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2008 | 2006 |2005 | 2004 | 2003 | Results in anti-doping cases
2007
Download written decisions and media releases for cases decided by the Sports Tribunal of New Zealand in 2007.
- New Zealand Rugby League Inc v Timoti Broughton (ST 14/07) - Decision 20 December 2007
Overview: Anti-doping - cannabis - recreational use at party - admitted violation - had signed participation agreement acknowledging he was aware of NSO's anti-doping policy - however, there were mitigating circumstances justifying penalty at lower end of range - had been provisionally suspended and missed a number of matches - match in which he was drug tested was first Bartercard cup game (only a few days after signed participation agreement) and had not received the usual pre-season education on NSO's anti-doping policy that other more experienced players had received - one month's ineligibility imposed which was to commence from date of decision.
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- Basketball New Zealand Inc v Kareem Johnson (ST 16/07) - Decision 6 December 2007.
Overview: Anti-doping - cannabis - recreational use - admitted violation - outdated BBNZ anti-doping code applied at time of violation - Tribunal applied same interpretation to code as in BBNZ v Bush (ST 15/07, 10 October 2007) - fact that was a professional athlete did not of itself influence Tribunal - however ban would have potentially harsh consequences for player as basketball season was short and may affect whether player offered future contract - aggravating circumstances of player being experienced competitor who well aware that cannabis was prohibited - player offered to help other athletes under a drug education programme - while ban was appropriate, Tribunal would suspend ban on condition player participated in suitable drug education programme - player banned from competing in BBNZ events between 15 February 2008 and 21 March 2008 but ban was to be suspended if player satisfied certain conditions relating to participating in drug education programme.
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- Drug Free Sport New Zealand v Joseph Flint (ST 18/07) - Decision 20 November 2007
Overview: Anti-doping - cannabis - recreational use - admitted violation - aggravating factors included used cannabis when drinking 2 days before match and aware that cannabis banned (had signed participation agreement acknowledging aware of NSO's anti-doping policy) - mitigating factors were young age (18) and that as a result of positive test had missed out being considered for selection for NZ and NZ Maori under 18 teams - rugby league season finished and not starting again until 1 March 2008 - suspension of approximately one month appropriate penalty - in order for penalty to be effective, period of ineligibility will run from date of decision until 28 March 2008.
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- Drug Free Sport New Zealand v Jason Morehu (ST 17/07) - Decision 13 November 2007
Overview: Anti-doping - cannabis - recreational use - admitted violation - suspension of one month appropriate penalty in circumstances of case - rugby league season ended and does not start again until 1 March 2008 - in order for penalty to be effective, period of ineligibility will run from date of decision until 31 March 2008.
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- Glen Williams v Triathlon New Zealand Inc (ST 06/07) - Order of Tribunal 9 November 2007
Overview: Appeal against decision of NSO - jurisdiction - appellant complaining about a decision affecting him that was made by an overseas organsation (WTC) - appellant asked Triathlon New Zealand (Tri NZ) to censure WTC and use their influence to get the decision of WTC changed - when Tri NZ refused to do so, he brought an appeal against Tri NZ - after Tribunal questioned jurisdictional basis for such an appeal, appellant subsequently accepted there did not appear to be such an appeal right under constitution of Tri NZ - order striking out appeal proceedings made.
view Order of Tribunal striking out appeal (9 November 2007)
view
Memorandum to Parties concerning jurisdiction (18 October 2007)
- Basketball New Zealand Inc v Clifton Bush Junior (ST 15/07) - Decision 10 October 2007.
Overview: Anti-doping - cannabis - recreational use - admitted violation - cannabis used by athlete when feeling depressed on anniversary of father's death - outdated BBNZ anti-doping code applied at time of violation - on one interpretation of BBNZ code, defendant liable for 2 years' mandatory suspension - Tribunal gave BBNZ code a purposive interpretation - Tribunal found that cannabis fell into the "related substances" category in BBNZ code that had essentially the same purpose as the "specified substances" category under the WADA Code - lesser sanctions than 2 years' ineligibility were available for a "related substance" - retirement - defendant stated he has retired - notwithstanding this, it was appropriate to impose a suspension - sanction of suspension gives notice to athletes of Tribunal's position in these matters - 2 months' ineligibility imposed.
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- New Zealand Federation of Body Builders Inc v Ann Holt (ST 08/07) - Decision 28 September 2007.
Overview: Anti-doping - Benzylpiperazine (BZP) - defendant admitted violation - stated positive result due to her using a product purchased from health food store to help elevate her mood, energy and well-being - product stated on label that it contained BZP - defendant stated she knew it contained BZP but did not realise that BZP was a prohibited substance - Tribunal noted earlier BZP case of NZFBB v Ligaliga (SDT 11/05, 16 December 2005) - strict duty on athletes not to take prohibited substances and only in exceptional circumstances will an athlete be able to show no significant fault or negligence - use of product in which BZP was labeled as an ingredient represented a degree of carelessness - defendant unable to rely on no significant fault or negligence exception - 2 years' ineligibility imposed (backdated to date last competed).
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- New Zealand Federation of Body Builders Inc v Niko Toluono
(ST 10/07) - Decision 20 September 2007.
Overview: Anti-doping - failure to provide a urine sample - defendant refused to provide sample in competition - despite being given opportunity to participate in the hearing, defendant failed to do so and provided no information - 2 years' ineligibility imposed (to commence from date of Tribunal decision).
