December 18, 2003
The key questions in the Ferdinand case
BY JOHN GOODBODY
Of what offence is Rio Ferdinand accused by the FA?
The England and Manchester United defender is charged under the FA's doping rule 3.5, which states: "If a player fails or refuses to provide a sample he will be deemed to have committed an offence and may be subject to sanctions . . . club officials should make every effort to inform the player of his obligation to undergo drug testing."
Is there any common ground between the FA and Manchester United?
Yes. They agree that Ferdinand was informed that he needed to give a urine sample after training but that he failed to do so. Ferdinand claims that he forgot because he was moving house and when he left the ground had his mobile phone switched off. A key element will be the interpretation of Ferdinand's mobile phone records after he left the ground.
Why was Ferdinand allowed to leave the ground without giving the urine sample?
Because, unlike other sports, footballers are not constantly observed by the Independent Sampling Officers of UK Sport from the moment that they are informed they need to give a urine sample. This came about because of cases where athletes tried to deceive the testers by, for instance, secreting a bag of untainted urine in their clothes. However, in football, the club medical team acts as a go-between between the officials and the player.
Why is UK Sport involved and what is it?
It is the quango, funded with taxpayers' money, which oversees drug-testing in British sport and partly funds football's testing programme.
How many tests are carried out in football?
Last season, there were 1,256 at all levels of the game.
Could drugs help a footballer?
Very much so. Any participant in a sport that requires a player to run fast or for long periods, to jump high or recover quickly from injuries could benefit from illicit substances. However, there is no suggestion Ferdinand has ever taken any performance-enhancing drugs.
Who will be representing the player and the FA in the hearing?
Ferdinand will have Ronald Thwaites, QC, who is believed to be charging United £250 an hour for his services, and Maurice Watkins, the United solicitor and director. The FA has Mark Gay, a leading sports lawyer and expert on drugs cases. Ten years ago, he represented the then International Amateur Athletic Federation in a year-long civil action brought by Harry "Butch" Reynolds, the world 400 metres record-holder, which Gay eventually won in the US Supreme Court.
Who will be on the FA's disciplinary commission considering the case?
Three people, led by Barry Bright, formerly chairman of Sittingbourne FC, who has sat on many important disciplinary cases involving drugs, including the case when Mark Bosnich was banned for nine months for taking cocaine. He also sat on the Uefa panel which cut the one-year ban of Frank de Boer, the Holland international, for taking an anabolic steroid because it was satisfied that the drug was in a contaminated food supplement. The others are Roger Burden, of Gloucestershire, and Frank Pattison, of Durham. None has any association with the professional game at present.
How long is the hearing likely to last?
Two days have been scheduled.
Why has Fifa become involved?
Sepp Blatter, the president of the world governing body, has recently become aware of the threat of drug-taking to football and has given warning that he will step in if he does not think that the punishment for any breach by Ferdinand is adequate.
What is the expected punishment?
In other sports, it would be an automatic two-year ban but this is highly unlikely in this case because it appears that Ferdinand did not directly refuse to take the test. Most experienced observers believe he will get at least three months.
Will that be the end of the case?
Probably not. United do not want to lose their England defender for even a week. The club could appeal against any suspension to the Court of Arbitration for Sport in Lausanne, or take out a civil action.
Resource: Timesonline 18/12/03
