Drug Free Sport New Zealand v Rodney Newman
Anti-doping – lifetime ban imposed on a power lifter (N), who had previously been suspended for an anti-doping violation in 2008, for committing 5 further anti-doping violations. Sports Tribunal proceedings adjourned until separate prosecutions by Ministry of Health against N in District Court completed – District Court found N imported and possessed various prescription medicines contrary to Medicines Act – some of these were prohibited substances banned in sport and formed basis of some allegations in Sports Tribunal hearing. Sports Tribunal found N committed the following 5 anti-doping violations: (1) Participating in sporting activity (by coaching at the Auckland Powerlifting Championships on 8 May 2010) in breach of 2 year suspension imposed by the Tribunal in November 2008 for previous anti-doping violation. (2) Failing to submit to sample collection without compelling justification on 18 May 2010 – N refused to provide a urine sample when requested by drug testing officials – N did not deny that he refused to provide a sample but suggested he may not have been required to do so because he had retired from power lifting – however at hearing he accepted that he remained subject to anti-doping rules until he gave written notice to the New Zealand Power Lifting Federation that he had retired and that he had not given any such notice. (3) On 1 October 2009, being in possession of various prohibited substances including clenbuterol, mesterolone, stanozolol, testosterone, oxymetholone, methandienone, oxandrolone, and prasterone. (4) At various times between 27 October 2006 and 1 October 2009, being in possession of various prohibited substances. (5) Using or attempting to use prohibited substances at various times between 27 October 2006 and 1 October 2009 – N admitted importing and possessing prohibited substances but denied using or attempting to use them – claimed imported substances either for the use of his GP or to be stored and used by N for attempt to achieve a personal best power lift assisted by steroids at some future date after he retired from power lifting and was not subject to anti-doping rules – however, Tribunal concluded that other evidence showed he had used or attempted to use prohibited substances during this time – this evidence included: e-mail correspondence (seized pursuant to a search warrant) between N and overseas suppliers of prohibited substances stating N had used prohibited substances for a number of years and had previously made multiple purchases and importations of steroids; purchasing products from a company that went to considerable lengths to disguise the products; large quantity of drugs seized at his property; and that some bottles containing prohibited substances indicated that some of their contents had been used. Aggravating circumstances existed under rule 14.7.4 of Sports Anti-Doping Rules (long time possession and use of large quantity of performance enhancing drugs while competing at national level, conduct showed disregard for illegalities involved and done in manner to deliberately conceal his conduct) – aggravating circumstances justified lifetime ban.