FINA Temporarily Suspends New Zealand Swimmer
May 23, 2000
FINA PRESS RELEASE
FINA received on January 13, 2000 a report from Australian Sport Drug Testing Laboratory (ASDTL) regarding a positive A-test for Nandrolone on a swimmer from New Zealand. The certificate of the analysis of the sample was issued on January 7, 2000. The Doping control had taken place out-of-competition in New Zealand, on November 22, 1999.
After having requested information about this doping infraction from Swimming New Zealand, FINA received a short history of the matter dated April 4, 2000. Therein, it could be seen that Trent Bray, as is his right under the New Zealand Drug Agency Act, had filed an appeal against the finding by the New Zealand Sport Drug Agency (NZSDA) of a doping infraction. The appeal was heard by a District Court Judge, who on two grounds out of twenty quashed the NZSDA determination, which left nothing to hear for the Swimming New Zealand Disciplinary Tribunal.
NZSDA has appealed this decision to the High Court of Appeal, which has not yet heard the case.
The FINA DCRB has reviewed the decision by the Judge and found that none of the two grounds on which the Judge quashed the determination had any effect on the final result of the analysis of the sample from Trent Bray.
The Executive has in determining whether or not to provisionally suspend Trent Bray considered the likelihood that he will be found to have violated FINA Doping Control Rules and the unfairness of allowing him to compete pending a final decision in the case.
Trent Bray shall, in accordance with FINA Rule DC 9.6, be provisionally suspended without a hearing from May 19, 2000, until a determination by a competent authority or the FINA Doping Panel has been issued.