ST 2018_12 DFSNZ vs XYZ - Decision on Sanction
April 3, 2019
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 and 2015 of prohibited substances made by the surf life saver XYZ (the Athlete).
Hereafter in August 2018 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Athlete for the use and possession of the prohibited substances Clenbuterol and Dianabol (Methandienone). After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and was heard for the Sports Tribunal of New Zealand.
The Athlete gave a prompt admission, denied the intentional use of the substances and argued that he participated in surf life saving only socially. He stated that he used the substances to lose weight for a short time.
The Tribunal issued on 4 March 2019 its Decision on liability of the Athlete. Here the Tribunal established that the Athlete was subject to the Rules contained in SADR by virtue of his membership of his local surf life saving and golf clubs which were both affiliated NSOs that had adopted SADR.
By majority decision, the Tribunal also ruled that the Athlete was an “athlete” as that term is defined in SADR and that, as a consequence, he had contravened the use and possession provisions of SADR by reason of his having purchased prohibited drugs (Clenbuterol and Dianabol) online at a time when he was competing in club sports (swimming and golf), notwithstanding that his evidence that he had used the drugs for a short time only in an attempt to lose weight was accepted by the Tribunal. The Tribunal holds that the Athlete was what is in common parlance (and also in overseas literature and official reports) termed a “recreational” athlete.
The Tribunal wishes to hear further from the parties on the question of sanction generally and in particular on the issue of no significant fault or negligence.
ST 2018_12 DFSNZ vs XYZ
- National Decisions
- 4 March 2019
- Farmer, Jim
- Galbraith, Alan
- Robertson, Bruce
- Sports Tribunal of New Zealand
- New Zealand
- Use / attempted use
- Legal Terms
- Case law / jurisprudence
- Commencement of ineligibility period
- Interim / preliminary / partial award or decision
- Majority opinion
- No intention to enhance performance
- Period of ineligibility
- Prompt / Timely Admission
- Rules & regulations National Sports Organisations & National Anti-Doping Organisations
- Substantial delay / lapsed time limit
- Life Saving (ILS) - International Life Saving Federation
- Other organisations
- Drug Free Sport New Zealand (DFSNZ)
- Surf Life Saving New Zealand (SLSNZ)
- Doping classes
- S1. Anabolic Agents
- Methandienone (17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
- Amateur / club / recreational sport
- Anti-Doping investigation
- Clenbuterol NZ website
- Publicity / public disclosure
- Document type
- Pdf file