Related cases:
- ST 2017_13 DFSNZ vs Travell Ngatoko (1)
February 3, 2017
- ST 2017_12 DFSNZ vs Nohorua Parata
March 16, 2018

On 3 February 2017 the Sports Tribunal of New Zealand decided to impose a 6 month period of ineligibility on the rugby player Travell Ngatoko for testing positive for the prohibited substance Cannabis. His ineligibility started on 3 November 2016 and ended on 3 May 2017

Hereafter Drug Free Sport New Zealand (DFSNZ) reported that the Respondent Travell Ngatoko had played in a pre-season rugby league match in 18 March 2017 while he was still serving the imposed period of ineligibility.

After notification a new provisional suspension was ordered in November 2017. The Respondent filed a statement in his defence and he was heard for the Sports Tribunal of New Zealand.

The Respondent admitted the violation and he explained that he was encouraged and assured by his coach and the Board member that he could play. The Respondent asserted that he didn't knew that he could not play in a pre-season game under the terms of his ineligibility.

The Tribunal considers the Respondent's degree of fault in this case and finds that there are grounds for a reduced sanction.
Therefore the Sports Tribunal of New Zealand decides on 16 March 2018 to impose a proportional sanction of 4 months on the Respondent starting on the date of the provisional suspension, i.e. on 29 November 2017 until 31 March 2018.

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 purchase of a prohibited substance made by Michael Gregory Strickland.

Hereafter in March 2018 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Respondent Greg Strickland for the use, attempted use and possession of the prohibited substance Clenbuterol.

The Respondent 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 purchased the substance in March 2015 for the purpose of losing weight when he just begun to get involved in bodybuiling.

The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand.

The Sports Tribunal of New Zealand considers that the Respondent gave a prompt admission, that the violation was not intentional and that there were substantial delays in the proceedings not attributed to the Respondent.
Therefore the Sports Tribunal of New Zealand decides on 18 May 2018 to impose a 2 year period of ineligibility on the Respondent starting backdated by 10 months from the date of the provisional suspension, i.e. 27 March 2018.

In March 2018 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the minor Athlete (16) after his sample tested positive for the prohibited substance 5-Methylhexan-2-amine (1,4-dimethylpentylamine, 1,4-dimethylamylamine, 1,4-DMAA).

The Athlete filed a statement in his defence, gave a prompt admission, waived his right to be heard, accepted the provisional suspension and the sanction proposed by DFSNZ.
He explained that he had used by mistake a Kick Pre-Work out drink offered by a team member, he thought that the drink was Powerade and he mentioned this drink on the Doping Control Form.

In this case DFSNZ accepted that the violation of the minor Athlete was not intentional, that the drink is the likely source of the prohibited substance and that his degree of fault fell towards the lower end of the range of sanctions available under the defence.

The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand.

The Sports Tribunal of New Zealand considers that without a hearing the minor Athlete’s gave a prompt admission, his degree of fault and that the violation was not intentional.
Therefore the Sports Tribunal of New Zealand decides on 21 May 2018 to impose a 4 month period of ineligibility on the Respondent starting backdated on the date of the sample collection, i.e. on 18 February 2018.

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 purchase in 2015 of a prohibited substance made by the cricket player Harrisyn Jones.

Hereafter in May 2018 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against Harrisyn Jones for the use, attempted use and possession of the prohibited substance Clenbuterol.

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 purchased the substance in February 2015 for the purpose of losing weight after he recovered from an injury. When he received the package it looked suspicious, he did further research and decided not to use it.

The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand.

The Sports Tribunal of New Zealand considers that the Athlete gave a prompt admission, that the violation was not intentional and that there were substantial delays in the proceedings not attributed to the Athlete.
Therefore the Sports Tribunal of New Zealand decides on 21 August 2018 to impose a 2 year period of ineligibility on the Athlete starting backdated by 12 months from 24 May 2017.

In September 2017 the New Zealand Medicines and Medical Devices Safety Authority (Medsafe) informed DFSNZ about an imported parcel which was intercepted by NZ Customs and addressed to the Athlete Brendon Keenan containing Erythropoietin (EPO). Here Medsafe’s investigation showed that the Athlete placed 3 orders for the vial of EPO. The first 2 orders were cancelled and the product not delivered. On the third transaction the Athlete used bitcoin as payment and the parcel was intercepted by Customs.

Hereafter in May 2018 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the Athlete for his attempted use and possession of the prohibited substance.

After notification the Athlete gave a prompt admission, denied the intentional use, waived his right to be heard, accepted a provisional suspension and the sanction proposed by DFSNZ.
The Athlete explained with medical evidence that he purchased the EPO solely to address a blood condition from which he was suffering to improve his health.

DFSNZ contended that the circumstances in which the Athlete sought and purchased EPO on the internet meant that he would not be able to establish that his conduct was not intentional under the Rules. DFSNZ regarded that the EPO was not for the treatment of a condition due to the Athlete was actively competing and training at the time of the purchase and the nature of the website and the bitcoin transaction to obtain the EPO indicated intentional use.

The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand.

The Tribunal considers that the Athlete gave a prompt admission and that the sanction can be backdated to the date of the violation.
Therefore the Sports Tribunal of New Zealand decides on 25 July 2018 to impose a 4 year period of ineligibility on the Athlete starting backdated on 7 September 2017 including disqualification of his results.

In May 2018 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the powerlifter Dylan Turner after his sample tested positive for the prohibited substance GW1516.

After notification a provisional suspension was ordered. The Athlete submitted a prompt admission, waived his right to be heard and thereafter failed to respond to any communication from DFSNZ and the Tribunal.

The Tribunal holds that numerous attempts were made to engage with the Athlete throughout the process and has been given every opportunity to consier his position take action.

With only the Athlete's prompt admission and without any further response the Sports Tribunal of New Zealand decides on 5 July 2018 to impose a 4 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 21 April 2018.

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 purchase in 2014 of prohibited substances made by the hockey player Richard Brougham.

Hereafter in June 2018 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against Richard Brougham for the use, attempted use and possession of the prohibited substances Clenbuterol, Dianabol (Metandienone) and Nandrolone.

The Athlete gave a prompt admission, waived his right to be heard and accepted the sanction proposed by DFSNZ. He stated that he purchased the substance Clenbuterol and denied the purchase and payment for Nandrolon and Metandienone.

The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand.

The Sports Tribunal of New Zealand 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 20 July 2018 to impose a 2 year period of ineligibility on the Athlete starting backdated by 10 months from 20 September 2017.

In June 2018 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the cyclist Nicholas Byrne after his A and B samples tested positive for the prohibited substances Androsterone, Etiocholanolone, Testosterone and 5β-androstane-3α,17β-diol.

After notification the Athlete gave a prompt admission, waived his right to be heard, accepted a provisional suspension and the sanction proposed by DFSNZ.
The parties in this case reached an agreement and filed a joint memorandum in relation to the sanction for approval into a decision of the Sports Tribunal of New Zealand.

The Tribunal considers that the Athlete gave a prompt admission and that the sanction can be backdated to the date of the sample collection.
Therefore the Sports Tribunal of New Zealand decides on 27 August 2018 to impose a 4 year period of ineligibility on the Athlete starting backdated on 20 April 2018 including disqualification of his results.

Related case:
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 (Metandienone). 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.

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 (Metandienone). 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.