SDT 2006_20 New Zealand Rugby League vs Blake Milner

24 Nov 2006

The New Zealand Rugby League (NZRL) have reported an anti-doping rule violation against the Respondent after he tested positive for the prohibited substance Cannabis.
NZRL notified the Respondent and ordered a provisional suspension.
Respondent affirmed to the Tribunal that he had used Cannabis three weeks before the competition when he did not expect to be reselected for the season.
The Tribunal finds that he did not smoke Cannabis to enhance his sport performance. Aggravating circumstance was that Respondent had signed a declaration acknowledging that he was aware of NZRL ant-doping policy.
Therefore the Sports Disputes Tribunal of New Zealand decides to impose a 2 month period of ineligibility on Respondent starting from the date of this decision.

SDT 2006_04 New Zealand Power Lifting Federation vs Mark Mete

25 May 2006

The New Zealand Power Lifting Federation (NZPF) has reported an anti-doping rule violation against the Respondent after he tested positive for the prohibited substance Ephedrine. After notification by NZPF the Respondent filed a statement in his defence and was heard for the Tribunal.
Respondent stated he suffers from asthma and to treat this he takes a range of prescribed medications. These medications include asthma inhaler for which he had been granted a therapeutic use exemption (TUE). Recently his doctor prescribed him Ephedrine tablets to help him breathing and help him complete cardio sessions. He took the tablets on the day of the competition.

The Tribunal concludes that Respondent had committed an anti-doping rule violation in accordance under the Rules of the International Power Lifting Federation Code. Therefore the Sports Disputes Tribunal of New Zealand decides to impose a 3 month period of ineligibility on Respondent starting from 22 May 2006. He is disqualified from the events he competed in during the championship.

FEI 2012 FEI vs Aleksandr Kovshov

27 Dec 2012

Facts
International Equestrian Federation (FEI) charges Aleksandr Kovshov (the athlete) for a violation of the Anti-Doping Rules. The Athlete participated at the CDI-W in Zhashkiv, UKR (the "Event") from 24 to 26 February 2012, in the discipline of Dressage. On 25 February 2012, the Athlete was selected for in-competition testing. The analysis of the sample revealed the presence of ll-nor-delta-9-tetrahydrocannabinol-9-carboxylicacid (Carboxy-THC), which is a Prohibited Substance according to the WADA Prohibited List in force at the time of the Sample collection. Carboxy-THC is a metabolite of THC, which is listed in Class S8 "Cannabiniods" of Prohibited substances, It is prohibited in-competition and considered a "Specified Substance" under the WADA Prohibited List. The athlete waved is right for a B sample analyis.

History
The Athlete provided his response to the charges. The Athlete submitted that on the eve of the competition he had attended a billiard club with friends. That they had ordered a hookah
containing a fruit mixture, and that his friends had persuaded him to try it, He further submitted that he was not aware that the hookah contained any Prohibited Substances and was therefore relaxed when informed at the Event that he had been selected for doping control. That he was surprised at the subsequent positive test result. That he had no intention to enhance his sporting performance, that the case at hand was his first violation in his career, and that he regretted the incident.

Submission tribunal
The athlete didn't established how the Carboxy-THC had entered his body. In this context the FEI argued that the Athlete had been highly negligent to smoke the hookah as he could not possibly have known what he ingested by smoking the fruit mixture, and that apparently he did not question the content of the hookah, in order to assure that it did not contain any Prohibited Substances.

Decision
1. The Athlete shall be suspended for a period of two (2) years to be effective immediately and without further notification. Therefore the Athlete shall be ineligible through 26 November 2014,
2. The Athlete is fined CHF 1,000.-.
3. No Athlete who has been declared Ineligible may, during the Period of Ineligibility, participate in any capacity in a Competition or activity (other than authorised anti-doping education or rehabilitation programs) that is authorised or organised by the FEI or any National Federation or be present at an Event (other than as a spectator) that is authorised or organised by the FEI or any National Federation, or participate in any capacity in Competitions authorised or organised by any international or national-level Event organisation (Article 10.10.1 of the ADRHA). Under Article 10.10.2 of the ADRHA, specific consequences are foreseen for a violation of the Period of Ineligibility.

