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Drug Free Sport New Zealand v William Morunga
Application for reconsideration of periods of ineligibility under SADR 19.3- no dispute over outcome applied for – DFSNZ submit for re-sanction – matter decided on the papers – doctrine of Lex Mitior considered – examination of whether it is open and appropriate for the Tribunal to grant the application – examination of rules 10.2.4.1, 10.9.2…
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Drug Free Sport New Zealand v Quentin Gardiner
Overview: Anti-doping – touch player (G) tested positive for prohibited substance methylhexaneamine (aka 1, 3 dimethylpentylamine) in sample taken from him after competing in the Touch Nationals final – admitted violation and said positive test due to him taking one or both of two supplements – he listed both products on his doping control testing form…
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Drug Free Sport New Zealand v Wiremu Takerei
Overview: Anti-doping – touch player tested positive for the prohibited substance 1, 3-dimethylpentylamine, also known as methylhexaneamine, after playing in final at national tournament – drank supplement offered to him by team-mate to help him keep awake several hours before final – unknown to him supplement contained methylhexaneamine – didn’t check ingredients and assumed it was…
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Drug Free Sport New Zealand v Bruce Kake
Overview: Anti-doping – cannabis – athlete tested positive after final of national Touch competition – admitted violation – left tournament to be with family when found out grandmother passed away – smoked cannabis that night for comfort purposes – although not intending to return to tournament, returned next day – Tribunal accepted cannabis not taken for…
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Drug Free Sport New Zealand v George Playle
Overview: Anti-doping – cannabis – athlete admitted violation – recreational use at party – Tribunal accepted corroborated evidence that cannabis use not intended to enhance sports performance – mitigating factors – athlete not originally selected for team and called up on short notice – athlete gave evidence that at time used cannabis he did not anticipate…
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Drug Free Sport New Zealand v Ted Hunia
Overview: Anti-doping – cannabis – Touch player tests positive to cannabis at national tournament – violation admitted at hearing – player stating that cannabis used to relieve back pain – Tribunal accepts use not for performance enhancing reasons – aggravating factors include: experience of player; knew cannabis was banned (players warned by coach and manager); signed…
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Touch New Zealand v William Morunga
Overview: Anti-doping – Touch player’s second violation with cannabis – mandatory 2 years’ ineligibility for second violation imposed – importance of athletes participating in proceedings – if defendant had not established substance not used for performance enhancing purposes he would have been banned for life for second violation – cross code effect of suspension – any…
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Touch New Zealand v Nui Bartlett
Overview: Anti-doping – cannabis – recreational use – intoxication – cross code effect of suspension – defendant was a NZ touch representative, NPC rugby player and potential NZ Sevens rugby player – tested positive for cannabis after playing in touch tournament – the night before tournament he was celebrating being part of rugby team that won…
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Touch New Zealand v Matiu Soloman
Overview: Anti-doping – cannabis – recreational use – stated used cannabis on one occasion prior to the tournament to relieve stress caused by family circumstances and study – expressed remorse – Mene / Koro principles applied – aggravating circumstance justifying suspension in that defendant signed participation agreement with Touch NZ essentially agreeing not to use banned…
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Touch New Zealand v Willie Morunga
Overview: Anti-doping – cannabis – recreational use – used cannabis at party two weeks before tournament – Mene / Koro principles applied – aggravating circumstances justifying suspension – defendant signed participation agreement with Touch NZ essentially agreeing not to use banned substances –defendant had also previously been in teams where anti-doping violations had occurred (including with…
