Sheahan gets two-year ban

Rugby: Frankie Sheahan has been banned from rugby for two years after being found guilty of a doping offence by an Independent Judicial Tribunal

The Cork Constitution, Munster and Ireland hooker was referred to the tribunal by European Rugby Cup Ltd (ERC) following Munster's Heineken European Cup match against Toulouse on April 26th, earlier this year.

The player was said to be "devastated" by the findings, while his solicitor Packie Derham admitted to being "disgusted and annoyed" at the findings of the Judicial Tribunal and confirmed that the player would appeal the decision.

There were two issues involved.

The first was that the 26-year-old incorrectly filled in a form prior to the start of the European Cup in which he failed to tick a box indicating he was taking Ventolin - it includes the banned substance salbutamol - for his asthma, a condition well documented during his playing career.

That administrative oversight was compounded when he tested positive for salbutamol after the Munster game in Toulouse. On this occasion he filled in the form, handed to players prior to a drug test being conducted, correctly.

The second issue was that the levels found in the sample were deemed excessive for a player taking Ventolin and he was therefore called to explain that discrepancy. At the time when the A urine sample results were revealed to ERC, Sheahan was a member of the Ireland squad on a summer tour to Australia, Tonga and Samoa. He returned to Ireland a little over 24 hours after arriving Down Under.

Sheahan's reaction then was one of acute surprise. "I am shocked to learn of this development but I am absolutely satisfied it results from an administrative error," he said.

"Apparently, I did not tick off the appropriate box to show I have a medical need to use Ventolin, which contains salbutamol, because of asthma, which all my medical records show.

"Ventolin is not a forbidden substance and it is simply a technicality of having it declared on the form. While I am devastated at having to leave the tour, I am now anxious to get home and meet my medical advisers in order to put together the documentation that will clarify what I am happy is effectively a human error in administration."

What was originally presented as an administrative error took on more serious ramifications. Last week Sheahan asked for the B sample to be opened at the IOC-accredited laboratory in Paris; it confirmed the presence of salbutamol, as initially indicated by the A sample analysis.

Salbutamol is a prohibited substance under the IOC List of Prohibited Substances and Prohibited Methods, upon which the ERC anti-doping programme is based.

ERC then convened an independent Judicial Tribunal, consisting of Professor Lorne Crerar (Chairman), Dr Donald MacLeod and Peter Brown to hear the case last Monday at the ERC headquarters in Dublin.

Following a three-and-a-half-hour hearing at which Jonathan Taylor of Hammond Solicitors in London acted as prosecutor for ERC and Sheahan's case was pleaded by Gerry Tynan and John Lucey, the tribunal reserved judgement pending further deliberation, that is until yesterday evening.

The Judicial Tribunal announced the following decision. "The Tribunal found that the levels of salbutamol found in the A and B samples of the player were 1,644ng/ml and 1,764ng/ml respectively and these were admitted by the player.

"The Tribunal also found that the player's level of the Prohibited Substance (salbutamol) was 20 times higher in the sample collected after the semi-final Toulouse game, compared with a sample collected from the player after the quarter-final game against Leicester (two weeks prior to that).

"The Tribunal found that it 'cannot with conscience conclude that the player has satisfied us, on the balance of probabilities, that he administered himself with only eight puffs of Ventolin containing salbutamol for the purpose of properly treating and/or preventing his asthma and/or exercise-induced asthma'."

They imposed a two-year suspension as a result of their findings, banning Sheahan from playing the sport until May 30th, 2005.

Munster coach Alan Gaffney was appalled by the decision.

"It's devastating, something I didn't expect. Frankie is a person of great integrity, great honesty. I don't believe that he did anything illegal," said Gaffney.

"The Barcelona test (a reference to a specific test carried out in another IOC-approved laboratory under the directive of respected IOC anti-doping specialist and Professor of Pharmacology Kenneth Finch at the behest of the prosecution, which actually found in favour of the defence) indicates purely inhalation."

It is believed the Tribunal disregarded the Barcelona test - a special examination of the residue in the urine samples that confirmed inhalation - suggesting that the sample could have been contaminated en route from Paris to Barcelona. Applying that logic it's carriage from Toulouse to Paris could be equally fraught.

Sheahan has 14 days in which to appeal and his legal team will have that finalised by the end of next week.