ST 2018_12 DFSNZ vs XYZ - Decision on Sanction

Related case:
ST 2018_12 DFSNZ vs XYZ
March 4, 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.

Previously 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 deemed that the Athlete was what is in common parlance (and also in overseas literature and official reports) termed a “recreational” athlete.

In this proceedings the Tribunal renders its decision on the imposition of the sanction. The Tribunal considers that the Athlete gave a prompt admission and that there were substantial delays in the proceedings not attributed to the Athlete. Already was accepted that the violation was not intentional. The Tribunal grants the Athlete's request to suppress his name in this Decision in order to protect his reputation.

The Tribunal ruled that the sanction should not start on the date of the provisional suspension, i.e. 28 August 2018, but from 3 October 2018 due to the evidence showed that the Athlete competed in a golfing event while he was provisionally suspended.

Therefore the Sports Tribunal of New Zealand decides on 3 April 2019 to impose a 2 year period of ineligibility on the Athlete starting backdated on 3 October 2017.

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Parameters:

Legal
National Decisions
Date:
3 April 2019
Arbitrator
Farmer, Jim
Galbraith, Alan
Robertson, Bruce
Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Possession
Use / attempted use
Legal Terms
Case law / jurisprudence
Commencement of ineligibility period
Jurisdiction
Majority opinion
No intention to enhance performance
Period of ineligibility
Privacy
Prompt / Timely Admission
Provisional suspension
Rules & regulations National Sports Organisations & National Anti-Doping Organisations
Substantial delay / lapsed time limit
Sport/IFs
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
Substances
Clenbuterol
Methandienone (17β-hydroxy-17α-methylandrosta-1,4-dien-3-one)
Various
Amateur / club / recreational sport
Anti-Doping investigation
Clenbuterol NZ website
Publicity / public disclosure
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pdf
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