“I would encourage him to do so”: Hagipantelis says Bol has a strong legal case after samples prove inconclusive
Principal at Brydens Lawyers Lee Hagipantelis believes that Australian Olympic athlete Peter Bol has a strong legal case against Sports Integrity Australia (SIA) after further drug tests provided inconclusive results.
Bol, who has represented Australia at the 2020 Tokyo Olympics and 2022 Birmingham Commonwealth Games, was informed on January 10 by SIA of a positive sample of Erythropoietin (EPO). It was later revealed that Bol had mixed results from testing in 2021 and was target-tested in 2022.
Whilst the ‘A’ sample came back positive, the second ‘B’ sample which was tested in a different laboratory disputed the positive result. Hagipantelis said the damage to Bol’s reputation and brand is undeniable and the 28-year-old is within his rights to pursue legal action.
“(Bol) was not informed of the negative result,” Hagipantelis said on SEN 1170 Breakfast.
“Unbeknownst to him, he became a target of testing in 2022.
“He was tested 26 times in 2022 comprising 16 urine tests and 10 blood samples.
“There are five bands in the EPO testing range that are measured and Peter was only marginally over one of the five bands.
“There are queries over weather the EPO test takes into account racial and genetic differences.
“The leaking of the result from the ‘A’ sample has had disastrous consequences for Peter.
“Sebastian Coe, who is the World Athletic President, defended the public identification of (Bol).
“A positive ‘A’ sample doesn’t establish guilt (so) the whole saga is completely unsatisfactory.
“If Peter Bol wanted to look at his legal options, I would encourage him to do so.”
Bol was a nominee for WA’s Young Australian of the Year at the most recent Australia Day honours but was overlooked due to the positive ‘A’ sample.
Hagipantelis added that the urine and blood testing process was incredibly flawed and required a complete overhaul to avoid a similar situation.
“It is so complicated and convoluted that it did my head in,” Hagipantelis continued.
“Bol chose to have the ‘B’ sample split into two with part of it sent to Cologne (in Germany) and the other part dealt in Australia.
“The testing results have an element of subjectivity because one technician could find the results positive and another technician could find the results negative.
“Sample ‘A’ is subject to a gel test (and sample ‘B’) is an iso-electric focusing test.
“It’s different testing to begin with.”
Bol's suspension has since been lifted due to the inconclusive results but has not officially been cleared to compete.