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Drug Free Sport New Zealand v Jesse Ryder


Anti-doping – professional cricketer tested positive for 1-Phenylbutan-2-amine (PBA) and N, alpha-diethyl-benzeneethanamine (DEBEA) – admitted violation and stated he had been using a dietary supplement in order to lose weight and had taken two capsules five days before being tested – supplement didn’t list any prohibited substances on its label – after testing positive, athlete engaged a forensic analyst to test the product – her analysis confirmed the presence of prohibited substances in the product and the analytical findings were consistent with athlete’s evidence of when he took the capsules – Tribunal satisfied that the source positive test was supplement – Tribunal accepted the evidence that athlete took supplement in order to lose weight – Tribunal satisfied that his taking of the two capsules five days before the cricket game was without any intent at all to enhance his sports performance in the game – athlete took supplement on advice of a friend who had success losing weight using it – he made some enquiries on his own about the product, including internet searches and asking the strength and conditioning specialist he worked with about it, who also did some searches – athlete concluded it didn’t contain any prohibited substances and got his manager to order it – when he received the product he noticed it contained a warning on its label stating it may contain ingredients banned by certain organisations – he made internet searches on two of the ingredients but didn’t contact Drug Free Sport to check about the product even though the product contained a warning – as a professional cricketer he had been subject to anti-doping education and received information about the need to be cautious about taking supplements – the failure to contact Drug Free Sport, having seen the warning on the label, is the most substantial factor of fault on the part of athlete – case similar to earlier case of Brightwater-Wharf where 6 months suspension imposed – neither athlete intended to enhance their sports performance – both had international experience, both had received drug education, both took supplements which were not for the purpose of enhancing sports performance, both supplements did not list the banned ingredients and both made enquiries which were reasonable to make but which fell short of the expected standard of making an enquiry to Drug Free Sport – 6 months’ suspension imposed to apply from date of provisional suspension of 19 April 2013 – athlete suspended until 19 October 2013.

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