Irish swimmer Michelle de Bruin yesterday contacted the sport's governing body, FINA, to request that they open the B sample from the controversial urine test submitted to doping control officers earlier this year.

In a statement disclosing the decision, Peter Lennon, the legal representative for de Bruin, said: "We are requesting that the B sample be tested, but doing so under protest."

Lennon had previously expressed reservations about the usefulness of opening the B sample.

De Bruin is currently charged by the Federation Internationale de Natation Amateur (FINA) with having adulterated a sample supplied to testers at her home in Kilkenny on January 10th. The laboratory report on her sample also suggests "the administration of a precursor of testosterone". De Bruin was notified late last month of the results of tests made on her A sample by an International Olympic Committee-accredited laboratory in Barcelona and given 21 days in which to decide whether to proceed with the option of having the B sample unsealed and examined by independent analysts in her presence. It is unprecedented in recent testing history for a B sample to produce different results to an A sample.

The request for the B sample to be examined was made late yesterday afternoon by fax to FINA's offices in Lausanne. It is expected that consultation will take place on Monday with regard to a mutually convenient date for the parties to assemble in Barcelona.

Indications last night were that it would be unlikely that either the swimmer or her husband, Erik de Bruin, would be present in Barcelona for the examination of the B sample. They will be represented by Lennon and a laboratory technician. "Our role is to check the seals are intact, and the methodology," Lennon said. He added that a speedy resolution was now important.

Gunnar Werner, the honorary secretary of FINA, speaking from Sweden yesterday, confirmed the process which will now be embarked upon.

"The parties must agree a suitable time for all to assemble in Barcelona for the testing of the B sample. The doping panel of FINA will not meet on Monday, they will meet in June, maybe the second part of June, when they will consider the results."

De Bruin will be entitled to a hearing in front of the doping panel before any decision as to her fate is made. The FINA doping panel is chaired by Harm Bayer, a German magistrate, and consists of a panel of nine experts, at least six of whom must have legal training. The remaining members must have an understanding of the procedures involved. In cases such as de Bruin's, three members of the panel are required to preside. That meeting will now take place next month.

De Bruin has said publicly that she expects to receive a ban of four years from FINA at that stage, but will appeal any decision to the Court of Arbitration for Sport in Lausanne.

Meanwhile, it has also been confirmed that de Bruin missed another random drug test two days before the controversial January 10th test. Testers from the Swedish agency IDTM called to Kilkenny on January 8th but were unable to locate de Bruin.

The swimmer was warned by FINA early in 1996 after having missed two drug tests in the previous months. The FINA rule on such matters states, however, that "if the competitor cannot be located thereafter for a doping control test during a period of up to 18 months from the first date, the competitor may be considered to have refused to submit to doping control."

A period of 18 months had elapsed since her first citation for a missed test. Werner confirmed the missed test, but said that no punitive action was likely.

Werner declined to elaborate on the key issue of whether the doping control officers directly involved in the case submitted a report concerning irregularities when the test was concluded or what detail that report might have contained. "I have no comment on that lonow. It will go to the doping panel for consideration. That and everything. It is up to the doping panel to decide when in June they will meet. It goes automatically to the doping panel. They have all final decisions."

FINA have yet to consider whether to impose a temporary suspension on de Bruin pending the outcome of the deliberations of the doping panel. De Bruin is scheduled to compete in the French national championships late this month, having already competed in France two weeks ago.