Solicitor 'optimistic' player will be cleared

O'MAHONY DOPING CASE:AIDAN O'MAHONY'S Therapeutic Use Exemption (TUE) for salbutamol was "fully up to date" and "all in order", according to solicitor Paul Derham yesterday, who then pronounced himself "more than optimistic" that the Kerry footballer would not be charged with any doping offence and instead be cleared of any wrongdoing.

Derham has also revealed that while the level of salbutamol in O'Mahony's doping sample was marginally above the level permitted by the World Anti-Doping Agency (Wada) - the 1,000 nanograms per millilitre of urine, even with a TUE - it was still wholly consistent with the inhaled, therapeutic use of the substance, and that they had the medical data to prove as much.

Derham took on O'Mahony's case last Friday, when the player was first notified that a random doping test, which he was submitted to after the All-Ireland football final against Tyrone on September 21st, revealed an adverse analytical finding related to the use of salbutamol. The Cork solicitor also represented former Irish international rugby player Frankie Sheahan in a similar case involving salbutamol back in 2003, where Sheahan's original two-year ban was reduced, on appeal, to just three months.

While Sheahan acknowledged he had "not properly declared his therapeutic need for salbutamol", there is no such issue with O'Mahony's case. The player released a short statement yesterday, through Derham's offices of Daly Derham Donnelly Solicitors in Cork, in which he too claimed he was "absolutely satisfied that the level of salbutamol in my sample is wholly consistent with my therapeutic use of inhaled salbutamol".

Derham last night expanded on the details of this, praising the Kerry County Board for having the medical conditions of all their players fully up to date and registered with the Irish Sports Council for the purposes of anti-doping. In the meantime, he awaits notification from the GAA as to when O'Mahony's case will be heard by their anti-doping committee.

"Aidan's Therapeutic Use Exemption was fully up to date, and everything all in order," said Derham. "In fact, the Kerry County Board have dotted all the I's and crossed all the T's on all their medical matters. They are very up to date on this and have everything in order with the Irish Sports Council.

"The only situation here is that Wada have a cut-off point (1,000 nanograms per millilitre) above which the individual must show that this level is consistent with their therapeutic use of salbutamol. That is the nature of this hearing, to show the level is consistent with the therapeutic use.

"So it's not a charge as such. And while it could develop into a charge, we are more than confident and more than optimistic that we can show from our medical data and from data from other cases that this level is fully consistent with the therapeutic use of salbutamol."

However, it may take several weeks before the case is heard, particularly as it brings the GAA's anti-doping apparatus into operation for the first time: "Well I certainly don't think it will run into next year," added Derham.

"But we do have some ways to go yet. We are waiting for the GAA to come back to us with a date for the hearing, and of course it is the first time that they have gone through this process, and I've no doubt they've quite a bit to get organised.

"So they'll come back to us with their medical expert and we'll see what he presents, what he has to say, and then we'll bring our medical data and our evidence back based on that. It is quite technical and so there is still a bit to get through in that regard."

Given his previous experience with a salbutamol case, Derham is clearly well versed in the subject, and is likewise aware of the increasing concerns why salbutamol remains on the list of banned substances.

"I'm well aware that the Irish Sports Council have made a number of submissions and reports to Wada over the last year questioning aspects of salbutamol being on the banned list, why it is still on the banned list, and wanting to get salbutamol taken off the list."

However, just last month Wada released a reviewed list of banned substances, which comes into effect next January, and for now salbutamol remains a doping offence.

Statement from Aidan O'Mahony

"I HAVE suffered from asthma since childhood.

"I notified the Gaelic Athletic Association and the Irish Sports Council with regard to my asthmatic condition and the use of salbutamol by way of inhaler to treat this condition and I obtained from the Irish Sports Council a Therapeutic Use Exemption.

"I was randomly tested after the All-Ireland final on the 21st of September, 2008, a concentration of salbutamol was shown in my sample and I must now show to the Gaelic Athletic Association/Irish Sports Council that this finding was the consequence of the therapeutic use of inhaled salbutamol and I and my medical advisors are absolutely satisfied that the level of salbutamol in my sample is wholly consistent with my therapeutic use of inhaled salbutamol.

"I would be happy to meet with the press to give further detail once my hearing has been concluded and it would not be appropriate to give any further detail until after the hearing."