O'Connor to test sampling procedures
Meanwhile, yesterday, the FEI confirmed that the case involving Jessica Kürten and the mare, Castle Forbes Libertina, was now closed. Kürten had revealed on Wednesday that the B sample from the horse had tested negative and she demanded the FEI drop the case.
In O’Connor’s case, it is understood that after the B urine sample was stolen, a blood sample was sent, after much confusion regarding its destination, to New York for testing.
It was shown to contain the same banned substances as found in the A urine sample. O’Connor was informed by the FEI that the blood sample backed up the urine sample. In the meantime, they tested the A blood sample.
It is felt that, once the B urine sample went missing, the FEI should have recommenced the testing process with the blood samples.
The FEI could not be contacted yesterday evening to confirm or deny this. But, when combined with the fact the B urine sample was stolen, this error in procedure could prove vital in arguing that due process was not followed.
Yesterday, O’Connor’s solicitor Andrew Coonan said the 25-year-old was upbeat. “Certainly, we are confident, bearing in mind all the evidence, of a good outcome.
“There is no question of anyone refusing this process. As Cian outlined, there is an obligation on him to go through this and it has now come to hearing. Hopefully, it will close the door on this case.”
O’Connor is likely to give evidence personally, but Coonan would not confirm this. His case follows the detection of the banned human anti-psychotic substances, fluphenazine and zuclopenthixol, in Waterford Crystal after he carried O’Connor to gold at the Athens Olympics.
O’Connor claims that the drugs were administered by his vet when the horse was undergoing hydrotherapy prior to the Olympics.
He will be represented by Michael Collins SC. Also appearing for him will be Thomas Tobin, a toxicologist and a pharmacologist, who is also a professor of veterinary science, Gluck Equine Research Centre, University of Kentucky.
O’Connor is likely to present a two-fold defence.
Firstly, there is the substantive issue, as he sees it, in that the case was not processed according to FEI regulations.
Secondly, he will argue that the amounts of the substances were so miniscule, they had no performance-enhancing effect.
The FEI has three options:
Find O’Connor not guilty and allow him to remain Olympic champion.
Disqualify him and fine him.
Disqualify him, fine him and suspend him from competition.
It is accepted that according to FEI rules the substances should not have been there. However, Coonan said: “Not withstanding the FEI’s zero tolerance stance, it is accepted that they had no performance-enhancing effect.”
The FEI hopes to be in a position to give a ruling on Sunday evening, assuming the hearing at Zurich Airport concludes.
Coonan would not rule out an appeal to the Court of Arbitration for Sport. “CAS is available to all athletes,” he said.
