Presence of prohibited substance in sample

  • Drug Free Sport New Zealand v Dane Boswell

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    Overview: Anti-doping – probenecid – rower tested positive for probenecid in November 2008 – athlete subsequently requested B sample also be tested and this was was also positive – proceedings brought to Tribunal in 2009 by Drug Free Sport upon second positive test result – admitted violation but gave evidence violation was inadvertent – doctor prescribed…

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  • Drug Free Sport New Zealand v Duane Wineti

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    Overview: Anti-doping – rugby league player tested positive for D-methamphetamine, D-amphetamine and cannabis after playing in premiership final – admitted using cannabis in social situation but unable to explain how methamphetamine and amphetamine came to be in his system and denied knowing use – athlete speculated positive test may have resulted from passive inhalation but gave…

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  • Drug Free Sport New Zealand v Rodney Newman

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    Overview: Anti-doping – boldenone and testosterone – athlete admitted violation and accepted 2 year suspension was mandatory penalty but submitted suspension should start from earlier date of positive test notification and not date of Tribunal hearing – no formal provisional suspension had been sought by athlete’s sport but athlete voluntarily not competed since notification of positive…

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  • Drug Free Sport New Zealand v Stacey Lambert

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    Overview: Anti-doping – cannabis – recreational use – NBL basketball player tests positive to cannabis after match – player agrees to stand down for last match of season and provisional suspension not imposed – violation admitted at hearing – NBL basketball season over until next year – retirement – player stated not intending to play in…

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  • Drug Free Sport New Zealand v Ted Hunia

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    Overview: Anti-doping – cannabis – Touch player tests positive to cannabis at national tournament – violation admitted at hearing – player stating that cannabis used to relieve back pain – Tribunal accepts use not for performance enhancing reasons – aggravating factors include: experience of player; knew cannabis was banned (players warned by coach and manager); signed…

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  • Drug Free Sport New Zealand v Steven Robinson

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    Overview: Anti-doping – cannabis – recreational use – basketball player tests positive to cannabis after match – Tribunal provisionally suspends player on application of NSO – violation admitted at hearing -aggravating factors include experience of player and used cannabis few days before match – remorse and impact of provisional suspension taken into account including adverse publicity-…

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  • Drug Free Sport New Zealand v Nat Connell

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    Overview: Anti-doping – cannabis – recreational use – basketball player tests positive to cannabis after match – Tribunal provisionally suspends player on application of NSO – violation admitted at hearing -aggravating factors include experience of player and used cannabis few days before match – remorse and impact of provisional suspension taken into account including adverse publicity-…

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  • Softball New Zealand Inc v Cindy Potae

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    Overview: Anti-doping – morphine – whether fault or negligence – taking non-prohibited substance that can metabolise into prohibited substance – comments on potential consequences when delay in filing application and player competing at any level – Tribunal accepted evidence that athlete had taken two codeine based Nurofen Plus tablets (commonly used and widely available pain relief…

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  • New Zealand Rugby League Inc v Timoti Broughton

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    Overview: Anti-doping – cannabis – recreational use at party – admitted violation – had signed participation agreement acknowledging he was aware of NSO’s anti-doping policy – however, there were mitigating circumstances justifying penalty at lower end of range – had been provisionally suspended and missed a number of matches – match in which he was drug…

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  • Basketball New Zealand Inc v Kareem Johnson

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    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…

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