Costs
The Athlete shall contribute CHF 500,- towards the legal costs of the
legal procedure.

SDT 2006_12 Softball New Zealand vs Justin Karaitiana

28 Apr 2006

Softball New Zealand (SNZ) has reported an anti-doping rule violation against the Respondent after he tested positive for the prohibited substance Cannabis.
After notification by SNZ the Respondent filed a statement in his defence and was heard for the Tribunal.
The Respondent admitted he had smoked Cannabis at a party a week before the tournament. Respondent had no intention to enhance his sport performance, apologised and requested that he be allowed to continue play softball.

The Tribunal concludes that the Respondent did not smoke cannabis for performance-enhancing purposes and the use of Cannabis was unrelated to the sport. Therefore the Sports Disputes Tribunal of New Zealand decides to impose a warning and a reprimand on the Respondent.

SDT 2006_01 New Zealand Federation of Body Builders vs Naera Johnson

25 Mar 2006

The New Zealand Federation of Bodybuilders (NZFBB) has reported an anti-doping rule violation against the Respondent after her sample tested positive for the prohibited substance Clenbuterol.

Respondent admitted the anti-doping violation, did not want to participate in the hearing and acknowledged that the Tribunal may impose a penalty on her without holding a hearing of the parties.
The Tribunal notes that Respondent admitted the violation but provided no further information to warrant any lesser penalty than the two year suspension set out in the WADA Code.
Therefore the Sports Disputes Tribunal of New Zealand decides to impose a 2 year period of ineligibility on the Respondent starting from the date of the decision.

FEI 2011 FEI vs Jose Henrique Fernandes Pereira

17 Mar 2011

Facts
The International Equestrian Federation (FEI) charges Jose Henrique Fernandes Pereira (the athlete) for a violation of the Anti-Doping Rules. Jose Henrique Fernandes Pereira (the "Athlete") participated at the CDI in Arruda Dos Vinhos, POR (the "Event"), from 11 to 13 December 2009. On 12 December 2009, the Athlete was selected for in-competition testing. His sample tested positive on cannabinoids, metabolites of cannabis. Cannabis is a prohibited substance on the WADA 2009 prohibited list. Cannabinoids are classified as "Specified Substances" on the Prohibited List and are therefore treated differently than other Prohibited Substance categories. Following an error of communication, on 18 February 2010, the analysis of the B-Sample took place. Whereas the Athlete had not been officially notified of the positive test result by the FEI at the time of the B-Sample analysis.

History
The athlete was invited to a friend's birthday party in Viana do Castelo, Portugal in early December 2009 and participated in smoking a cannabis cigarette that was passed around and smoked by others. The Athlete mentioned that he was tempted to join by an environment of others that smoked on that
occasion, although he does not have the habit of using any kind of drugs. The decision to smoke cannabis during was "an isolated act, adopted in a friendship environment". The Athlete argued that Cannabinoids do not have performance enhancing effects.

Decision
1. The Athlete shall be suspended for a period of three (3) months to be effective immediately and without further notice from the date of the notification.
2. The Athlete is fined CHF 2,000.-.

Costs
The Athlete shall contribute CHF 1,500.- towards the legal costs of the legal procedure.

SDT 2006_18 Basketball New Zealand vs Mark Dickel

14 Aug 2006

Basketball New Zealand (BBNZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis.
After notification by BBNZ the Respondent was provisional suspended and heard for the Tribunal.
Respondent admitted the recreational use of Cannabis at a party 5 weeks before the positive doping test. Respondent was not under contract to any basketball organisation at the time of the Cannabis use.

The Tribunal notes that Respondent had already been suspended for matches and also suffered financial penalty as a result of his suspension. Therefore the Sports Disputes Tribunal of New Zealand decides to impose a warning and a reprimand on the Respondent.

