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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 admit violation until her B sample was analysed and she had obtained packaging of samples – while she was entitled to take those steps, Tribunal considered an athlete who has knowingly taken EPO does not “promptly” admit the violation by requesting that her B sample be analysed – comments on confidentiality and privacy obligations in Sports Anti-Doping Rules which prevent Tribunal and parties to anti-doping proceedings publicly disclosing information before Tribunal has made and publicly issued a final decision – mandatory sanction of 2 years ineligibility imposed (commencing from date of provisional suspension 29 May 2009)

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