Two-year suspension for anti-doping violations
A Massey University Premier Club player has been banned from playing rugby for two years after he admitted using a prohibited substance.
A New Zealand Rugby Judicial Committee has ordered the suspension, after Adam Jowsey admitted two anti-doping violations, for use and possession of Clenbuterol, an anabolic agent which is prohibited at all times in sport under the WADA Prohibited List.
The charges were brought against Mr Jowsey by Drug Free Sport New Zealand (DFSNZ).
The Committee which was convened under the Sports Anti-Doping Regulations and chaired by Barry Paterson QC heard that Mr Jowsey had imported Clenbuterol online in January 2015.
Mr Jowsey gave evidence before the Committee. He said he did not realise at the time he ordered the drug, that Clenbuterol was a prohibited substance. Mr Jowsey explained that he had taken the Clenbuterol as part of a diet to help him lose weight and not to enhance his performance as a rugby player. In fact, the hearing heard how the front-rower’s significant weight loss had had a negative effect on his on-field performance, and as a result, he was dropped from his Massey University Premier team.
Mr Jowsey had ordered the Clenbuterol to help as a dietary measure after it was recommended by a friend. He had not looked beyond the Facebook page advertising the drug for slimming, and his subsequent email regarding price and delivery enquiries to NZ Clenbuterol over the internet.
After hearing Mr Jowsey’s evidence and considering the surrounding circumstances, the Committee accepted that at the time he ordered the Clenbuterol MrJowsey did not know that it was on the Prohibited List or know that there was a high probability that it was. As a result Mr Jowsey was able to establish that his conduct was not intentional as defined under the rules and that he could not be said to be cheating. This meant that the 4 year period of ineligibility which he faced was reduced to 2 years.
Mr Jowsey had, however, been careless in failing to make any further inquiries about clenbuterol before ordering and using it. This meant that he could not show that his fault was not significant under the rules. The period of 2 years ineligibility under the rules was applicable.
The Committee decided that MrJowsey was entitled to credit under the rules for his prompt admission of the violations and for delays in the case which he was not responsible for. Under the rules this is done by backdating the starting date of the period of ineligibility.
As a result the Committee suspended Mr Jowsey from participating in rugby and all competitive sports as provided by the rules for two years. The starting date of the period of ineligibility was backdated to 1 February 2016 to give Mr Jowsey credit for his prompt admission and for some delay in the case which he did not cause.
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