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Softball New Zealand v Aaron Neemia


Anti-doping – cannabis – elite athlete – level of knowledge and experience – defendant had been NZ and Samoan representative – defendant admitted violation – attended stag party where people smoking cannabis – claimed positive drug test result may have been due to passive inhalation or he may actually have smoked cannabis himself at party but too intoxicated to remember – Tribunal expressed concerns especially as defendant most likely used cannabis the night before a final and he had been high level softball player for 5 years – however Tribunal did not find aggravating circumstances to justify suspension – no participation agreement and no suggestion from Softball NZ that there were aggravating circumstances – unusual drug testing circumstances – defendant provided two samples: one of which was negative and the other one positive – warning and reprimand imposed.

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