SWIMMING:ANDREW BREE, the Olympic Games-qualified swimmer, has thrown himself at the mercy of world governing body Fina's disciplinary panel in the hope of making it to Beijing in August.

The breaststroke champion, who tested positive for an over-the-counter drug contained in a common remedy for decongestion, has decided not to have his 'B' sample tested. The 'B' sample almost always confirms what the 'A' sample finds but in this instance would have taken some time that Bree can ill afford given the proximity of the Games.

Yesterday in a statement released by the Bree family, the swimmer confirmed that he would claim that his adverse finding was an innocent mistake. "Yesterday, we informed Fina by letter that we would not be exercising the opportunity to test the 'B' sample - thereby accepting that the listed substance in question, L-metamphetamine, was likely to have been present in Andrew's body last December," said the statement.

"We have asked Fina that a hearing may be convened as soon as possible as we strongly believe that this is a purely innocent error on Andrew's part and that we can prove this, hopefully allowing this issue to be resolved quickly so that Andrew can continue his preparations for the Olympics.

"L-metamphetamine is present in the US-manufactured Vicks decongestant but not in the UK version of the product and Andrew unwittingly was using the American product at the time of the test last December. Over many years, both before and after this test, Andrew has never tested positively for any substance and he abhors the use of drugs in sport."

Even if innocently taken Fina hold a dim view of such oversights and has issued bans in the past for similarly 'soft' offences. The Irish Sports Council also recently highlighted that the product is prominently highlighted in their drugs information card.