IRB 2009 IRB vs Andre De Klerk

15 Mar 2010

Related case:
IRB 2011 IRB vs Andre De Klerk
April 4, 2012

Facts
The International Rugby Board (IRB) alleges Andre De Klerk (the player) for a violation of the Anti-Doping Rules. He was requested to provide a sample in an Out-of-Competition test, On 27 October 2009, which was conducted by the South African Institute of Drug Free Sport as part of the IRB’s Out-of-Competition testing program.

History
He obtained information concerning a possible source of steroids from another Namibian rugby player. The Player indicated that he did not wish to identify that player. He was then evidently put in touch with someone who sold him the Dianabol tablets.

Decision
The Player committed an Anti-Doping Rule Violation. The sanction imposed for this Anti-Doping Rule Violation is a period of Ineligibility of two years. The Player was provisionally suspended on 27 November 2009. The period of Ineligibility will, accordingly, expire on 27 November 2011.

SAIDS 2012_02 WADA vs Sloane Goosen & SAIDS - Appeal

5 Jul 2012

Related case:
SAIDS 2012_02 SAIDS vs Sloane Goosen
January 19, 2012

On 19 January 2012 the SAIDS Disciplinary Committee decided to impose a 1 year period of ineligibility on the Athlete for committing an anti-doping rule violation after his sample tested positive for the prohibited substance furosemide.

WADA appealed against the SAIDS decision to impose a 1 year period of ineligibility on the Athlete.
WADA argued that the Athlete took the water pill to enhance his performance and he acted very negligently by ingesting a medicine without taking reasonable precautions to ensure that it was safe to do so.

The Appeal Committee concludes that the Athlete had no intention to enhance his performance. However the Athlete should have done more to satisfy himself that it was safe to take the water pills.

The Anti-Doping Appeal Tribunal of South Africa decides as follows:
1) The Appeal of WADA is admissible.
2) The decision of the SAIDS Disciplinary Committee relating to the sanction is set aside.
3) The Athlete is sanctioned with an 18 month period of ineligibility as from 22 October 2011.
4) All competitive results obtained by the Athlete from 22 October 2011 through the commencement of the applicable period of ineligibility shall be disqualified with all of the resulting consequences including forfeiture of any medals, points and prizes.

SAIDS 2011_24 SAIDS vs Darron Winston Omaticus

8 Nov 2012

The South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance methylhexaneamine (dimethylpentylamine).
After notification the Athlete was heard for the Disciplinary Committee.
The Athlete stated he had only used the substances and supplements disclosed on the Doping Control form. According to laboratory tests none of the substances the Athlete had used contained the prohibited substance.

The Committee notes that it is reasonable to conclude the possibility that the supplement used by the Athlete was the probable source of methylhexaneamine due to the manufacturer also produces a supplement containing 1,3 dimethylhexanamine which is a stimulant very similar to methlyhexaneamine.

Without intention to enhance performance the SAIDS Disciplinary Committee decides to impose a 6 month period of ineligibility on the Athlete starting on the date of the hearing, i.e. on 8 November 2011 to 7 May 2012.

IRB 2008 IRB vs Vakhtang Mdzinarishvili

22 Jul 2008

Facts
The International Rugby Board (IRB) alleges Vakhtang Mdzinarishvili (the player) for a violation of the Anti-Doping Rules. On 27 April, 2008, at the IRB Junior World Trophy Tournament held in Santiago, Chile, he was selected for an in-competition doping test for which he provided an urine sample. His sample tested positive on a very high level of metabolites of cannabis. Cannabis is a prohibited substance on the World Anti-Doping Agency (WADA) prohibited list 2008 and regarded as a specified substance.

History
The player was very upset because his team lost its match on 24 April 2008. He decided late in the evening to leave the team hotel on his own and make his way to a bar (unnamed) in Santiago where he accepted from an unidentified local person with whom he had become acquainted, a large cannabis cigarette which, without thinking of the consequences, he smoked in full. He stated he had not previously smoked cannabis. He stated that he also accepted the cigarette because he had sustained a painful injury during the match. Following his consumption of the cannabis, he felt sick. Because of the effects of the cannabis, on reflection, the player thought the cannabis must have been potent. He didn't use the cannabis to enhance his sport performances.

Decision
It is considered that a starting point of six months suspension reduced to four months would have been appropriate based, inter alia, on the basis of previous decisions involving cannabis use and the fact that the player's consumption irrespective of the level reported in his sample was not performance enhancing. Further the lack of supporting evidence confirming that the player had suffered a painful injury during the match was not a relevant consideration.
Accordingly, the period of suspension should commence from 27 May 2008 (being the date of the provisional suspension) until 31
December 2008. In broad terms, this period takes into account the break in the rugby season in Georgia during the period July to September.

Costs
Submissions should be provided in time.

