NZRU 2018 DFSNZ vs Shanan Kapene

In 2015 the New Zealand Medicines and Medical Devices Safety Authority (Medsafe) informed DFSNZ about the results of Medsafe’s investigation into an internet drug supplier NZ Clenbuterol and provided DFSNZ details about the internet purchases in 2014 of prohibited substances made by the rugby player Shanan Kapene.

Hereafter in August 2018 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against Shanan Kapene for the use, attempted use and possession of the prohibited substances Clenbuterol, Tamoxifen and Testosterone.

The Athlete gave a prompt admission, denied the intentional use, waived his right to be heard, accepted the provisional suspension and the sanction proposed by DFSNZ. He explained that he used the substances to lose weight and gain muscle for aesthetics reasons and not to enhance sports performance. He used the Tamoxifen to address the side effects he experienced and didn’t know that these substances were prohibited.

The parties in this case reached and agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the New Zealand Rugby Union Judicial Committee.

The New Zealand Rugby Union Judicial Committee considers that the Athlete gave a prompt admission and that there were substantial delays in the proceedings not attributed to the Athlete.

Therefore the Sports Tribunal of New Zealand decides on 15 November 2018 to impose a 2 year period of ineligibility on the Athlete starting backdated by 12 months, i.e. on 15 August 2017.

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Parameters:

Legal
National Decisions
Settlement
Date:
15 November 2018
Arbitrator
Castle, Ben
Murphy, Ian
Paterson, Barry
Source
New Zealand Rugby Union Anti-Doping Tribunal
Country
New Zealand
Language
English
ADRV
Possession
Use / attempted use
Legal Terms
Acceptance of sanction
Case law / jurisprudence
Commencement of ineligibility period
Period of ineligibility
Prompt admission
Settlement
Substantial delay / lapsed time limit
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Rugby - World Rugby
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Drug Free Sport New Zealand (DFSNZ)
Doping classes
S1. Anabolic Agents
S4. Hormone And Metabolic Modulators
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Clenbuterol
Tamoxifen
Testosterone
Various
Anti-Doping investigation
Clenbuterol NZ
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