THE HERALD REPORTS

MacLeod cleared: alcohol the cause of failed dope testKEVIN FERRIE, Chief Rugby Writer November 25 2008


Scott MacLeod has been cleared to play rugby after a five-week suspension during which he underwent his second investigation this year for a charge under anti-doping laws.

Deemed guilty of taking medication for asthma this year without having proper certification, the 29-year-old Llanelli Scarlets lock had subsequently been found to have an elevated testosterone (T/E) level in a sample provided during unannounced out-of-competition testing earlier this year.

After an independent panel decided there was a case to answer on the basis of the A sample result, analysis of his B sample has subsequently brought the conclusion that the reading was down to consumption of "a significant amount of alcohol," the night before the test.

MacLeod, sidelined since being told of the new investigation on October 17, expressed relief yesterday at the prospect of returning to action.

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"I am glad this ordeal is finally over and look forward to resuming my playing career with Scarlets and Scotland.

"I never thought an impromptu night out to cele-brate the news that I was going to become a dad for the first time would lead to all this," he said. "Nevertheless, I feel very frustrated that my sample was not tested for alcohol at an earlier stage of these proceedings. Given the severity of the charge I was facing, I would have expected that the alcohol test should have been performed as a matter of routine.

"Had that been the case, I would have been able to establish my innocence at a much earlier stage, I would not have been suspended and the details of this case would not have become public."

While his frustration is understandable, the case has raised many uncomfortable questions with the sport having been badly embarrassed on three counts.

n MacLeod's initial conviction earlier this year was on a technicality, but it was the first time a leading Scottish player has been found guilty of an anti-doping offence.

n The name of the same player subsequently emerged as coming under renewed suspicion.

n His need to rest his defence on an apparent alcohol binge comes a time when the lifestyles of Scottish sportsmen are being publicly questioned.

That defence was supported by scientific research which indicated that acute ingestion of alcohol can temporarily elevate the T/E level significantly after MacLeod had explained the circumstances of the celebration the night before the dope test on January 25.

Since there had been criticism of the make-up of the panel that cleared MacLeod to play after convicting him for taking the wrong asthma treatment - since questions could be raised over its apparent neutrality - the SRU sought to ensure there was no repeat of that second time around.

Consequently, where a preliminary investigation would normally be conducted by a representative of the SRU, it was decided this time to appoint an "independent review panel".

That panel was again entirely Scottish based, comprising Stewart Hillis, director of the sports medicine centre and professor of cardiovascular and exercise medicine at Glasgow University, Sheriff Bill Dunlop, who rewrote the SRU constitution three years ago and Michelle Jeffrey, a doctor at the Scottish Institute of Sport.

It was their decision that MacLeod had a "case to answer" under the World Anti-Doping Agency's protocols.

The burden then fell on the athlete to prove his innocence. It is now accepted by UK Sport that, in light of the results of the B sample analysis, MacLeod has done so and Scottish Rugby has accepted that decision.

However, MacLeod - who reputedly has naturally occurring high levels of testosterone - has particular reason to be grateful to Mike Howe, his agent at Top Marque Sports and their lawyer Jenny Longstaff, wife of former Scotland winger Shaun, for drawing the SRU's attention towards the possibility of alcohol consumption being a factor.

Like the player, Gregor Nicholson, the SRU's international administration manager, meanwhile suggested the system may be at fault.

"It has been a long and frustrating case for Scott MacLeod, some aspects of which demonstrate an urgent need for a review of testosterone protocols and whether A samples should be routinely analysed for the existence of alcohol, ultimately by WADA but also by UK Sport," he said.

"Scottish Rugby is also making representations to the International Rugby Board in relation to how the IRB's anti-doping regulations and therefore our own anti-doping regulations deal with the complicated and uncertain nature of such cases.

"Until then, all players who are subject to doping control, including out-of-competition unannounced testing, should take heed of the very real danger of acute alcohol ingestion causing a temporary elevation of their T/E level, to the extent that they could face having to formally explain, to a legal standard, the reason for the finding in order to avoid a doping charge.

"Scottish Rugby will be highlighting the importance of this case to all players and enhancing player education on the subject."

This article was posted on 25-Nov-2008, 10:11 by Hugh Barrow.