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Decisions

Find the latest Tribunal decisions. You may also be interested in the Results or Statistics around decisions.

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Latest decisions

187

cases

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Announcement of Anti-Doping Decision (all details relating to case are confidential)

07/10 · Decision 8 October 2010 · Announcement 19 November 2010.

Overview:

The Sports Tribunal has heard and decided an anti-doping application and found that there was no violation. All details relating to this case are strictly confidential, pursuant to the Sports Anti-Doping Rules.

Anti-doping case · 19 November 2010

Basketball New Zealand Inc v Clifton Bush Junior

ST 15/07 · Decision 10 October 2007

Overview:

Anti-doping - cannabis - recreational use - admitted violation - cannabis used by athlete when feeling depressed on anniversary of father's death - outdated BBNZ anti-doping code applied at time of violation - on one interpretation of BBNZ code, defendant liable for 2 years' mandatory suspension - Tribunal... gave BBNZ code a purposive interpretation - Tribunal found that cannabis fell into the "related substances" category in BBNZ code that had essentially the same purpose as the "specified substances" category under the WADA Code - lesser sanctions than 2 years' ineligibility were available for a "related substance" - retirement - defendant stated he has retired - notwithstanding this, it was appropriate to impose a suspension - sanction of suspension gives notice to athletes of Tribunal's position in these matters - 2 months' ineligibility imposed.

Decision
PDF, 78 KB
Media Release
PDF, 66 KB

Anti-doping case · Basketball · 10 October 2007

Basketball New Zealand Inc v Kareem Johnson

ST 16/07 · Decision 6 December 2007

Overview:

Anti-doping - cannabis - recreational use - admitted violation - outdated BBNZ anti-doping code applied at time of violation - Tribunal applied same interpretation to code as in BBNZ v Bush (ST 15/07, 10 October 2007) - fact that was a professional athlete did not of itself influence Tribunal - however... ban would have potentially harsh consequences for player as basketball season was short and may affect whether player offered future contract - aggravating circumstances of player being experienced competitor who well aware that cannabis was prohibited - player offered to help other athletes under a drug education programme - while ban was appropriate, Tribunal would suspend ban on condition player participated in suitable drug education programme - player banned from competing in BBNZ events between 15 February 2008 and 21 March 2008 but ban was to be suspended if player satisfied certain conditions relating to participating in drug education programme.

Decision
PDF, 87 KB
Media Release
PDF, 67 KB

Anti-doping case · Basketball · 6 December 2007

Basketball New Zealand v Mark Dickel

SDT 18/06 · Decision 14 August 2006

Overview:

Anti-doping - cannabis - NZ representative player - recreational use at party 5 weeks before test - defendant not under contract at time of use - defendant served interim suspension of 2 matches - defendant exposed to adverse publicity and suffered financial consequences as result of interim suspension... - no aggravating circumstances justifying further suspension - warning and reprimand imposed.

Decision
PDF, 97 KB
Media release
PDF, 135 KB

Anti-doping case · Basketball · 14 August 2006

BikeNZ v Amy Mosen

SDT 06/05 · Decision 31 May 2005

Overview:

Anti-doping - Terbutaline - cyclist not aware needed to get Therapeutic Use Exemption (TUE) for asthma inhaler - While surprising defendant did not have a better knowledge of what was required, Tribunal accepted that in the circumstances she did not - defendant selected at short notice to represent NZ... for first time, not a carded athlete, had not been on any drug testing programme, and had never been drug tested before - observations about obligations on National Sports Organisations to inform athletes about TUEs and anti-doping matters - Tribunal accepted defendant did not use terbutaline with intention of enhancing sports performance and that her failure to obtain TUE was due to inadvertence - minimum penalty of a warning and reprimand was appropriate.

Decision
PDF, 61 KB
Media release
PDF, 26 KB

Anti-doping case · Cycling · 31 May 2005

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