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Drug Free Sport New Zealand v Gareth Dawson


Anti-doping – basketball player (D) tested positive for prohibited substance higenamine in sample taken from him after NBL game on 27 May 2017 – provisionally suspended – admitted violation of Sports Anti-Doping Rules 2017 (SADR) Rule 2.1 and asked to be heard as to sanction – positive test due to use of supplement Oxyshred – unintentional use of specified substance – presumptive period of ineligibility two years – second anti-doping violation subject to “twice the period of ineligibility” – did not attend hearing scheduled – adjourned pending advice of rescheduled time and consequences – D cautioned subject to substantial mandatory penalties – D declined to attend – D exercised no caution to ensure compliance with SADR – D experienced athlete with a previous suspension was aware of high standards and obligations under the Code – applicable period of ineligibility is four years – no factors to eliminate or reduce mandatory period – small allowance for prompt admission and credit for provisional suspension period – suspended for 4 years from 31 July 2017.

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