ST 2018_13 DFSNZ vs Kael McEnteer

11 Oct 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 a prohibited substance made by the rugby player Kael McEnteer.

Hereafter in September 2018 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against the Athlete 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 used the substance in 2014 for the purpose of losing weight and didn’t know that it was prohibited.

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 11 October 2018 to impose a 2 year period of ineligibility on the Athlete starting backdated by 12 months from 14 September 2017.

ST 2018_14 DFSNZ vs Hayden Blackley

29 Oct 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 rugby player Hayden Blackley.

Hereafter in September 2018 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against Hayden Blackley 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 used the substance in 2015 for the purpose of losing weight and didn’t know that it was prohibited. On advice of his friends he didn’t use it and threw it away.

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 29 October 2018 to impose a 2 year period of ineligibility on the Athlete starting backdated by 12 months from the date of the provisional suspension, i.e. 15 October 2018.

ST 2018_15 DFSNZ vs Zane Hopman

15 Oct 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 Athlete Zane Hopman.

Hereafter in September 2018 Drug Free Sport New Zealand (DFSNZ) has reported two anti-doping rule violations against Zane Hopman for the use, attempted use and possession of the prohibited substances Tamoxifen, Testosterone and Trenbolone.

The Athlete gave a prompt admission, waived his right to be heard, accepted the 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 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 15 October 2018 to impose a 2 year period of ineligibility on the Athlete starting backdated by 12 months from 25 September 2017.

ST 2018_17 DFSNZ vs Samuel Henry

25 Feb 2019

In November 2018 Drug Free Sport New Zealand (DFSNZ) has reported an anti-doping rule violation against the rugby player Samuel Henry after his sample tested positive for the prohibited substance cannabis in a concentration above the WADA threshold. After 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 and explained that he used cannabis recreationally as a way of dealing with the Post Traumatic Stress Syndrome (PTSD) he was diagnosed in 2016. He stated that the week prior to competition in question he had used Cannabis as a way of dealing with the pressure of the competition.

DFSNZ accepts the Athlete’s statement that the use of cannabis was recreational, not intentional and that he established No Significant Fault or Negligence in this case. Also the Tribunal accepts the Athlete’s statement and evidence and considers the Athlete’s level of Cannabis use to determine the minimum sanction.

Therefore the Sports Tribunal of New Zealand decides on 25 February 2019 to impose a 7 month period of ineligibility on the Athlete starting backdated by 1 month prior to the date of the provisional suspension, i.e. 10 November 2018.

ST 2019_01 DFSNZ vs Paul Clout

17 Jul 2019

In January 2019 Drug Free Sport New Zealand had reported an anti-doping rule violation against the football player Paul Clout after his A and B samples tested positive for the prohibited substance Probenecid.
After notification the Athlete gave a prompt admission, waived his right to be heard, accepted the test results and a provisional suspension.

The Athlete admitted the violation and denied the intentional use of the substance. He assumed that the protein powder he had used was the source of the positive test but after inquiries it was confirmed that this product was not contaminated. DFSNZ accepted that the violation was not intentional.

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.

Considering that the Athlete gave a prompt admission and that the violation was not intentional the Sports Tribunal of New Zealand decides therefore on 17 July 2019 to impose 2 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 2 December 2018.

ST 2019_03 DFSNZ vs Hinewai Pouwhare-Anderson

12 Jul 2019

In May 2019 Drug Free Sport New Zealand had reported an anti-doping rule violation against the powerlifter Hinewai Pouwhare-Anderson after her sample tested positive for the prohibited substance Clenbuterol. After notification the Athlete gave a prompt admission and waived her right to be heard. The Sports Tribunal of New Zealand settled the case based on the written submissions of the parties.

The Tribunal considers that the Athlete gave a prompt admission and that there were no grounds presented for a reduced santion. Therefore the Sports Tribunal of New Zealand decides on 12 July 2019 to impose a 4 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 13 April 2019.

ST 2019_07 DFSNZ vs Lee Marshall

27 Sep 2019

In July 2019 Drug Free Sport New Zealand had reported an anti-doping rule violation against the canoe Athlete Lee Marshall after his sample tested positive for the prohibited substances Androsterone, 5β-androstane-3α,17β-diol and Testosterone. After 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 gave a prompt admission and denied the intentional use. He asserted that he had used these substances as treatment for his low libido and not to enhance his sport performance.

The Tribunal considers that the Athlete gave prompt admission and that the violation was not intentional. It holds that the Athlete in his communications and evidence has been consistent that he is not a drug cheat and that the substances taking has been related to his personal challenges and difficulties, and has happened for at least 6 years.

Therefore the Sports Tribunal of New Zealand decides on 27 September 2019 to impose 2 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 16 February 2018.

ST 2019_08 DFSNZ vs Jason Anderson

25 Nov 2019

In July 2019 Drug Free Sport New Zealand had reported an anti-doping rule violation against the powerlifter Jason Anderson after his sample tested positive for the prohibited substance Tamoxifen. After notification the Athlete gave a prompt admission, waived his right to be heard, accepted the test result and a provisional suspension.

The Athlete admitted the violation and denied the intentional use of the substance. He explained that he had used it as treatment for his medical condition recommended by a friend. He was unaware that the substance was prohibited but he used it because he was concerned about his health. He stopped using it after approximately 10-14 days because of severe side effects.

Subsequently the Athlete had received a formal diagnosis for his medical condition by his physician and DFSNZ accepted that the violation was not intentional.

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.

Considering that the Athlete gave a prompt admission and that the violation was not intentional the Sports Tribunal of New Zealand decides therefore on 25 November 2019 to impose 2 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 13 May 2019.

ST 2019_09 DFSNZ vs Batuhan Yazici

12 Feb 2020

In November 2019 Drug Free Sport New Zealand has reported an anti-doping rule violation against the gymnast Batuhan Yazici after his A and B samples tested positive for the prohibited substance Methylphenidate. After notification the Athlete gave a prompt admission, waived his right to be heard, accepted the test result and a provisional suspension.

The Athlete denied the intentional use of the substance and explained that he had used one Ritalin pill to help him concentrate and complete an essay due for one of his university papers. DFSNZ accepted that the violation was not intentional. 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.

Considering that the Athlete gave a prompt admission and that the violation was not intentional the Sports Tribunal of New Zealand decides therefore on 12 February 2020 to impose 2 year period of ineligibility on the Athlete starting on the date of the sample collection, i.e. on 5 October 2019.

ST 2020_02 DFSNZ vs Simeon Woolsey

12 Jun 2020

In April 2020 Drug Free Sport New Zealand has reported an anti-doping rule violation against the Athlete Simeon Woolsey for the purchase and use of the prohibited substances Tamoxifen and Clomiphend in February 2020.

After notification the Athlete gave a prompt admission, accepted a provisional suspension and filed a statement in his defence.

The Athlete admitted the purchase of the substances on the internet but denied the intentional use for the purpose of enhancing his performance. He explained that he intended to use these substances as self-treatment for his medical condition. He stated that he was not a professional athlete and unaware that recreational athletes were subjected to the Anti-Doping Rules. DFSNZ accepted that the violation was not intentional.

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.

Considering that the Athlete gave a prompt admission and that the violation was not intentional the Sports Tribunal of New Zealand decides therefore on 12 June 2020 to impose 2 year period of ineligibility on the Athlete starting 4 February 2020.

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