ST 2024_01 DFSNZ vs Inoke Taragalailai

In March 2024 Drug Free Sport New Zealand (DFSNZ) reported an anti-doping rule violation against the football player Inoke Taragalailai after his samples tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the Sports Tribunal of New Zealand.

The Athlete admitted the violation and denied the intentional use of the substance. He requested for a proportional sanction and argued that there had been substantial delays in the proceedings.

DFSNZ accepted that the Athlete's use of Cannabis was not intentional, yet denied that there had been substantial delays. It deemed that the violation was in-competition and that there are no grounds for a proportional reduced sanction.

The Panel considered whether thare are grounds for a proportional reduced sanction and whether there had been substantial delays in the testing of the sample not attributed to the Panel. Because there was a Panel majority opinion there was also a dissenting decision rendered.

The Panel assessed and addressed the Parties arguments and a majority concludes that there are grounds for a proportional reduced sanction despite the violation was in-competition. In view of the circumstances the Panel majority agrees that there had been substantial delays not attributed to the Athlete.

Therefore the majority of the Panel decides on 3 July 2024 to impose an 8 month period of ineligibility on the Athlete, starting backdated on 14 December 2023.

Original document

Parameters

Legal Source
National Decisions
Date
3 July 2024
Arbitrator
Aitken, Ruth
Macdonald, John
Smith, Warwick
Original Source
Sports Tribunal of New Zealand
Country
New Zealand
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Admission
Commencement of ineligibility period
Dissenting opinion
Majority opinion
No intention to enhance performance
Period of ineligibility
Principle of proportionality
Substantial delay / lapsed time limit
Sport/IFs
Football (FIFA) - International Football Federation
Other organisations
Drug Free Sport New Zealand (DFSNZ)
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Document type
Pdf file
Date generated
18 July 2024
Date of last modification
23 July 2024
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