Legal expert blasts shoddy treatment of asthmatic stars

AN EXPERT in sports law last night stated that Ireland’s sport stars who suffer from asthma are unfairly treated by anti-doping agencies.

Larry Fenelon, partner with Leman solicitors, revealed that major asthmatic sports stars are at a higher risk of returning positive drug tests because of their condition and due to their need to treat their condition with drugs such as Salbutamol. Fenelon says former Ireland and Munster rugby star, Frankie Sheahan, and Kerry footballer, Aidan O’Mahony, are examples of sports people being unfairly treated by the system due to their asthma.

Fenelon makes a presentation on 2009 Anti Doping Rules at the National Sports Exhibition and Coaching Conference in Citywest today.

Both Sheahan and O’Mahony were found guilty of doping offences when excessive amounts of Salbutamol were found in their systems. However, both were subsequently cleared on appeal with the committees satisfied that the two had used Salbutamol to treat their asthma and that the amounts used were acceptable on the evidence before them.

Fenelon is convinced that due to the current laws in place, people with asthma are at a much higher risk of failing a drugs test and damaging their reputations.

“Some of Ireland’s, and indeed the world’s top sports stars are at risk of failing tests due to their asthma condition. Major Irish sports stars that have asthma must treat their condition to ensure they can compete at the highest level. However we have seen that the condition can distort these anti-doping guidelines and lead to positive tests,” he said.

He added: “In the current sporting climate, sports people are reliant on their sponsors. If an athlete fails an initial drugs test even though there is pre-approved medical approval for the use of a banned substance, this can have serious implications for their career. Many sponsors will not want to be associated with someone who has a question mark hanging over their head and will not wait around to see if this person is cleared.”

Fenelon has called for the removal of Salbutamol from the prohibited list.

“Most specialist medical practitioners in this area accept that Salbutamol does not enhance performance and may in fact inhibit the production of adrenaline, potentially causing long term cardiac problems. In my view, it is time to revisit the issue of removing Salbutalmol from the prohibited list.”