SRU denies claims MacLeod case could have been resolved quicker

Published on Tuesday 25 November 2008 22:26

THE Scottish Rugby Union has rejected the suggestion that there should have been swifter resolution to the Scott MacLeod doping charge investigation.

The Llanelli Scarlets and Scotland player was cleared this week of a potential anti-doping violation after it was demonstrated that a drinking session had caused an abnormally high level of testosterone to be recorded when he underwent a drugs test at Murrayfield in January this year.

Although the 29-year-old was relieved to learn the news this week that his suspension from rugby had been lifted and the doping charge discontinued, he expressed frustration that he had not been able to establish his innocence at an earlier stage.

Now the player's lawyer has said that the SRU's independent review panel set up to look into the MacLeod case should have asked the player at an earlier stage for an explanation to the adverse findings.

Mike Morgan, of London law firm Hammonds, said: "Testosterone cases do take some time and WADA (World Anti-Doping Agency] and UK Sport have to be thorough, but when the SRU's independent panel first came together, to decide whether or not he had a case to answer, they could have asked Scott himself for an explanation. That is the bit that is missing from this; the aspect where things could have been cleared up earlier.

"Like most people, I assume, he had no idea that alcohol could raise testosterone levels, but the experts involved knew that because it is more widely known within the drug-testing bodies. As soon as this was suggested to him he said straight away he had been drinking the night before.

"If the effect of alcohol had been suggested to Scott before the suspension, they could have then established the evidence without the need for a suspension, and the costs to Scott of missing five weeks of rugby and indeed of legal representation.

"I would agree that Scott could be justified in feeling this could have been dealt with before suspension. And if they are to learn something from this, it is that the governing bodies should speak to the athlete – had someone taken the time to speak to the athlete in this case it is more than likely that they would not have got this far and would not have needed to get lawyers involved."

But in a single-line statement issued last night, the SRU said: "Scottish Rugby is satisfied it adhered to its anti-doping regulations and communicated fully with the player concerned at the appropriate time."

The length of the investigation was also justified by UK Sport. Testers are forced to carry out a series of tests across a number of months before being able to determine whether elevated testosterone levels are due to doping.

UK Sport communications officer Lee Taylor said: "In terms of the timeframe, testosterone is one of the most complex stimulants we can test for.

"There really does have to be the most comprehensive check on whether it's naturally occurring or whether it's the result of doping.

"That always ensures the process is slightly longer. It takes time to make sure there aren't any inconsistencies.

"We just have to be very careful in ensuring we get everything right from this end before we proceed with determining whether there's a case to answer."

Taylor was keen to stress that as well as the scientific evidence, UK Sport took into account witness statements supporting MacLeod's claim he had been out drinking the night before the original test.

He said: "Even though Scott's explanation was he was out the night before, there was still a case to answer.

"He still needed to prove that was indeed the case. It's not just accepted as read."

MacLeod has returned to training with his club but the matter is not completely over yet. WADA could appeal the decision to allow him to resume playing.

WADA will now ask UK Sport and the SRU for a written copy of the decision to clear MacLeod and will determine whether it is in compliance with their code.

If not, they will then decide whether to take the case to the Court of Arbitration for Sport. Although WADA refused to comment on MacLeod's case until they have reviewed it in full, they did confirm they were aware "high alcohol consumption" could lead to elevated testosterone/epitestosterone levels.

They said anti-doping organisations were already permitted to take this into account when deciding whether an athlete had a case to answer.

The player, his club and the SRU have all called for changes in the handling of testosterone cases, with MacLeod wanting alcohol to be tested for as standard.

That wish may well be granted, with WADA revealing they are planning to emphasise the impact of alcohol in a technical document being prepared for their executive committee.