The Trent Bray drugs scandal might be over, but New Zealand Sports Drug Agency chief Graeme Steel said some questions remained unanswered.
Speaking after a conference call of board members Sir Graham Speight, Stephanie Foster, Dave Gerrard and Lyn Gunson yesterday, Steel said they would not decide until earlynext week whether they would appeal against the findings of Auckland District Court Judge Roderick Joyce, QC.
The judge ruled on Thursday that the testing procedures used in Bray's case, in which he returned a positive test to the anabolic steroid nandrolone, were out of order as the containers used in part of the testing process were incorrect and that the time taken for the sample to be tested in Sydney was too long.
"We think there are clear questions to be answered," said Steel. "Maybe there are points of law that need to be clarified.
"Our initial reaction is that the board should seek leave to appeal [against] the decision but that decision will not be made until next week.
"I don't believe our notice [of any intention to appeal] would prevent [Bray] swimming.
"We are a testing body. We can't punish or suspend anyone. That is up to the sporting body," he said.
"But maybe the sport's governing body, Fina, who are not subject to New Zealand rules, might want to look at it. I don't know if they can or if they can't."
Swimming New Zealand chief executive Catriona McBean said yesterday that she intended to advise Fina of the outcome.
"I understand in other sports the governing body have, at times, over-ruled such findings," McBean said. "As it stands now, there is no need for us to further consider the matter but I just want to get a clear picture from Fina."
Bray continues his buildup toward the national championships and his bid to qualify for the Olympics.
His lawyer, Peter Thorpe, said Bray was "hard out" in his training but had obviously been distracted by recent events.
"He is having to work hard," Thorpe said. "But he is still determined to give the Olympics his best shot."
