The International Equestrian Federation has a "zero tolerance" policy on banned substances, no matter how minute the traces, writes Grania Willis, Equestrian Correspondent.
Cian O'Connor's statement yesterday that only "minute traces" of fluphenazine and zuclopenthixol" had been found in Waterford Crystal's B blood sample will not save his Olympic gold medal in the eyes of the International Equestrian Federation (FEI).
The two drugs, both of which are used to treat schizophrenia in humans, are on the FEI's list of banned substances and the use of them results in automatic disqualification.
Whether the drugs had been found in large quantities or minuscule amounts, the FEI has a zero tolerance policy on such substances and disqualification is a foregone conclusion. But the procedural irregularities that have surrounded this case certainly could save Cian O'Connor's medal if the case goes before the Court of Arbitration for Sport.
There is no doubt that, in the first instance, the judicial committee of the International Equestrian Federation will now strip Cian O'Connor of the gold medal, Ireland's sole medal at the Athens Olympics. Under FEI regulations, "any horse found to have a prohibited substance in any of its tissues, body fluids or excreta ... is automatically disqualified".
A fine and suspension are also likely to be imposed. Following on from the positive test on Cian O'Connor's other horse, ABC Landliebe, which was found to have fluphenazine and guanabenz in its system at a show in Rome last May, the Irish rider will now be considered guilty of a repeat violation, which is viewed as "a deliberate attempt of the Person Responsible (the rider) to affect the performance of the horse".
Such repeat violations entail automatic disqualification, suspension of the rider from three to 24 months, plus a fine of 1,000 to 15,000 Swiss francs (€655 and €9,800, respectively).
But Cian O'Connor and his legal team will be drawing up a defence based on a series of procedural irregularities. The theft of the B urine sample en route to the laboratory in Cambridgeshire meant that confirmatory analysis could not be conducted on the urine.
The B blood sample has confirmed the presence of the two drugs, but there are still doubts about whether the A blood was tested in Paris along with the A urine.
Dr Laurent Bigler, Cian O'Connor's witnessing analyst who was present at the sample testing in New York on Monday, is believed to have told Cian O'Connor's solicitor that the A blood was tested and that no prohibited substances were found.
"We are surprised that we haven't been given any information at all by the FEI in the relation to the A blood," Cian O'Connor's legal adviser, Mr Andrew Coonan, said last night. "If they haven't tested the A blood, then they [ the FEI] have got a problem, but if they have tested it, it is concerning that they haven't informed us."
It is probable that Cian O'Connor's defence will be that the case cannot proceed when it is not possible to compare like with like, even though there has now been a positive result and a confirmatory analysis. That may not work with the FEI judicial committee but that argument, combined with the apparent failure of the FEI to adhere to any set procedure, could see the case being thrown out by CAS.
Cian O'Connor has said from the outset that he would take the case to CAS. But he first has to face the FEI judicial committee and offer his explanation of how the drugs got into Waterford Crystal before any sanctions are decided and appealed.
"As we understand it, the FEI have to furnish us with the official results of the B analysis blood and, at that stage, it is for us to give an explanation to the Federation," Mr Coonan said last night.
"From that point of view, it's very much the Federation's move next. We can't take it any further than that at this particular stage. We're going to make our explanations to the FEI. Bearing in mind all the irregularities in the case so far, they may chose to accept Cian's submissions or not, but there's no point in trying to second guess it. Knowing the FEI, we'll have to sit back and wait."
Meanwhile, Cian O'Connor's team mates also have to await the final outcome in this controversy before taking any action.
Rumours that the riders were planning to refuse to ride on teams with Cian O'Connor were scotched this week. "That would be jumping the gun at this stage," one source said.