ST 2023_03 DFSNZ vs Vaibhav Sharma

In October 2022 the New Zealand Customs Service intercepted a package addressed to the cricket player Vaibhav Sharma. This package contained multiple prohibited substances:

  • (a) Nadrol-50, oxymethalone 50mg, 15 bottles x 50 tablets;
  • (b) Sustanon, sustanon 250mg, 5 x 10ml vials;
  • (c) Tren-A-100, trenbolone acetate, 100mg/ml, 3 x 10ml vials;
  • (d) Masteron, drostanolone propionate 100mg/ml, 2 x 10ml vials;
  • (e) Deca-300, nandrolone decanoate, 300mg/ml, 6 x 10ml vials;
  • (f) Cyp-300, testosterone cypionate, 300mg/ml, 3 x 10ml vials;
  • (g) Test Depot, testosterone enanthate, 250mg/ml, 2 x 10 ml vials;
  • (h) Cypionex, testosterone cypionate, 250mg/ml 5 x 10ml vials; and
  • (i) Clen-40, clenbuterol, 40mcg, 15 bottles x 100 tablets.

Hereafter in April 2023 Drug Free Sport New Zealand reported 2 anti-doping rule violations against the Athlete for possession and attempted use of these prohibited substances.

Following notification the Athlete filed a statement in his defence and he was heard for the Sports Tribunal of New Zealand.

The Athlete denied the possession and the intentional use of the substances although he acknowledged that the package was addressed to him listing his name, address and phone number. He suggested and raised various possibilities as to other people being responsible for purchasing these prohibited substances.

In view of the evidence the Panel finds that DFSNZ has established to its comfortable satisfaction that the Athlete had purchased these substances and was therefore in possession of them. The Tribunal deems that the Athlete's explanations are totally implausible and quite fanciful.

The Tribunal is also comfortably satisfied that the Athlete attempted to use the prohibited substances. It seems implausible that he would purchase the substances if he did not intend to use them.

Therefore the Sports Tribunal of New Zealand decides on 28 June 2023 to impose a 4 year period of ineligibility on the Athlete, starting backdated on 28 April 2023.

Original document

Parameters

Legal Source
National Decisions
Date
28 June 2023
Arbitrator
Aitken, Ruth
Macdonald, John
Smith, Warwick
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Possession
Use / attempted use
Legal Terms
Circumstantial evidence
Sport/IFs
Cricket (ICC) - International Cricket Council
Other organisations
Drug Free Sport New Zealand (DFSNZ)
Doping classes
S1. Anabolic Agents
Substances
Clenbuterol
Drostanolone
Methyltestosterone
Nandrolone (19-nortestosterone)
Oxymetholone
Testosterone
Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one)
Document type
Pdf file
Date generated
11 July 2023
Date of last modification
20 July 2023
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