Concerns at the implications of having its case against swimmer Trent Bray overturned will almost certainly lead the New Zealand Sports Drug Agency to appeal against the court ruling.
Following Bray's appeal against a positive test for the banned steroid nandrolone, which was upheld by District Court judge RoderickJoyce QC on two grounds, the agency expressed some concerns.
Agency boss Graeme Steel said he hoped the decision to proceed with the appeal would be made today as he leaves at the end of the week for drug-testing meetings in Europe.
"We have put all the material we have in front of a lawyer who will give us advice on what the pros and cons of appealing might be," Steel said. "The implications are such that we need to turn [the decision] around.
"I don't know how the public perceive what has happened but there are issues which need to be clarified. The containers, which the judge ruled were not compliant, were, until a year ago, regarded as state of the art and are still in common use at all levels.
"Despite the judge's ruling, our procedures were found to be acceptable by the court.
"In the case of the delay in testing the sample, we acknowledge it was not desirable and have made that clear to the courier company.
"But having said that, if the [testing] laboratory finds a sample is not in the proper condition for testing, they will not test it. The seals on the sample were intact. Trent Bray was there to witness that before the B sample was tested."
Steel reiterated that the agency's testing processes produce scientific results from an independent body.
