Rugby player Kalib Hamiora Whakataka has been sanctioned with a two year ban by the New Zealand Rugby Union (NZRU) Judicial Committee, after admitting being one of approximately 100 athletes that ordered prohibited substances through the ‘Clenbuterol NZ’ internet site. In the 2 April decision (PDF below), Whakataka, 30, admitted that he ordered and used clenbuterol in February 2015. However, he argued that he thought he was not subject to anti-doping rules, as he had not played during the 2015 and 2016 seasons and presumed he was not registered with the NZRU. He argued that he took clenbuterol for two weeks for weight loss reasons, and not to enhance sporting performance.

The Judicial Committee did not accept Whakataka’s argument that he was not subject to New Zealand’s Sports Anti-Doping Rules (SADR) because he was not an active senior player as defined in NZRU’s Regulations. Whakataka argued that as he had not played four or more games during the 2015 season, he did not fall under the NZRU’s jurisdiction. However, the Judicial Committee found that as he had signed a registration form with the NZRU in February 2015, he did fall under the NZRU’s jurisdiction and was subject to the SADR, irrespective of whether he was defined as an ‘active participant’ as a ‘senior player’ by taking part in four or more games during a registration year.

However, as Whakataka thought he was not subject subject to NZRU’s jurisdiction and therefore the SADR, the Judicial Committee accepted that in the circumstances, he did not know that taking clenbuterol would constitute an anti-doping rule violation (ADRV). It therefore reduced his period of ineligibility from four to two years, and backdated his suspension by four months in consideration of delays not attributable to him. His two year
suspension will apply from 17 July 2017.

Drug Free Sport New Zealand (DFSNZ) began sanctioning athletes in December last year, after Josh Townshend – the owner of the Clenbuterol NZ website – was jailed for two years after admitting to 129 breaches of New Zealand’s Medicines Act 1981, including possession, advertising and sale of anabolic steroids, clenbuterol, and related medicines. DFSNZ has published 11 sanctions relating to athletes implicated in orders from the Clenbuterol NZ website (see table on right), seven of which involve rugby union players.