Manju to challenge testing procedure

Kalinga Indatissa, Attorney-at-Law representing Manju Wanniarachchi in the doping test inquiry held in New Delhi on November 12 took up the position that the chain of custody of the sample of urine taken soon after the Bantam Weight finals had not been properly maintained as per WADA rules. Any doping test sample had to have a report on a chain of custody to ensure that were no malpractices in the testing.

The Sri Lankan hero of the New Delhi Commonwealth games was represented by Indatissa who took up this contention with many other issues.

Manju Wanniarachchi who won the gold medal at the recently concluded Commonwealth Games in New Delhi was subjected for a doping test around 15 minutes after receiving the Gold Medal on October 13, 2010. A few days later he was informed by the Commonwealth Games Federation that the 'A' sample had been analysed by the National Doping Testing Laboratory (NDTL) of New Delhi, and that the sample was found to contain metabolites of Nandrolone, a prohibited substance.

The Commonwealth Games Federation also informed Wanniarachchi that the following option were available to him.

a) That he could admit to the result of the analysis in which event he had to face a hearing which will make a determination on the sentence to be imposed on him,

b) That he could exercise his right to the opening of the 'B' sample at which point either he or his representatives could be present at the opening of the sample.

Accordingly, Wanniarachchi informed the Commonwealth Games Federation of his intention to exercise the right to have the 'B' sample opened. In terms of the WADA rules, this is a statutory right granted to every sportsman whose 'A' sample is found to contain a prohibited substance. Furthermore, the rules require that all documentation regarding, the 'A' sample analysis and relating to chain of custody are provided before the 'B' sample opened.

The opening of the 'B' sample was scheduled to be held on the 2nd of November 2010 at NDTL in New Delhi. This was not held in view of the objections raised by Mr Indatissa but subsequently was opened on November 12, 2010. The 'B' sample was also tested to be positive.

Susanthika Jayasinghe, the heroine of Athens was subjected to similar humiliation in the 1990's at the peak of her career. Susanthika was also tested to be positive in both samples, and later the panel of arbitrators of the IAAF sitting in Monaco exonerated her of all charges based on similar objections raised by Counsel. Incidentally, it was Mr Kalinga Indatissa who appeared for Susanthika and successfully got her exonerated from all allegations.

Indatissa further stated that as in Susanthika Jayasinghe's case, the testing procedure and the other related matters will be challenged by Manju Wanniarachchi before the Commonwealth Games Medical Commission.