25th July 2019
The Sports Tribunal has suspended Paul Clout, a footballer, for a period of two years for returning a positive test result for Probenecid, a Specified Substance prohibited at all times.
Mr Clout was provisionally suspended without opposition on 5 February 2019. He asked for his "B" sample to be tested, and also made additional enquiries into whether the protein powder he had consumed had been contaminated. The results of the "B" sample confirmed those of the original sample, and Mr Clout’s enquiries into the protein powder ultimately confirmed that the protein powder had not been contaminated with Probenecid.
Mr Clout subsequently admitted the violation, and submitted a statement denying that he intentionally took Probenecid. Drug Free Sport New Zealand accepted that the violation was not intentional.
On 11 July 2019, the parties filed a joint memorandum proposing an appropriate sanction. The presumptive two year period of ineligibility applied in circumstances where it was a first violation and intention could not be established. The memorandum submitted that it was appropriate to backdate the period of ineligibility to the date of the test, based on Mr Clout’s timely admission of the violation.
Having considered all available material, the Tribunal imposed a two year sanction period backdated to commence from 2 December 2018, being the date that the test was conducted.