NATIONAL DOPING CASE 
TRENT BRAY (NZL) 

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4)

Lausanne, March 22, 2002

The Court of Arbitration for Sport rules:

1.  The appeal is partially upheld

2.  The decision of the FINA Doping Panel of June 14, 2001 is modified as follows:

Mr. Trent Anthony Brent is suspended for a period of two years beginning on May 19, 2000.  All results obtained by the Appellant six months prior to May 19, 2000 are cancelled.

3.   The award is pronounced without costs, except for the Court Office fee of CHF 500 (five hundred Swiss Francs) paid by Mr. Bray which is kept by the CAS.

4.    Each party shall bear its own costs.

 


3)

July 16, 2001.  

DOPING CASE TRENT BRAY (NZL) 

Appeal to the CAS on July 16, 2001. 

 


 

2)

June 14, 2001

FINA DOPING PANEL DECISION 
on TRENT BRAY (NZL) DOPING CASE

The FINA Doping Panel decided on June 14, 2001 the following conclusion on 
Trent Bray Doping case

A suspension of four (4) years,

Shall be imposed on Mr. Trent Bray, the suspension to start with 19th May 2000, the day when the provisional suspension, decided by the FINA Executive was effective.

"Suspension" shall mean that the swimmer shall not participate in any activities of FINA or any of its Member Federations, in any discipline, including acting as competitor, delegate, coach, leader, physician or other representative of FINA or a Member Federation (FINA Rule DC 9.11).  Also according to FINA Rule DC 9.1.1 a retroactive sanction involving the

cancellation of all results achieved by the swimmer during
 the period prior to the date the suspension
 takes effect and
extending back to six (6) months before 22 November 1999

is imposed

 


1)

 

 

 

January 13, 2000

DOPING CASE TRENT BRAY (NZL)

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 unannounced 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.

Decision

 

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. 

 

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