The Irish Olympic swimmer, Michelle de Bruin, faces possible disciplinary action by the world swimming authority, FINA, following yesterday's confirmation that the second part of a random urine sample she submitted showed signs of tampering.
In a statement from its headquarters in Lausanne, Switzerland, FINA said that further tests on de Bruin's sample last Thursday and Friday had confirmed suspicion of tampering.
"FINA announce that concerning the case of the swimmer Michelle Smith de Bruin (Ireland), the result of the analysis of the B sample confirms that of the A sample. These results indicate suspicion of physical manipulation of the sample.
"The case will immediately be submitted to the FINA doping panel for trial in accordance with the FINA rules for consequences of doping control."
An earlier test on the A portion of the sample provided in a random out-of-competition test in Kilkenny on January 10th had shown high levels of alcohol, compatible with tampering. The laboratory report cited evidence of a "strong whiskey odour" when the sample was opened.
Speaking on RTE television last night, de Bruin's legal representative, Mr Peter Lennon, said the entire procedure was null and void as FINA had failed to test for testosterone precursor. He said he would seek an injunction to prevent FINA from proceeding with a disciplinary hearing.
"The whole purpose of the testing procedure is to establish if there is the same banned substance in the B sample as in the A sample. As you know, they refused to tell us what was in the A sample and now they don't proceed to test the B sample for any precursor.
"So we have taken the view based upon FINA's own rules that that is a negative finding, and Michelle is entitled to the benefit of the reasonable doubt in this case and we have called on FINA today to abandon this whole procedure."
The swimmer will be notified of the findings this week and will be given 28 days to lodge a request for a personal hearing before the FINA doping panel.
In a statement last Friday Mr Lennon said there was no evidence that de Bruin herself had interfered with the samples.
FINA has said it is analysing a series of urine samples from the swimmer, hoping to attain a clearer picture of her testosterone levels.
FINA sources yesterday declined to comment on the state of progress with this longitudinal analysis.
The details released by FINA yesterday regarding the B sample again failed to mention testosterone levels, and it may indeed be possible that FINA has drawn back from what has proved a difficult legal area for sports authorities.
Precedent shows that it is difficult to prove the abuse of endogenous substances, particularly in cases involving female athletes.