€100,000 could be cost of proving innocence
Sheahan had sought payment of his costs by the ERC. However, the Appeal Tribunal found that ERC had been absolutely right to bring the case, in light of the very high levels of salbutamol involved; that ERC had also properly defended the Judicial Tribunal's decision on appeal, and that the costs had been increased by the fact that the expert evidence submitted on appeal had not been put before the original Judicial Tribunal.
The Appeal Tribunal therefore declined to order ERC to pay any of Sheahan's costs but ERC did, however, note that this case has uncovered various fundamental uncertainties about the approach taken to salbutamol in the IOC List of Prohibited Substances. Scientists at the IOC medical commission and at the World Anti-Doping Association have taken a keen interest in this case, and have specifically asked for details of proceedings so that they can take them into account when finalising the List of Prohibited Substances for 2004.