A New Zealand police officer and Masters endurance athlete imported erythropoietin (EPO) to improve his performance found the Independent Police Conduct Authority (IPCA), rejecting arguments that he had no intention to cheat at sport. As well as being contrary to a Police employment Tribunal ruling, the IPCA Decision is contrary to a joint memorandum Brendon Keenan signed with Drug Free Sport New Zealand (DFSNZ) accepting his sanction.

Keenan had already been sanctioned with a four year ban after admitting to DFSNZ that he had intentionally purchased EPO Epotin from DRS Labs on 7 September 2017. In a 10 May 2018 written statement, Keenan argued that he had bought the EPO not to improve his performance, but to address an auto-immune medical condition. But he accepted that he had bought EPO with the intention of using it, accepting a four year ban (PDF of the Decision & joint memorandum with DFSNZ below – click here if it doesn’t appear).

The Police employment Tribunal accepted Keenan’s explanation, despite the Sports Tribunal of New Zealand (STNZ) not needing to adjudicate on whether it accepted Keenan’s explanation, because he had accepted his sanction. The Police employment Tribunal also ruled that whilst use of his police email to order the substance was a breach of the Police’s Code of Conduct, use of the same email to communicate with Medsafe investigators and race organisers was not. The IPCA disagreed.

‘The Authority determined the officer attempted to import EPO with the intention of improving his blood oxygen levels, in the knowledge that this was a banned substance and would improve his performance as an endurance athlete’, read a statement. ‘The Authority also found that the officer breached policy when he used his Police email to communicate with Medsafe and with the race organiser’.

The EPO was seized at Customs and was referred to Medsafe, the New Zealand Medicines and Medical Devices Safety Authority, and destroyed. It is understood that although Keenan was moved to crime prevention, he kept his job with Rotorua Police following the employment Tribunal ruling. It is unclear whether a hearing into his case can be reopened. DFSNZ has not commented.