Tuipulotu may pursue compensation package
All Blacks and Blues lock Patrick Tuipulotu could seek compensation if results of his initial drugs test were botched by a Salt Lake City-based laboratory.
Four days after Fairfax NZ broke news that Tuipulotu failed a test for a specified substance last November while touring with the All Blacks, results of the 24-yearold’s second B sample came back negative. That cleared Tuipulotu, who faced a potential two-year ban, to return to training immediately with the Blues, but left several unanswered questions about the discrepancy in his two samples, which were tested nine weeks apart.
Following results of his first positive test result on November 16, Tuipulotu was provisionally suspended. The nine weeks between A and B sample findings has been put down to every avenue being explored, including private testing, a lie detector examination, and the need for someone representing Tuipulotu to be present at the lab as B sample testing was conducted.
While Tuipulotu’s case is incredibly rare, described by Drug Free Sport NZ boss Graeme Steel as a ‘‘one in 10,000’’ occurrence, similarities can be found with Sri Lankan cricketer Kusal Perera.
In October, 2015, Perera failed a test for performance enhancing 19-Norandrostenedione and was subsequently suspended from the tour of New Zealand, a bilateral Twenty20 series against India, the Asia Cup and the World T20.
Four months later, Perera’s ban was lifted by the International Cricket Council after a Qatar-based testing facility was found to have ‘‘misidentified impurities in the samples’’.
The World Anti-Doping Agency (Wada) suspended the Qatar lab’s accreditation, and it is understood Perera lodged a compensation claim with Wada for losses incurred.
In Tuipulotu’s case, Wada has confirmed it will launch its own inquiry into the Sports Medicine Research and Testing Laboratory in Salt Lake City.
The issue is particularly important with 100 percent faith needed in Wada systems given the controversy surrounding state-sponsored doping in Russia.
If the lab is found to be culpable in Tuipulotu’s first positive test, he may seek compensation on the basis of being wrongly suspended, precluded from training with the Blues, damage to his reputation, money lost on lawyers and earnings from the final All Blacks test of the year in Paris which he missed after being sent home for what were described at the time as personal reasons.
Once the Wada-led lab investigation is complete, Tuipulotu will be guided by his lawyers, agent and the Players’ Association about whether to pursue the matter or leave it due to further costs and potential anxiety.
Asked directly about a potential claim when he fronted media on Friday, Tuipulotu did not dismiss the notion, and refused to disclose what substance showed up in the first breach.
NZ Players’ Association boss Rob Nichol confirmed compensation may be explored.
‘‘We’ve been informed through Six Nations that the lab is investigating the discrepancy, and we understand through the media Wada are also looking into the matter,’’ Nichol said.
‘‘We’ve got to wait and hope that we get given some material feedback that we can consider. That could open up a number of avenues we may choose to pursue. We can’t forget there may be a great learning from this scenario that could benefit the whole antidoping movement.
‘‘There is also the question of whether Patrick has been unfairly disadvantaged. As we’ve learnt right from the start it’s best to wait and we ask the public just to be patient.
‘‘I certainly don’t imagine what comes back will be made public and I suspect we are going to have to push pretty hard to find out ourselves.
‘‘There has been previous examples where there have been discrepancies between A and B samples and subsequent investigations have resulted in labs closing down but the explanation as to why or what happened has never really been forthcoming.’’