Swimming: Tests slashed in Olympic year

Fewer New Zealand athletes will be checked for banned drugs in the build-up to the Sydney Olympics following swimmer Trent Bray's successful court challenge of testing procedures.

New Zealand Sports Drug Agency executive director Graeme Steel said the case had already restricted the agency's ability to test athletes.

Bray's challenge of sample containers used by the agency meant older, more cumbersome models were now being used, which had hindered testing.

However, he declined to say how many tests were not being taken. Both competition and random testing had been affected, he said.

"At the moment the testing programme is limited. I don't want to give figures."

Lawyers for Bray and the agency met in the High Court at Auckland yesterday in a chambers hearing to determine if the agency's appeal against the District Court ruling in favour of Bray would be allowed.

Bray, aged 26, has revealed that he is suffering from shingles and his chances for qualifying for the Olympics are slim.

However, national coach Brett Naylor said he was confident Bray had the ability to produce an outstanding time at the Oceania championships in Christchurch in June to secure a late nomination for Sydney.

Bray tested positive for the banned substance nandrolone in an out-of-competition test in November.

However the sample was not tested by an Australian laboratory until after Christmas. In the District Court, Bray's lawyers successfully argued that delay was too long.

Judge Roderick Joyce, QC, also upheld Bray's argument thaty the testing containers breached regulations.

Bray has said he did not take the steriod.

The agency has indicated that its appeal will argue that Judge Joyce made an error of law in his ruling. It has argued that the containers used are state of the art and used worldwide.

A Swimming New Zealand ban on Bray competing was lifted when the court ruling was released, but the Aucklander just failed to qualify for Sydney at last month's national championships.

He had intended to attempt to qualify at next month's Australian national championships, but the shingles have ruled him out of swimming for up to a month.

Steel said the agency was anxious for the appeal to be heard soon. The older containers still did the job, but athletes were used to the newer containers and found the others cumbersome.

A newer container was available, but regulations did not allow the agency to use them. The Government had been asked to change the regulations, and he understood it would be considered soon.

"We're continuing testing but not at an optimum level," Steel said.

"It's been felt across the board. Where we have specific agreements for testing to be done, we are endeavouring to comply with those agreements."

Steel said finalising the situation was important for athletes who wanted the assurance there was a good testing programme operating.

Naylor said it was not clear how long it would be before Bray could resume training.

"He's not feeling that good," Naylor said. "He's not going to meet our deadline for qualifying, which means our doors are closing.

"But he has been selected for the team for the Oceania championships and if he put in an outstanding time his nomination could be considered.

"If he commits to it, he's got a good chance. It depends how much he does. He's got the ability to do it.

"He's got so many years of work behind him - 70-odd kilometres a week - and you just can't walk away from that."

- NZPA