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Drug Free Sport New Zealand v Kavossy Franklin


Anti-doping – cannabis – basketball player testing positive at NBL game – athlete admitted violation but failed to participate in hearing – as cannabis is a specified substance an athlete can qualify or lesser penalty than 2 years’ suspension but has to: establish how the cannabis got in their system; establish that it was not taken with the intention of enhancing their sports performance; and produce corroborating evidence in addition to his or her own word – Registrar of Tribunal communicated requirements to athlete on several occasions and athlete aware of requirements and consequences of not complying – however, Tribunal aware from discussions between athlete and Registrar that athlete felt unable, for personal reasons, to provide evidence of corroborating witness – Tribunal recognised that providing corroborating evidence may be difficult in some circumstances but was specifically required under Sports Anti-Doping Rules to qualify for lesser penalty – Tribunal had no choice but to suspend athlete for 2 years – athlete now in USA and Tribunal noted suspension applied worldwide – Tribunal suspended athlete from 23 June 2010 (provisional suspension date) to 23 June 2012.

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