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- New Zealand Rugby League Inc v Jacob Croot (ST 13/07) - Decision 14 September 2007.
The Tribunal heard this case under urgency, with the consent of the parties.
The Tribunal issued its decision shortly after the hearing. Reasons for the decision were released on 25 September 2007.
Overview: Anti-doping - cannabis - recreational use - mitigating circumstances included young age of defendant (16) and that, despite signing participation agreement stating he was aware of the anti-doping policy, he apparently had not been provided with all the relevant anti-doping information including the policy - however there were aggravating circumstances justifying suspension - defendant originally claimed positive drug test result solely due to him 2 weeks earlier ingesting cake which unknown to him contained cannabis - however defendant withdrew this claim when presented with evidence that test result indicated more recent cannabis use - a period of suspension was harsh for this player as he would be missing important matches which could impact on his selection for a national junior team - 31 days' ineligibility imposed on player.
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- New Zealand Rugby League Inc v Sonny Cavanagh (ST 11/07) and New Zealand Rugby League Inc v Joe Vaifale (ST 12/07) - Decision 8 September 2007.
The Tribunal heard both of these cases together, by consent of the parties, under urgency.
The Tribunal issued its decision shortly after the hearing. Reasons for the decision were released on 17 September 2007.
Overview: Anti-doping - cannabis - recreational use and use for pain relief - players stated unaware cannabis was on prohibited list - athletes are responsible for complying with anti-doping rules - provisionally suspended by NSO and had missed an important semi-final - players' team in final and cases heard under urgency - aggravating circumstances of players signing a participation agreement stating that aware of NSO's anti-doping policy - discussion of Tribunal's approach to sanctions for cannabis violations as set out in Minute of Tribunal of 15 December 2006 and discussion of some previous cases - six weeks' ineligibility imposed on each player.
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- Boxing New Zealand Inc v Mark Robertson (ST 07/07) - Decision 5 September 2007.
Overview: Anti-doping – failure to provide a urine sample - defendant refused to provide sample in out of competition test - admitted violation - defendant stated had not been boxing for over a year and thought he did not have to provide sample - registration expired - discussion of issue of retirement and recent cases re retirement and refusal to provide a sample - defendant "taking a break" from boxing and thought he may return at some stage - defendant never formally retired and still eligible for drug testing - defendant made no attempt to determine his obligations and could not show no significant fault - 2 years' ineligibility imposed.
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- New Zealand Federation of Body Builders Inc v Mike Pearson
(ST 09/07) - Decision 30 August 2007.
Overview: Anti-doping – failure to provide a urine sample - defendant refused to provide sample in competition - defendant admitted violation and advised Tribunal that did not want to participate further in the hearing - no further information provided to warrant imposing any penalty other than mandatory 2 year period of ineligibility set out in WADA Code - provisional suspension not imposed by NSO and defendant subsequently competed in another event - 2 years' ineligibility imposed (to commence from date of Tribunal decision).
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- Case ST 05/07 - Resolved by agreement in Mediation (19 June 2007)
The Tribunal provided
mediation assistance to the parties in case ST 05/07. As a result of the mediation, the parties resolved their differences by agreement and the appeal to the Tribunal was withdrawn. All details relating to this case are confidential.
- Peter Craven v Table Tennis New Zealand (ST 02/07) and Simon Wallace v Table Tennis New Zealand (ST 03/07).
The Tribunal heard both these appeals together in a hearing to determine whether it had jurisdiction. The Tribunal released one decision (25 May 2007) which covers both appeals.
Overview: Appeals against decisions of a national sports organisation - academic scholarships - jurisdiction - whether "sports related" - two athletes appealed against not being nominated by Table Tennis NZ (TTNZ) for Prime Minister’s Athlete Scholarships - Zhu decision (SDT 15/06) considered - Zhu decided on a different point - under Tribunal's Rules the jurisdiction of Tribunal to hear such appeals is limited to "sports related matters" - decisions by TTNZ not to nominate these athletes were part of a process related to awarding of grants to athletes for academic purposes - Tribunal held that the decisions in these particular cases were not sufficiently "sports related" to fall within Tribunal's jurisdiction - therefore Tribunal did not have jurisdiction to hear appeals - Tribunal noted that from 1 July 2007 it will be constituted under the Sports Anti-Doping Act 2006 and its jurisdiction to hear appeals will not necessarily be limited to sports related matters as at present.
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- Melony Wealleans v Basketball New Zealand (ST 01/07).
The Tribunal released two decisions in this case: a provisional decision on jurisdiction (12 March 2007) and a final decision on jurisdiction (27 March 2007). The decisions resolve different issues and both need to be read together.
Overview: Appeal against decision of national sporting organisation – natural justice, bias and ultra vires - national league basketball referee appealed against not being selected by Basketball NZ (BBNZ) for international referees’ clinic - Tribunal held it had jurisdiction to hear such appeals under constitution of BBNZ - appeal out of time - Tribunal prepared to exercise discretion to extend time limit to appeal provided appeal fell within specified appeal grounds such as breach of natural justice or ultra vires - Tribunal gave guidance on meanings of natural justice, bias and ultra vires - although appellant claimed bias and breach of natural justice, Tribunal held appellant really challenging non selection decision on its merits only and this did not fall within permissible appeal grounds - BBNZ not required to give reasons for such decisions - Tribunal declined to extend time period to appeal and appeal dismissed.
View provisional decision on jurisdiction
View final decision on jurisdiciton
View media release
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