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Drug Free Sport New Zealand v Anna Bramley


Anti-doping – runner tested positive to canrenone (metabolite of spironolactone) – admitted violation – violation due to taking spironolactone that she had been prescribed for medical condition – had been taking for years – took up running in 2008 – she told her current GP (who is also a sports doctor) that she was competing in running but never thought to specify at what level – doctor unaware she competing at national level – athlete submitted she had not turned her mind to whether her prescribed medication may possibly be banned and did not check this with doctor or otherwise check – Tribunal reviewed its decisions and those of overseas tribunals – “duty of utmost caution” on athletes to avoid taking prohibited substances, including prescribed medications, and to check substances they take – athletes cannot avoid personal responsibility by “leaving it” to a doctor – fact a substance is prescribed does not diminish athlete’s strict personal responsibility – fact sports doctor consulted may be relevant if discussion about legitimate use takes place but for athlete to initiate that – simply going to a sports doctor is not enough – athlete not a “drugs cheat” but fell short of addressing her responsibilities – whether Tribunal has any discretion not to publish name of athlete who commits an anti-doping violation – Tribunal required to publish name – 3 months’ ineligibility imposed (from date of provisional suspension).

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