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New Zealand Federation of Body Builders v Barbora Jurcanova


Anti-doping – clenbuterol – when visiting family overseas defendant took medicines belonging to mother, including spiropent, to relieve flu symptoms – did not know spiropent was trade name for clenbuterol – brought spiropent tablets back to NZ and continued to use them which she claimed caused her positive test – whether no significant fault or negligence – athlete argued as a novice she had not received same anti-doping instruction as an elite body builder – Tribunal held no difference in “no significant fault” test between novice and experienced athletes although the circumstances of a novice may at times allow an athlete to establish exceptional circumstances – Tribunal expressed sympathy for athlete – however she aware of need to avoid prohibited drugs but took medication without checking whether it was prohibited substance – her inaction amounted to significant fault – 2 years’ ineligibility imposed – suspension backdated.

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