Demonising Justin Gatlin
13th September 2015
The Sports Tribunal of New Zealand has found cyclist Karl Murray committed an Anti-Doping Rule Violation (ADRV) after testing positive for clenbuterol, an anabolic agent. The finding came as a result of testing at the Tour of Northland on March 18, 2017 after which Mr Murray was selected for doping control.
Through his membership of Cycling New Zealand, Mr Murray is bound by the Sports Anti-Doping Rules, which reflect the World Anti-Doping Code. Analysis of Mr Murray’s ‘B’ (or second) sample confirmed the finding of the ‘A’ sample. It is not Mr Murray’s first ADRV and he now faces a significant ban from all sport. Mr Murray committed a first ADRV in New Caledonia back in 2014, following a positive test for nandrolone and testosterone. This led to a ban from all sport, recognised in New Zealand in 2015.
DFSNZ Chief Executive Nick Paterson says the punishment for committing multiple ADRVs is substantial and serves as a warning to all athletes and support personnel. “Our message is very clear. The use of prohibited substances in sport will not be tolerated,” Mr Paterson says. “Those who consciously choose to go against the spirit of sport are not only doing themselves a disservice, but undermining the efforts of other athletes – in this case his competitors in the Tour of Northland. We owe it to our clean athletes, the viewing public and society at large to catch these drug cheats.
“Mr Murray clearly did not learn the lessons from his first ADRV, and he now faces a significant ban from all sport. There is also the wider implication of using prohibited substances and that’s the potential damage to his long-term health,” he says.
The Tribunal adjourned imposing a sanction for this ADRV. Mr Murray remains subject to a provisional ban and is prohibited from partaking in sports or coaching athletes bound to the WADA Code. Read the decision from the Sports Tribunal of New Zealand here.
Clenbuterol is classified as an anabolic agent on the 2017 Prohibited List and is prohibited at all times (both in and out of competition). The use of clenbuterol is favoured by athletes who wish to be lean or lower body fat, without bulking up.
Mr Murray violated SADR 2.1: Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s sample, which further states: ‘Sufficient proof of an anti-doping rule violation under Rule 2.1 is established by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analysed; or, where the Athlete’s B Sample is analysed and the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample or where the Athlete’s B Sample is split into two bottles and the analysis of the second bottle confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first bottle.’
In April 2014, Mr Murray received a two year ban from the Anti-Doping Commission of New Caledonia (ADCNC) after testing positive for nandrolone and testosterone. The ADCNC is not a signatory to the World Anti-Doping Code and DFSNZ only became aware of this first violation in early 2015. The ban was later recognised by cycling’s International Federation – the Union Cycliste Internationale (UCI) – in April 2015, meaning the remainder of the ban (approximately one year), was enforceable in New Zealand under the Code.
The World Anti-Doping Code:
The ‘Code’ is the fundamental and universal document upon which the World Anti-Doping Programme in sport is based. Over six hundred sporting organisations are signatories to the Code (last updated in 2015) including National Anti-Doping Organisations, International Federation’s and Major Event Organisation’s. Code acceptance means that a sport organisation agrees to the principles of the Code and agrees to implement and comply with the Code.
The purpose of the Code and the World Anti-Doping Programme are:
• To protect the athletes’ fundamental right to participate in doping-free sport, whereby promoting health, fairness and equality for athletes worldwide
• To ensure harmonised, coordinated and effective anti-doping programmes at the national and international level with regards to detection, deterrence and prevention in doping.
Under the Sports Anti-Doping Rules, sanctions for multiple ADRVs are more severe. In this instance, twice the period of ineligibility that would otherwise apply (four years) has been imposed.
• This media release was originally published by Drug Free Sport New Zealand (DFSNZ) on 31 October 2017. To access the original, please click here.
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