ST 2023_09 DFSNZ vs Robert Knight

In November 2023 Drug Free Sport New Zealand (DFSNZ) reported an anti-doping rule violation against the archer Robert Knight after his sample tested positive for the prohibited substance Metoprolol. After the positive test the Athlete made an application for a TUE, yet this application was rejected.

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

The Athlete admitted the violation, denied the intentional use of the substance and argued that he acted with No Significant Fault or Negligence. He explained that he had used Metoprolol as prescribed medication for his diagnosed condition and that he was unaware that this medication contained a prohibited substance.

He asserted that his doctor knew that he was a competitive archer. Previously in 2010 he had discussed the anti-doping rules with her and she has had assisted in his TUE application.

DFSNZ accepted that the violation was not intentional. Nevertheless it deems that the Athlete failed to demonstrate that he acted with No Significant Fault or Negligence.

The Tribunal agrees that the Athlete's violation was not intentional and that there are no grounds for a reduced sanction. The Panel determines that there was no evidence that the Athlete's doctor was an expert in sports medicine and that this was the basis on which he relied on her medical advice.

Therefore the Tribunal decides on 5 April 2024 to impose a 2 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 10 November 2023.

Original document

Parameters

Legal Source
National Decisions
Date
5 April 2024
Arbitrator
Hayward, Pippa
Macdonald, John
Smith, Warwick
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Acceptance of sanction
Admission
Case law / jurisprudence
Circumstantial evidence
No intention to enhance performance
Period of ineligibility
Provisional suspension
Waiver of "right to be heard"
Sport/IFs
Archery (WA) - World Archery
Other organisations
Drug Free Sport New Zealand (DFSNZ)
Doping classes
P1. Beta-Blockers
Substances
Metoprolol
Medical terms
Legitimate Medical Treatment
Therapeutic Use Exemption (TUE)
Document type
Pdf file
Date generated
11 April 2024
Date of last modification
25 April 2024
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