Drug Free Sport New Zealand v Christopher Ware
Overview:
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