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Drug Free Sport New Zealand v Woodes Rogers


Anti-doping – powerlifter tested positive to numerous prohibited substances: T/E ratio > 4:1; Oxymesterone; Metabolites of Methandienone; Metabolites of Methyltestosterone; Metabolites of Oxymetholone; 19-norandrosterone – failed to participate in proceedings – extent of offending amounted to aggravating circumstances under Anti-Doping rules – question whether aggressive and insulting language/attitude in correspondence could be ”aggravating circumstances” left open – Tribunal able to impose suspension of up to 4 years due to aggravating circumstances – however, accepted that athlete’s correspondence amounted to prompt and frank admission – under WADA Code, such an admission expressly prevents increased penalty due to aggravating circumstances being applied but this provision does not expressly appear in Sports Anti-Doping Rules – despite these differences between WADA Code and Anti-Doping Rules, given the admission, Drug Free Sport accepted it was not appropriate to seek higher penalty than 2 years’ suspension – 2 years’ ineligibility imposed (commencing from date of provisional suspension).

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