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Smith-de Bruin's four-year ban upheld

Triple Olympic swimming champion Michelle Smith-de Bruin lost her appeal against a four-year ban.

The International Amateur Swimming Federation (FINA) had suspended the Irish swimmer last August, ruling that she had tampered with a urine sample which was taken from her in January 1998 and found to contain lethal levels of alcohol.

A three-man panel heard the swimmer's appeal at the Court of Arbitration for Sport (CAS) headquarters in Lausanne on May 3 and 4.

"After deliberating, the panel decided to dismiss the appeal brought by Michelle Smith de Bruin and to confirm the four-year ban pronounced by the FINA doping panel. The arbitrators considered that the appellant did not succeed in convincing them (1) that the samples which were tested were not hers and/or (2) that a third party manipulated the samples in order to adulterate their content," a CAS statement said.
The statement added that the panel had not accepted the appellant's contention that the burden of proof lay upon FINA to eliminate all possibilities othern than manipulation by the Irish swimmer.

"Based on the facts of the case and the evidence before them, the arbitrators were of the opinion that the FINA had convinced them that the Appellant was the only person who had the motive and opportunity to manipulate the sample," the CAS statement said.

It was the first time a CAS hearing had been made public.

Smith-de Bruin won the 400 metres freestyle and 200 and 400 metres individual medley gold medals at the 1996 Atlanta Olympics at the late age of 26, having risen suddenly to the top after years among the also-rans.

Agencies