De Bruin no action likely till next week

After a long day in Barcelona yesterday there was a chink of light in the protracted business of Michelle de Bruin and the infamous…

After a long day in Barcelona yesterday there was a chink of light in the protracted business of Michelle de Bruin and the infamous urine sample supplied by her to testers on January 10th this year.

In the presence of her representatives, the B portion of the sample was opened and examined yesterday in the Municipal Laboratory of Medical Investigations in the Catalan capital.

Yesterday evening de Bruin's legal representative, Peter Lennon, released a brief statement with regard to the day's proceedings. There was an implicit admission that the B sample findings had confirmed the A sample findings in the instance of the charge of physical manipulation of the sample.

The laboratory statement with regard to the A sample, which was tested in January, suggested the administration of a testosterone precursor, although FINA made no reference to the substance in their initial statements on the matter. However de Bruin and her representatives brought the matter into the public arena and as of last night the parties appeared to be in a state of limbo with regard to that strand of the case.

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The statement released by Lennon suggested that on the basis of yesterday's statement de Bruin would not be charged with having used a banned substance, but a statement from Gunnar Werner, the general secretary of FINA, implied that tests would continue.

"The B sample has been opened and analysis has started, but no action will be taken until next week. There is one day left this week and I'm sure it will not be until next week," Werner said.

Werner confirmed that if the B sample differs from the A sample the case will be closed and no further action will be taken.

Depending on the contents of the report sent by the laboratory to FINA's office in Lausanne, the swimmer will be notified of the findings next week and if they are adverse she will be given 28 days in which to apply for the right to have a hearing before FINA's doping panel sometime in late June.

De Bruin's team reiterated last night that she would be fighting any charges.

The full text of the statement issued by Lennon, Heather and Company, who are de Bruin's legal representatives, is as follows.

"The B sample analysis took place at the IOC accredited laboratory today Thursday 21st May in Barcelona under protest. The laboratory results will now be forwarded by the laboratory to FINA who will in turn inform our client of the outcome of the B test.

"From the tests carried out today it appears clear at this time that our client can only be charged with physical manipulation and not the use of any banned substance. Having regard to that, we do not expect there to be any change between the adulteration results of the A sample and the B sample. Our client, in the light of no evidence of her having physically manipulated the sample, is more determined than ever to fight any charges that may be formally brought against her.

"At this time our client and our offices have no further comment to make concerning this matter and we await the results from FINA accordingly."

The sampling was witnessed on behalf of FINA by Dr Jose Merino, a member of the swimming body's medical commission and a physician working in the city, noting that within the sports rules the matter was effectively sub judice, he declined to speak explicitly on the matter.

"What you can be assured of is that this laboratory (Barcelona) is among the most prestigious of the IOC laboratories. It is prized for it's great security of handling in these matters, at it's head is Dr (Jordi) Segura who sits on the IOC's doping committee.

"I cannot of course say anything about today's testing. What you can be assured of is that the laboratory was in no doubt that there was a strong presence of alcohol in the A sample and that all correct procedures were followed. There is no suggestion of irregularity."

Lennon, who observed yesterday's proceedings, is due back in Dublin later this today.