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Drug Free Sport New Zealand v Nigel Cordes


Anti-doping – powerlifter tested positive for the prohibited substance 1, 3 dimethylpentylamine, also known as methylhexaneamine, after competing at North Island Championships – admitted violation – stated due to taking a caffeine based supplement he had purchased from his local sports nutrition store on their recommendation – gave evidence didn’t know that it contained methylhexaneamine – didn’t check or make inquiries whether the supplement contained any prohibited substance – sipped on the supplement during the day of competition to help him stay focussed through a long day- listed on the drug testing form that had been taking that particular supplement – Whether intended to enhance sports performance – whether have to show use of product (containing prohibited substance) was not intended to enhance sports performance even if don’t know product contains prohibited substance – conflict in approach of international doping bodies noted – Tribunal considered it appropriate to continue to apply Oliveira approach until position clarified – Tribunal accepted on the evidence, particularly that he had disclosed use of the supplement on the drug testing form, that he wasn’t aware of the presence of methylhexaneamine in the supplement and had established he hadn’t taken a prohibited substance for the purpose of improving his performance – Tribunal took into account that he had only been registered as a competitive powerlifter for a few months and had no prior direct experience of Sport Anti-Doping Rules – however, Tribunal considered he did not exercise reasonable care and more at fault than other athletes in recent methylhexaneamine Tribunal cases who had received suspensions of 12 months – unlike those athletes, who had made some inquiries about the supplements or other extenuating circumstances existed he failed to take any effective steps to identify the ingredients of the product -18 months’ ineligibility imposed as well as disqualification of result at competition.

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