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Drug Free Sport New Zealand v Mahdi Namdari


Anti-doping – Wrestler tested positive for stanozolol in out-of-competition test – non-specified substance prohibited at all times – provisionally suspended by consent – “B” sample confirmed result of original test – admitted violation – MN sought preliminary determination on the interpretation of new Rule 10.8.1 – allows athlete facing a ban of four or more years to receive one-year reduction if admit violation and accept sanction within 20 days of notification of alleged violation – Interim Decision held despite drafting ambiguities Rules to be interpreted to work in practical way and conform with object or spirit intended – DFSNZ required to notify athlete of sanction for alleged violation to obtain one-year reduction by timely admission- MN elected to invoke application of r 10.8.1 – joint memorandum filed – breach admitted and subject to four year suspension – entitled to one-year reduction provided by r 10.8.1- Tribunal imposed three year sanction.

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