A Court of Arbitration for Sport (CAS) appeal by the Sport Integrity Commission Te Kahu Raunui (the Commission) has confirmed the importance of applying the Sports Anti-Doping Rules (the Rules) as intended.  

On 3 July 2024, the Sports Tribunal of New Zealand banned Fijian football international Inoke Turagalailai from all sport for 8 months after a positive test for cannabis. Mr Turagalailai admitted to using the substance on the day of competition.

The Sports Tribunal applied a reduced sanction on the grounds of proportionality, an approach that the Commission contended was not available under the Sports Anti-Doping Rules.

To maintain consistency in the way the Rules are applied, the Commission appealed the decision to CAS. The appeal was upheld.

As a result, Mr Turagalailai received a 2-year ban from all sport commencing on 14 December 2023 and backdated for significant delay not attributable to the athlete.  The Commission agreed to bear the costs of the arbitration.

Commission Chief Executive Rebecca Rolls says that consistency in the application of the Rules is paramount for a fair and trusted anti-doping programme.

“This appeal was not about the athlete or the substance, and more about seeking consistency and certainty in the application of the Rules, which already factor in proportionality, when applying the appropriate sanction.

“If the original decision were to stand, it could set a precedent that would lead to unpredictable outcomes for athletes facing sanctions.”

Read the Court of Arbitration in Sport decision