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Drug Free Sport New Zealand v Rocky Masoe


Anti-doping – refusal or failure to provide a sample – after match, rugby league player requested by doping control officials to provide a urine sample for testing – although initially cooperating he failed to comply and left the doping control station – admitted violation – in explaining why he left doping control station before providing the sample, he referred to getting anxious and frustrated and feeling tired, cold and hungry after waiting for a while without being to provide sample – he then left the doping control area and went for a shower, despite officials warning him of the consequences of leaving before providing a sample – penalty for refusing or failing to provide a sample without compelling justification is a suspension of two years, unless there is no fault or negligence or no significant fault or negligence on the part of the athlete – not a case of “no significant fault or negligence” in the Tribunal’s view – facts in this case came nowhere near meeting that hurdle and a two year suspension must be imposed.

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