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Drug Free Sport New Zealand v Daniel Milne


Anti-doping – attempted trafficking and possession of prohibited substances – first case of attempted trafficking in NZ – weightlifting coach (M) admitted violations – in 2012, M offered to supply steroids and other performance enhancing prohibited substances to 19 year old weightlifter (X) he was coaching so that X could improve his competitive weightlifting performance – M showed X these products, offered to source them for X and show X how to use them – X subsequently declined and told another coach – Drug Free Sport NZ carried out investigations and referred matter to Tribunal on 6 October 201 – minimum penalty for attempted trafficking is 4 years’ suspension maximum of life – aggravating factors here included: violations happened within athlete/coach relationship; X young man who should have received mentoring and not been encouraged to take prohibited substances; and not a one off spontaneous mistake but reflected M’s unacceptable attitude towards use of prohibited substances then – without considering any mitigating factors, a starting point of 7 to 8 years’ suspension would apply in these circumstances – however, there were mitigating factors – M eventually admitted violations and accepted responsibility meaning X and other witnesses didn’t have to give evidence at hearing – contrite and ashamed – made positive and constructive contributions to the sport over the years but regrettably a period occurred where he lost focus and sound judgement – M still relatively young man with some personal difficulties but still with clear potential – Tribunal satisfied Mr Milne’s frame of mind in which the offending occurred is now history but was a fundamental attack on integrity of sporting contests -Tribunal concluded 6 years’ suspension appropriate in circumstances – 6 year period to start from 1 January 2014 to take account of the delay in the matter being referred to the Tribunal.

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