Overview:

Anti-doping – cannabis – principles set out in Karaitiana decision (SDT 12/06) applied – Canadian player in NZ for softball season – defendant admitted violation and provided letter stating cannabis use was recreational at Christmas celebration and not to enhance performance – moved back to Canada before hearing – player failed to participate in teleconference hearing – Tribunal ruled it could proceed to decide case – onus – standard of proof – if athlete can establish cannabis use not intended to enhance sports performance then eligible to receive a lesser penalty than otherwise mandatory two years’ ineligibility – an athlete’s failure to participate in hearing and absence of evidence under oath will make it difficult for athlete to satisfy their onus of establishing cannabis use not intended to enhance performance – however Tribunal here granted indulgence to defendant only by reason of concessions from Softball NZ that defendant did not intend to enhance performance and that there were no aggravating factors – warning and reprimand imposed.