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Drug Free Sport New Zealand v Michael Butson

Overview:

Anti-doping – Rugby league player (B) tested positive for prohibited substance higenamine in sample taken from him after a rugby league training session – provisionally suspended without opposition – admitted violation of Sports Anti-Doping Rules 2016 (SADR) Rule 2.1 and asked to be heard as to sanction – positive test due to contaminated pre-workout supplement “The One 2.0” – unintentional use of specified substance – standard period of ineligibility two years under SADR Rule 10.2.2 – accepted B could establish no significant fault or negligence in seeking a reduction of the two year period under SADR Rule 10.5.1.1 –Tribunal assessed appropriate sanction having regard to degree of fault – Tribunal decided appropriate period of ineligibility was nine months – medium level of fault – contaminated supplement, purchased from Melbourne retailer – prohibited substance not listed on product label – trust in supplements resulted from previous experience of having a nutritional and supplement regime in professional environment – B’s personal life at low ebb and may have contributed to failure to take proper precautions – suspension backdated to date of testing – timely admission

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