Claim on test container confirmed

The Black and Decker company which makes the Versapak containers used to transport urine samples from tested athletes yesterday confirmed that the model a British scientist opened and closed without detection is the same model which was used to transport Michelle de Bruin's controversial sample last year.

A Versapak spokesperson, however, doubted that the robust polyethylene container could be opened in the three-minute time frame claimed by Dr David Brown, who on Tuesday demonstrated the procedure using boiling water, a string and knife.

"In mid '97 it was indicated that entry could be gained to the Versapak container," the spokesman, Brian Wotton, said. "But the three minutes . . . I can't say that is inaccurate. Three minutes is very, very quick indeed. It sounds to me that he is talking about part of the operation rather than the whole operation. I would say no. It does seem very, very short indeed."

De Bruin's sample was collected at her home in Kilkenny in January of last year while the World Swimming Championships were taking place in Perth, Australia. De Bruin did not attend the championships due to an injury to her neck sustained in a car crash.

Setting aside all of the procedures (there are many) designed to make the chain of custody of the sample secure, the three-minute window of opportunity is what de Bruin's team will argue was all that was needed for someone to adulterate the sample with alcohol. As to how or why this might have been done, they claim, is not their concern.

Executive Stefan Sahlstrom of International Doping Testing and Management (IDTM), the company charged with the collection of the de Bruin urine sample provided to the Barcelona laboratory, yesterday decided not to comment until after the appeal hearing in May. Sahlstrom's company have never lost a case relating to sampling.

Versapak added that they would be interested in observing the method employed by Dr Brown but said that they would only make a decision to attend de Bruin's hearing if they were invited to do so.

"What we would wish to see is Dr Brown demonstrate the operation and not just present a video."

De Bruin's case has some similarities with that of banned sprinter Butch Reynolds who broke a 20-year-old record in 1988 for the 400 metres. In 1990 the International Amateur Athletics Federation (IAAF) found Reynolds had tested positive for a banned substance and he was suspended for two years. De Bruin has never tested positive for a banned substance.

Reynolds sued the IAAF claiming that procedural errors were made. In particular his legal team demonstrated that the Envo Pack (the bag containing the urine sample container) security seal could be broken without detection.

The IAAF accepted that this was possible but given the other security checks in place concluded that it was beyond reasonable doubt that this was the reason for his positive test.

Reynolds won $27.3 million in a defamation settlement in 1992 only to have the case overturned. He applied to the US Supreme Court and lost in 1994.

The Court for Arbitration for Sport (CAS) was put in place so that athletes would not have to take the more expensive and time consuming route through the civil courts. The CAS finding in May will be binding for de Bruin.

If de Bruin has her case quashed by CAS it is unlikely she will receive much money in compensation.

"Her redress would be against FINA," said her solicitor Peter Lennon. "FINA is governed by Swiss law and I believe the damages she would receive would be minimal. The athlete Butch Reynolds tried to sequestrate money from the athletic's federation but he was unsuccessful as they were based in Monaco not the US."