The Korea Herald

지나쌤

Swimmer Park Tae-hwan hires foreign attorney ahead of doping hearing

By KH디지털2

Published : Jan. 29, 2015 - 09:28

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Beleaguered South Korean swimmer Park Tae-hwan, reeling from a positive doping test, has hired a foreign attorney in preparation for an international doping hearing, officials here said Thursday.

FINA, the sport's international governing body, told South Korean officials Wednesday that the hearing on Park's case will be held Feb. 27 in Lausanne, Switzerland, and has asked Park to attend. And a Korea Swimming Federation (KSF) official said Park has enlisted the help of a Switzerland-based lawyer for the occasion.

Park, a four-time Olympic medalist and two-time world champ, has blamed an injection given by a doctor at a Seoul hospital for the result. State prosecutors investigating charges of the doctor's professional negligence later said the injection contained testosterone, a substance banned by the World Anti-Doping Agency (WADA).

"Park has already hired a Korean lawyer in the ongoing case (over the hospital's legal responsibility)," the KSF official said.

"In addition, he has brought on board a legal representative based in Switzerland with expertise in doping cases."

According to the KSF, FINA informed it and Park of the test result at the end of last October.

FINA collected Park's urine samples in early September, as Park was training for the Asian Games in the South Korean city of Incheon that opened later the same month. All swimming competitions were held in an arena named after Park.

FINA took A and B samples from Park. According to the KSF, the A sample tested positive, and Park was subsequently informed in October.

He asked for the analysis of the B sample, and it was tested for three days starting Dec. 2 at a WADA-accredited lab in Montreal. With a representative each from the KSF and Park's agency on hand, the B sample also came out positive. The KSF formally received the news in mid-December.

The organizing committee for the Asian Games confirmed earlier this week that Park passed three doping tests during the competition in late September.

According to prosecutors, officials from the hospital have claimed that they gave Park the injection to help boost his hormone levels but that they weren't aware that testosterone was a banned substance.

Park's camp has told the authorities that the swimmer repeatedly asked the hospital about the contents of the injection and that he was assured that the shot would be clean.

Regardless of any legal responsibility to be shouldered by the hospital, Park, one of South Korea's most visible athletes, will likely be held accountable for the result and face discipline, based on WADA's World Anti-Doping Code.

In Article 10, titled "Sanctions on Individuals," the code states that if an athlete can establish that he or she bears no fault or is negligent, the athlete may not face sanctions. However, one exception cited by the same code is "the administration of a prohibited substance by the athlete's personal physician or trainer without disclosure to the athlete."

The code also points out, "Athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any prohibited substance."

Even as Park is getting ready to attend the hearing that could have a major bearing on his career, the swimmer will soon resume his training, a source close to Park said.

"He has put his training on hold, but he will soon get back to his routine," the source said. "He won't scrap his training plans while waiting for the FINA hearing or prosecutors' investigation.

Since he had absolutely no intention (to take the banned substance), he will return to training as usual."

According to the source, Park has been "quite discouraged" by the recent turn of events, but he also believes he has to give his best until the end of his career.

"He may need to make some adjustments, but his schedules for the next six months are already set," the source added, without offering details on Park's training base.

Park had previously trained in Australia under the guidance of his Australian coach Michael Bohl. The two have reportedly parted ways, and Park recently visited SwimMAC Carolina in Charlotte, North Carolina, to see if it could serve as his new training facility.

Park's positive drug test might have had to do with his plan to switch training venues. In light of a positive test by the Chinese swimming star Sun Yang, who'd also trained Down Under, the Australian swimming federation has instituted a policy demanding foreign athletes register for out-of-competition drug tests while in Australia. The athletes must also pay Swimming Australia a fee to cover the costs of those tests.

The source said Park is merely seeking a change of scenery. (Yonhap)