Swimming: Testing time for Bray in court

By TERRY MADDAFORD

Trent Bray is heading to court in the first step to clear his name after returning a positive test to the banned steroid nandrolone.

Trent's lawyer, Peter Thorp, yesterday lodged papers with the Auckland District Court claiming testing procedures used by the New Zealand Sports Drug Agency for collecting and analysing the out-of-competition test on the swimmer were flawed.

A date for the case to be heard should be known next week. If the court upholds the appeal the planned hearing by a New Zealand Swimming tribunal would not go ahead.

NZSDA boss Graeme Steel cannot even guess which part of the agency's testing procedures will be attacked by Bray's legal counsel.

"There are quite a significant number of places where they have not followed the correct procedures," said Thorp. "This is the first step in the battle to clear Trent Bray. Under the Drug Agency Act we have the right to go to the District Court."

Thorp says he hopes the matter will go before the court quickly.

"Hopefully, both the court and the Swimming New Zealand tribunal hearings can be heard in time for him to qualify for the Olympics [at next month's national championships]."

Steel said his board came down with such determinations - infractions - only after they are certain all was in order.

"There is always the potential for something to go wrong but we do everything to ensure correct procedures are followed," said Steel. "We have only been challenged a couple of times - once on a technicality by a speedway rider for his failure to provide a sample.

"Interestingly, the IAAF is looking at a way of changing the rules which would not allow a positive test to be invalidated because of a minor procedural error."

Steel also pointed out the appeal to the court was outside the "five working days" allowed for such challenges.

"We are well beyond that."

If the results are not overturned, Bray faces a four-year ban.