IRB 2008 IRB vs Evile Telea

3 Aug 2010

Facts
The International Rugby Board (IRB) alleges Evile Telea (player) for violation of the Anti-Doping Rules. Following his evidence given in the previous cases of Salanoa and Moala the IRB alleges the Player has committed five anti-doping rule violations, namely:
1. Use of a Prohibited Substance (Salbutamol – administered by oral means) on or about May 2008 without a valid TUE as required by 2008 IRB Regulation 21.5, contrary to IRB Regulation 21.2.2;
2. Possession of a Prohibited Substance (oral Salbutamol) on or about 10 May 2008 in contravention of IRB 2008 Regulation 21.2.6(a);
3. Trafficking of a Prohibited Substance (oral Salbutamol) to a Player (Salanoa) on or about 10 May 2008 in contravention of IRB 2008 Regulation 21.2.7;
4. Possession of a Prohibited Substance (oral Salbutamol) on or about 22 May 2008 in contravention of IRB 2008 Regulation 21.2.6(a); and/or
5. Trafficking of a Prohibited Substance (oral Salbutamol) to a Player (Moala) on or about 22 May 2008 in contravention of IRB 2008 Regulation 21.2.7.

Decision
The sanction which is imposed for the Player’s anti-doping rule violations is a total period of four (4) years ineligibility commencing from 8th January 2009 (the date upon which the Player’s provisional suspension commenced) and concluding (but not inclusive of) 8th January 2013.

Costs
Written submissions should be submitted on time.

SAIDS 2011_28 SAIDS vs Gregory Tshepo Nkoana

13 Mar 2012

The South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance cannabis.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence was heard for the Disciplinary Committee.

The Athlete admitted he was guilty and stated he did not know that the flu medication he had used contained Dagga (cannabis) and he had not previously used any illegal substances. His mother gave him this medication every year in the winter without telling the him what she put in her medication.

Considering the circumstances and without intention to enhance his performance the SAIDS Disciplinary Committee decides to impose a 2 month period of ineligibility on the Athlete starting on the date of the notification, i.e. 27 September 2011 to 27 November 2011.

SAIDS 2011_26 SAIDS vs Nzuzo Ngxongo

15 Nov 2011

Related case:
SAIDS 2011_26 WADA vs Nzuzo Ngxongo & SAIDS – Appeal
May 3, 2012

The South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance furosemide.

The Athlete stated that he had been given the tablet "a small white pill" by a person whose identity he did not wish to disclose and that he did so in order to define his muscles in that a diuretic would reduce the water in his system and consequently "make him more ripped". The tablet was ingested the day before the competition.

Considering mitigating factors the SAIDS Disciplinary Panel decides to impose a 18 month period of ineligibility on the Athlete starting on 30 August 2011 to 28 February.

Hereafter WADA appealed this decision.

SAIDS 2011_26 WADA vs Nzuzo Ngxongo & SAIDS - Appeal

3 May 2012

Related case:
SAIDS 2011_ 26 SAIDS vs Nzuzo Ngxongo
November 15, 2011

On 15 November 2011 the SAIDS Disciplinary Committee decided to impose a 18 month period of ineligibility on the Athlete for committing an anti-doping rule violation after he tested positive for the prohibited substance furosemide.

WADA appealed against the SAIDS decision to impose a 18 month period of ineligibility on the Athlete because it does not agree that the considered mitigating factors are indeed mitigating factors. WADA argued that in order to qualify for a reduction the Athlete must show that he exercised the utmost caution and made every conceivable effort to avoid taking the prohibited substance. This he failed to do.

The Anti-Doping Appeal Tribunal of South Africa decides to set aside the Decision of the SAIDS Disciplinary Committee which is substituted with the following:

1) A 2 year period of ineligibility is imposed on the Athlete from date hereof;
2) The Athlete is to be credited with the period of ineligibility he served from 30 August 2011 to date hereof;
3) The period of ineligibility therefore expires on 29 August 2013.

IRB 2008 IRB vs Jovan Pupuke

15 Jul 2008

Facts
The International Rugby Board (IRB) alleges Jovan Popuke (the player) for a violation of the Anti-Doping Rules. Jovan Pupuke ("the player") is a rugby player who plays most of his sport in New Zealand where he has lived all his life. Because of his ancestry, he was selected to represent the Cook Islands at the IRB Junior World Trophy Tournament held in Santiago, Chile. On 19 April 2008, following the Cook Islands/Romania match, he provided an in-competition urine sample. His sample tested positive on a metabolite of cannabis. Cannabis is a prohibited substance according to the World Anti-Doping Agency (WADA) and regarded as a specified substance.

History
In response to questioning, the player discounted any suggestion that he smoked cannabis to enhance his performance. He did so while socially interacting with his three friends at a party during the evening of 29/30 March 2008. The player has established on a balance of probabilities that his use of cannabinoids was not intended to enhance sport performance and, if so, to decide the sanction that should be imposed for a first violation by the Player.

Decision
A period of suspension of four months reduced to three months on account of the player's early acknowledgment of guilt, his expressed regret and remorse that his conduct has tarnished the image of rugby in the Cook Islands.

Costs
Written submissions should be provided on time.

SAIDS 2011_31 SAIDS vs Tiegan Mulholland

1 Dec 2011

The South African Institute for Drug-Free Sport (SAIDS) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance cannabis.
After the notification a provisional suspension was ordered and the Athlete was heard for the Disciplinary Committee.

The Athlete indicated that he was guilty of the charge. He had smoked Dagga (cannabis) two or three week before he participated in the event.
Considering the circumstances and without intention to enhance his performance the SAIDS Disciplinary Committee decides to impose a 4 month period of ineligibility on the Athlete starting on the date of the provisional suspension, i.e. 28 September 2011 to 27 January 2012.

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