Irish swimmer Michelle Smith should not have to face charges of manipulating her drug test because no banned substances were found in her backup urine sample, her lawyer said Tuesday.
Peter Lennon said Smith should be cleared on “reasonable doubt.” He said the triple Olympic gold medalist will seek arbitration or go to court unless FINA, swimming’s ruling body, withdraws its accusations.
FINA said Monday it was sending Smith’s case to its drug panel for investigation after her backup sample showed the same signs of tampering as her first specimen. The samples allegedly contained a lethal concentration of alcohol.
Lennon told Irish radio he had warned FINA that unless all charges were withdrawn, he would apply to the Swiss-based Court of Arbitration for Sport for an injunction.
“If CAS won’t take the case–because they may take the view they have no jurisdiction in the matter–we will be applying to the courts in Switzerland,” he said.
