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Drug Free Sport New Zealand v Liza Hunter-Galvan
Overview: Anti-doping – erythropoietin (EPO) – athlete admitted violation and that deliberately took EPO – Tribunal rejected her submission that suspension should be backdated to the date of sample collection as she had made a “prompt” admission of the violation – Tribunal did not find her admission to be prompt in circumstances – she did not…
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Brook Reeve v KartSport New Zealand
Overview: Appeal against decision of national sporting organisation (KartSport)- jurisdiction – Tribunal ruled it did not have jurisdiction to hear this appeal pursuant to KartSport’s rules – those rules require an appeal to Sports Tribunal to be preceded by a KartSport appeal board hearing and decision – appellant had intended to appeal to KartSport appeal board…
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Christopher Cox v KartSport New Zealand
Overview: Appeal against decision of national sporting organisation (KartSport) that junior kart driver breached rules during race by overtaking after a yellow flag was shown – field of play – Tribunal cannot question in these circumstances whether yellow flag should have been shown or not – however this did not dispose of issue of whether was…
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Drug Free Sport New Zealand v George Playle
Overview: Anti-doping – cannabis – athlete admitted violation – recreational use at party – Tribunal accepted corroborated evidence that cannabis use not intended to enhance sports performance – mitigating factors – athlete not originally selected for team and called up on short notice – athlete gave evidence that at time used cannabis he did not anticipate…
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Drug Free Sport New Zealand v Aaron Neemia
Overview: Anti-doping – cannabis – second violation (see Softball NZ v Aaron Neemia, SDT 08/06, decision 7 April 2006 for decision relating to first violation) – law changed this year due to changes in WADA Code and Sports Anti-Doping Rules – Tribunal now has discretion of imposing suspension of between 1 to 4 years (instead of…
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Drug Free Sport New Zealand v Steven Manson
Overview: Anti-doping – cannabis – recreational use at party – athlete admitted violation – Tribunal accepted corroborated evidence that cannabis use not intended to enhance sports performance – no mitigating factors – aggravating factors were that that he was an experienced athlete who knew he was taking prohibited substance and used it the night before tournament…
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Drug Free Sport New Zealand v Thomas Cameron
Overview: Anti-doping – cannabis – recreational use at party – athlete admitted violation – Tribunal accepted corroborated evidence that cannabis use not intended to enhance sports performance – no mitigating factors – had received appropriate drug education and knew taking prohibited substance – his knowledge was aggravating factor – 2 months’ suspension appropriate (commencing from 30…
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Drug Free Sport New Zealand v Tom (Zig Zag) Wallace
Overview: Anti-doping – probenecid – boxer tested positive for probenecid – admitted violation but gave evidence violation was inadvertent – doctor at accident and emergency clinic prescribed him probenecid to help treat cellulitis in knee – neither doctor nor athlete knew probenecid was prohibited substance – athlete informed doctor he was competitive boxer subject to drug…
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Noel Curr v Motorcycling New Zealand Inc (ST 09/08)
Overview: Costs – costs order sought by respondent after appeal struck out for being out of time – costs sought in accordance with High Court costs rules – Tribunal does not operate under those rules – not appropriate case to award costs – costs application dismissed.
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Drug Free Sport New Zealand v Dane Boswell
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…
