By Leighton Keith of
Vaibhav Sharma, who played social grade cricket, claimed someone was trying to destroy his career after NZ Customs intercepted a package containing steroids addressed to him. Photo: 123RF
A club cricketer playing social grade claimed somebody was trying to destroy his career after Customs intercepted a package containing anabolic steroids addressed to him.
Vaibhav Sharma, who was a member of the Ellerslie Cricket Club, appeared before the Sports Tribunal of New Zealand last week for breaching rules relating to possessing and using or attempting to use prohibited substances.
Sharma denied the allegations brought by Drug Free Sport New Zealand (DFSNZ) and alleged somebody was trying to sabotage his career.
New Zealand Customs seized the package, which had been sent from India and had Sharma's name, address, and phone number on it, on 22 October last year.
It contained an assortment of anabolic steroids, including testosterone cypionate, in vials and tablet form, with an estimated value of $3853.
Sharma owned the property the shipment was destined for and had lived at the address from August 2021 to January 2023.
The tribunal's decision, released on Wednesday, said purchasing a prohibited substance constituted possession, even if the product never arrived.
DFSNZ relied on Sharma's name, address and phone number on the package as evidence he had possession of the prohibited substances and was attempting to use them.
"DFSNZ says that Sharma was the intended recipient of the package, it is highly likely he purchased them and arranged for them to be sent to him and there is no material evidence to suggest to the contrary."
Sharma, who said he didn't have any contacts in India, accepted his details were on the parcel but claimed he knew nothing about it.
"Sharma says that he did not place an order for the substances and that he did not make a purchase."
He had been quizzed about specific bank account transactions, which he argued were monthly contributions to a lottery pool.
The front doorstep of his house is visible from the street, Sharma said and that was where parcels were left.
Sharma alleged two former flatmates knew his personal details and they were also publically available on Facebook until early 2022.
Associates of his flatmates attended parties at his house and Sharma said he could only assume someone else had used his personal details to order the substances.
A friend of Sharma's, identified only as Ranijiwalla, provided the tribunal an affidavit stating to his knowledge Sharma had never been engaged in doping activity.
Ranijiwalla also claimed he heard two "big and bulky" men discussing their use of steroids at a party at Sharma's house.
Defence counsel Chris Patterson argued it would be an unjustified leap to conclude that just because Sharma's details were on the package he had purchased the substances.
Patterson submitted it was possible a malicious actor could easily have obtained the information, created a purchasing account without having to prove their identity and had the package sent to Sharma to derail his cricketing career.
It was also suggested by Patterson an importer could have had the package sent to the address and planned to intercept it before Sharma took delivery.
He also used a precedent set by another case, where a package addressed to the athlete was intercepted by Customs, but the breach was dismissed on the basis the athlete did not have actual physical possession or constructive possession.
DFSNZ argued the rules had been updated since the case so the purchase of prohibited substances constituted possession.
The tribunal accepted the rule change and the purchase constitutes possession.
It rejected the evidence from Ranijiwalla and Sharma about associates at a party talking about steroids as mere speculation with no probative value.
The tribunal concluded it was implausible an unknown person ordered the substances and intended to intercept them before Sharma took delivery.
It was noted Sharma was a recreational athlete playing club cricket at a social level and the tribunal found it extremely difficult to accept anybody would spend around $4000 to destroy that.
"There was no suggestion that he had some burgeoning cricketing career or one that was headed towards higher honours, be it playing in premier grade or some representative team."
Having found the breaches proven, the tribunal imposed a four-year ban on Sharma from playing cricket backdated to start on 28 April, 2023.
* This story originally appeared on the New Zealand Herald's website.
