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Drug Free Sport New Zealand v Andrew Ciancio


Anti-doping – tampering and evading sample collection – providing false and misleading whereabouts information and changing whereabouts information with intention of evading sample collection – Drug Free Sport New Zealand (DFS) brought anti-doping proceedings against C in 2014 – C provisionally suspended by Tribunal in June 2014 – NZ proceedings adjourned while other unrelated anti-doping proceedings against C being heard and decided by the Court of Arbitration for Sport (CAS) in Australia – in April 2015, CAS suspended C for 7 years commencing from 24 November 2012 – NZ proceedings recommenced – Tribunal heard matter on 22 June 2015 and issued decision on 24 June – Tribunal found C committed the 6 anti-doping violations alleged against him – involved evading sample collection or tampering with sample collection contrary to the Sports Anti-Doping Rules – C did so by giving false and misleading information as to his whereabouts for availability for drug testing and changing his whereabouts for availability for drug testing with the intention of evading sample collection – these breaches took place on various dates between July and October 2013 – NZ violations occurred significantly after the Australian violations – NZ violations counted as a second anti-doping violation – which Sports Anti-Doping Rules applied – lex mitior – C could have been liable for a lifetime ban if the Tribunal applied the 2013 Anti-Doping Rules – however, the Tribunal decided it was appropriate to apply the current 2015 Anti-Doping Rules, which DFS accepted would be the orthodox position, which provided for a suspension of 8 years for a second violation of this kind – Costs – DFS sought costs but Tribunal declined to award costs – Tribunal suspended C for 8 years commencing from 4 June 2014 (date provisionally suspended)

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