Team Sky doctor at focus of drug storm could miss tribunal
Freeman accused of ‘intending’ to dope rider Fallout from case could be catastrophic for sport
A potentially explosive medical tribunal hearing into a batch of testosterone delivered to British Cycling’s headquarters in 2011, allegedly with the intention of doping, will begin in Manchester today.
There are, however, doubts that the doctor at the centre of the case will actually show up.
Richard Freeman – who was also at the centre of the recent controversies concerning Sir Bradley Wiggins’s use of Therapeutic Use Exemptions during his career, as well as a Jiffy bag delivered to the same rider in 2011 – stands to lose his medical licence if it transpires that he did, in fact, order 30 sachets of Testogel from Oldham-based suppliers Fit4sport, and then “make untrue statements” in an attempt to cover his tracks.
Freeman has not proved the most reliable witness over the past couple of years. He failed to appear before a Commons select committee in 2017, citing ill health. British Cycling says he also failed to cooperate with its own internal investigation.
Asked what would happen if Freeman failed to attend, a spokesperson for the Medical Practitioners Tribunal Service said it would have to decide whether to continue or adjourn.
“They would have to demonstrate whether he had been given adequate notice of the hearing and whether they could fairly proceed in his absence,” she said.
Dr Mark Bonar, the British doctor who was secretly filmed by The Sunday Times describing how he prescribed banned drugs to 150 elite sportsmen, was struck off the medical register last year after he failed to attend his medical hearing.
Bonar said he had retired from medical practice, was living abroad and did not plan to return to the United Kingdom.
Either way, it is safe to say the damage to British Cycling and to Team Sky – for whom Freeman was also working at the time – could be catastrophic.
The mystery surrounding the Testogel has been swirl- ing for almost two years, since it emerged as part of UK Anti-doping’s 18-month investigation into the notorious Jiffy bag.
When questioned by Ukad in February 2017, Freeman said he had ordered the Testogel for a non-athlete member of staff, but returned it.
However, it is alleged he “made untrue statements” to Ukad when he made these claims and that his conduct was “dishonest”.
Pre-hearing notes make it clear the central allegation in this hearing – which is slated to last a month – is Freeman’s “motive for placing the order was to obtain Testogel to administer to an athlete to improve performance”. It is also alleged Freeman, who no longer works for British Cycling or Team Sky, provided medical treatment inappropriately that did not constitute first aid to non-athlete members of staff, and failed to inform three patients’ GPS of medication prescribed and reasons for prescribing.
Sure to come under scrutiny in the hearing is the timeline of events surrounding the delivery and return of the Testogel.
It is understood that Phil Burt, who was at that time British Cycling’s head of physiotherapy, brought the package to the attention of British Cycling’s senior doctor Steve Peters on May 18, 2011.
Questioned in March 2017, Peters claimed Freeman told him the package had been sent in error. Peters told Freeman to return it and to get a note from the suppliers, making clear it was a mistake. According to the MPTS pre-hearing notes, that note did not arrive for another five months. The delay will be investigated.
Ukad will have an observer and any new evidence that emerges could trigger a fresh Ukad investigation, with the agency still able to charge any parties involved with an anti-doping rule violation if the evidence justifies it.
It is unclear who will be called as witnesses. Peters and Shane Sutton, then head coach at British Cycling, are thought to be attending, although it is understood Sir Dave Brailsford, who was performance director at the time, will not. Peters claimed in 2017 he did not feel the need to tell Brailsford about the package. The hearing is expected to start some time this afternoon or tomorrow morning after the tribunal has read bundles from all parties concerned.
It is understood no current British Cycling employees will be called as witnesses.