Decisions
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206
cases
Drug Free Sport New Zealand v Nohorua Parata
12/17 · Decision 28 February 2018
Anti-doping – coach of Coastal Cobras’ Taranaki based rugby league team Nohorua Parata (NP) admitted violation of Sports Anti-Doping Rules (SADR) rule 2.9 – allowing banned player, Travell Ngatoko, to play while still ineligible - admitted violation of SADR and asked to be heard as to sanction... – minimum period of ineligibility two years under SADR 10.3.4 – Tribunal decided reduction to 12 months – timely admission – further 3 months credited for period already served for provisional suspension – NP ineligible to participate in any sport until 30 November 2018
Anti-doping case · Rugby League · 15 March 2018
Drug Free Sport New Zealand v Karl Murray
02/17 · Decision 14 March 2018
Issue of Tribunal's jurisdiction raised - Mr Murray not licenced at time of event when tested positive - SADR not applicable - Tribunal no jurisdiction - further material filed by parties - Tribunal satisfied Mr Murray was a member of Cycling NZ and subject to SADR at relevant event
Anti-doping case · Cycling · 14 March 2018
Jason Christie v Cycling New Zealand
02/18 · Decision 2 March 2018
Appeal against non selection for 2018 Commonwealth Games cycling team – Jason Christie (JC) contended CNZ’s nomination criteria not properly implemented or followed – JC not afforded reasonable opportunity to satisfy the applicable criteria – no material on which nomination decision could reasonably... be based – JC’s results merited a place on team ahead of other cyclists – Tribunal acknowledged JC talented cyclist – concluded CNZ selectors followed fair process – appropriately experienced to select team – no basis to consider CNZ decision irrational – appeal dismissed
Non anti-doping case · Cycling · 5 March 2018
Drug Free Sport New Zealand v Siliga Kepaoa
ST 10/17 · Decision 16 January 2018
Anti-doping – Auckland based club rugby league player (SK) tested positive for prohibited substance higenamine in two samples taken from him – once after training session in September 2017 and once after National Premiership final – provisionally suspended without opposition – admitted violation... of Sports Anti-Doping Rules (SADR) 2017 rule 2.1 and asked to be heard as to sanction – positive test as result of using fat burning supplement Oxyshred – unintentional use of a specified substance – standard period of ineligibility two years – prior to hearing joint memorandum filed by DFSNZ and counsel for SK agreeing lack of intention and no significant fault by a relatively low margin – degree of fault at high end reflected in relatively limited deduction of mandatory suspension – suggested sanction 18 months backdated to 19 September 2017– date of first violation – Tribunal accepted the proposed sanction – also commended counsel for speedy resolution without hearing in cases where facts and issues arising were agreed
Anti-doping case · Rugby League · 16 January 2018
Drug Free Sport New Zealand v Christopher Ware
ST 09/17 · Decision 22 December 2017
Anti-doping – UK based club cricket player (CW) admitted violations of Sports Anti-Doping Rules (SADR) 2014 rule 3.2 and 2015 rule 2.2 – Medsafe investigation into NZ Clenbuterol including online purchase of prohibited products by CW in 2014 and 2015 – attempted use prohibited substance – provisionally... suspended without opposition – admitted violation of SADR and asked to be heard as to sanction – sanction for multiple violations based on violation with most severe sanction – 2015 SADR 10.2.1 – four year period of ineligibility if intentional – no evidential basis to conclude CW knew or turned mind to breach of SADR– period of ineligibility reduced to two years under 2015 SADR Rule 10.2.2 – CW did not seek to establish no significant fault or negligence in seeking a reduction of the two year period – 2015 SADR 10.11.1 and 10.11.2 – commencement back dated to 1 January 2017 given delays not attributable to CW and timely admission and co-operation – Tribunal noted with concern DFSNZ’s stated intention not to bring all relevant facts before it – as DFSNZ likely to appeal to CAS over recent decisions on Medsafe cases – Tribunal instructed DFSNZ to bring full submissions in this case - urged NSOs to extend drug education to all levels of competitive sport
Anti-doping case · Cricket · 22 December 2017

