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Drug Free Sport New Zealand v Mendrado Catoto

Overview:

Anti-doping – powerlifter (C) tested positive for prohibited substance methylhexaneamine in sample taken from him in competition – provisionally suspended without opposition – admitted violation of Sports Anti-Doping Rules 2016 (SADR) Rule 2.1 and asked to be heard as to sanction – said positive test due to contaminated pre-workout supplement Dust v2 – unintentional use of specified substance – standard period of ineligibility two years under SADR Rule 10.2.2 – accepted C could establish no significant fault or negligence in seeking a reduction of the two year period under SADR Rule 10.5.1.1 –Tribunal assessed appropriate sanction having regard to degree of fault – Tribunal decided appropriate period of ineligibility was 12 months – medium level of fault – contaminated supplement, sought reassurance from New Zealand retailer that safe to use in competition – prohibited substance not listed on product label – no further enquiry made including coach or DFSNZ – perception of risk due to promotional material and product claims – tested previously without positive result while using another pre-workout supplement – cognisant of anti-doping regime although had not attended DFSNZ seminar – suspension backdated to date of testing – timely admission

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