SDT 2005_15 Touch New Zealand vs Nui Bartlett

31 Jan 2006

Touch New Zealand (Touch NZ) has reported an anti-doping rule violation against the Respondent after his sample tested positive for the prohibited substance Cannabis.
Touch NZ notified the Respondent and, together with the New Zealand Rugby Union, ordered a provisional suspension. Respondent filed a statement in his defence and was heard for the Tribunal.
Respondent admitted the violation. He stated that the night before the Touch tournament he was celebrating and became so intoxicated that he could not recollect what happened, but accepted that he must have used Cannabis.
He expressed remorse and apologised for his actions.

The Tribunal finds that an aggravating factor in the case is the fact the Respondent had previously signed Player Participation Agreements with Touch NZ. In these agreements the athletes undertook to abide by all drug/doping rules and regulations, including those provided by the International Federation, WADA, the International Olympic Committee and the New Zealand Sports Drug Agency. In addition the Cannabis taking occurred just before the Touch tournament; and that he was an experienced player aware of Touch NZ’s strong drug free stance. The Tribunal notes that Touch NZ has had several cases involving cannabis violations and has been making commendable efforts to combat use of drugs in its sport, of which Respondent would be aware. The fact that the Cannabis use occurred while Respondent was intoxicated during a night of celebration was not a mitigating factor.

The Tribunal considers that Respondent was already provisional suspended for eight weeks and had missed several tournaments. Therefore the Tribunal finds a one week reduction to the otherwise appropriate one month suspension is warranted.
The Sports Disputes Tribunal of New Zealand decides to impose a 3 week period of ineligibility, a warning and a reprimand on the Respondent. Each party will bear their own costs.

FEI 2008 FEI vs Mark Armstrong

20 Mar 2008

Facts
The Fédération Equestre Internationale (FEI) charges Mark Armstrong (athlete) for a violation of the Anti-Doping Rules. On 18 November 2007, the Athlete was selected for in-competition testing. His sample tested positive on salbutamol at a concentration measured as 610 ng/ml. Salbutamol is listed as a prohibited substance on the WADA 2007 prohibited list.

History
The athlete doesn't request an B-sample analysis nor an oral hearing. In a written statement he explains that the source of the contamination is his use of Asthma medication. The Athlete acknowledges that it was his responsibility to obtain a Therapeutic Use Exemption ("TUE") and expresses his deep regret and apology for this omission. He, however, expresses his disappointment that his National Federation ("NF") "did not direct [him] proactively to obtain a TUE as, through [his] involvement in their elite squad, [he is] quite certain they knew [he's] asthmatic and required Ventolin". the Athlete applied for a national TUE with UK Sport and for an international TUE with the FEI. His International TUE was granted on 21 January 2008 by the FEI TUE Committee ("TUEC") with an approval expiry date of 31 December 2009. The Athlete assures that he had no intention to enhance his performance and that his omission to obtain a TUE and his rule violation were unintentional.

Submissions tribunal
The athlete was negligent to ask for a TUE.

Decision
The Tribunal decides to disqualify the Athlete from the Event and that all medals, points and prize money won at the Event must be forfeited, in accordance with ADRHA Article 9.
The Athlete shall be warned and reprimanded.

Costs
The Athlete shall contribute CHF l/OOO.- towards the legal
costs of the judicial procedure.

SDT 2006_10 Softball New Zealand vs Curtis Ames

8 May 2006

Softball New Zealand (SNZ) has reported an anti-doping rule violation against the Respondent after he tested positive for the prohibited substance Cannabis.
After notification by SNZ the Respondent filed a statement in his defence and was not available to be heard for the Tribunal.
The Respondent admitted he had smoked Cannabis and provided an explanation to the Tribunal.

The Tribunal concludes that the Cannabis use was unrelated to the sport and the Respondent did not smoke cannabis for performance-enhancing purposes. Therefore the Sports Disputes Tribunal of New Zealand decides to impose a reprimand and a warning on the Respondent.

The Tribunal directs Softball New Zealand to send a copy of this decision to the appropriate softball authorities in Canada, to ensure they are aware of it and can take such steps to notify the Respondent of it as may be appropriate.

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