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Court of Arbitration for Sport – Sport Integrity Commission v Turagalailai (CAS 2024/A/10766)
Anti-doping case decisions, Appeal against decision of Sports Tribunal, Cannabis, Presence of prohibited substance in sample, Prohibited substances, Substances of abuse, Use / attempted use of prohibited substances/methodsAnti-doping – Appeal against decision of Sports Tribunal to Court of Arbitration for Sport (CAS) – substance of abuse – T admitted to use of cannabis in-competition – Tribunal majority concluded eight month sanction having regard to a proportionality argument and substantial delay (for backdating) – CAS allowed appeal against Tribunal decision – CAS found…
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Sport Integrity Commission v Mikayla Werahiko
Anti-doping case decisions, Cannabis, Presence of prohibited substance in sample, Prohibited substances, Substances of abuse, Use / attempted use of prohibited substances/methodsAnti-doping – softball – presence of and use of prohibited substance – substance of abuse – cannabis – out of competition – admitted rule violations – not performance enhancing – rule 10.4.2.1 applies – three month sanction – treatment programme completed – sanction reduced to one month – backdated to date of Provisional Suspension Order…
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Drug Free Sport New Zealand v Inoke Turagalailai
Anti-doping case decisions, Cannabis, Possession of prohibited substances/methods, Substances of abuse, Use / attempted use of prohibited substances/methodsAnti-doping – Fiji Football – presence of and use of prohibited substance – substance of abuse – cannabis – in competition – admitted rule violations – not performance enhancing – proportionality argument – substantial delay –majority reduce sanction to 8 months – backdate sanction – dissenting decision Appeal to Court of Arbitration for Sport: This…
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Drug Free Sport New Zealand v Sincere Harraway
Anti-doping case decisions, Cannabis, Presence of prohibited substance in sample, Use / attempted use of prohibited substances/methodsAnti-doping – rugby league player – tested positive for 11-nor-delta-9-tetrahydrocannabinol-9-caboxylic acid ( a metabolite of THC) – provisionally suspended – admitted violation and advised he intended to engage in a treatment programme – SADR 2021 recognises “substances of abuse” and provides substantial reduction in sanction if used out of competition, unrelated to sports performance and…
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Drug Free Sport New Zealand v John Elsmore
Overview: Anti-doping – a member of Surf Life Saving New Zealand tested positive for 11-nor-delta-9-tetrahydrocannabinol-9-caboxylic acid (a metabolite of THC) in an in-competition test – provisionally suspended without opposition – admitted violation – joint memorandum filed – sanction proposed by the parties based on athlete’s timely admission – Tribunal imposed a nine month period of ineligibility…
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Drug Free Sport New Zealand v Stacey Mikara
Overview: Anti-doping – Southland rugby league player (M) tested positive for a metabolite of cannabis in a concentration higher than that permitted under the Prohibited List in sample taken from him in competition – provisionally suspended without opposition – admitted violation of Sports Anti-Doping Rules 2016 (SADR) Rule 2.1 and asked to be heard as to…
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Drug Free Sport New Zealand v Travell Ngatoko
Overview: Anti-doping – Taranaki rugby league player (N) tested positive for a metabolite of cannabis in a concentration higher than that permitted under the Prohibited List in sample taken from him in competition – provisionally suspended without opposition – admitted violation of Sports Anti-Doping Rules 2016 (SADR) Rule 2.1 and asked to be heard as to…
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Drug Free Sport New Zealand v Jared Neho
Overview: Anti-doping – rugby league player tested positive for cannabis – admitted violation – gave evidence that he knew his obligation and he gave up smoking prior to the rugby league competition commencing – withdrew from team for family and work commitments – after he withdrew from the team he occasionally smoked cannabis again – however,…
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Drug Free Sport New Zealand v Scott Parsons
Overview: Anti-doping – powerlifter tested positive for cannabis – admitted violation – stated due to smoking a cigarette he was offered while celebrating at his birthday party – he was later informed by the person who gave it to him that it was laced with cannabis oil/hash – evidence was backed up by a witness –…
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Drug Free Sport New Zealand v Nick Rhind
Overview: Anti-doping – cannabis – athlete filed notice admitting violation, advising he did not want to participate in the hearing and acknowledging Tribunal may impose a penalty without holding a hearing – penalty for violation is 2 years’ suspension but if athlete can establish requirements set out under “specified substances” provisions of Rules (concerning establishing did…
