Richard Freeman, a former doctor for British Cycling and Team Sky, may attempt to have his testosterone charges dismissed in the medical tribunal currently assessing his fitness to practise.
On Thursday, Freeman's lawyer, Mary O'Rourke QC, indicated that she is poised to make a "half-time submission" based on the claim that the General Medical Council (GMC) that brought Freeman's case cannot substantiate its allegations.
"The GMC has no evidence to support its complaint," O'Rourke said, according to the BBC. If successful, the remaining charges could be dropped in the process, although they would not be filed before the end of next week.
GMC has filed more than 22 allegations against Freeman, but Freeman is contesting only four of them, all related to the supply of testosterone gel to British Cycling and Team Sky's headquarters in June 2011.
Freeman, who previously denied ordering the banned drugs and falsely claimed they were returned to the supplier, admitted in court that he ordered them, but claimed they were to treat Shane Sutton's erectile dysfunction. Sutton vehemently denied the accusation before flying out of court last week.
Of the four allegations at issue, the central one is number 12." You ordered and obtained the test gels a) knowing that they were not clinically indicated for non-athlete staff members and b) knowing or believing that they were to be administered to athletes to improve their athletic performance."
Part b) was redacted before the court was officially opened and previously stated that Freeman ordered the test gel "to be administered to the athlete..."
It had been stated that Freeman ordered the test gel "to be administered to the athlete.
On Thursday, O'Rourke, who had resisted GMC's request for an amendment, argued that GMC had no evidence to substantiate its allegations "even if they were amended."
Once it is decided how Sutton's testimony should be handled, a halftime submission will be issued, which the court is currently debating. Given the manner in which Sutton left the room and the fact that he did not return to submit evidence on the scheduled second day, there is a question mark over how much weight his testimony should be given or considered.
While O'Rourke wants Sutton's evidence destroyed, GMC attorney Simon Jackson QC accused O'Rourke of inciting Sutton's angry departure after she accused him of being a "serial liar" and a "doper with a doping history."
"The nature and tone of the cross-examination was deliberately focused on the doping allegations, not on Testogel," Jackson said, according to the BBC.
O'Rourke described it as "nonsense" and blamed the GMC for not issuing a witness subpoena for him to come back. 'The GMC caused this problem,' he said. He has been led to believe that his attendance was voluntary."
The debate over Sutton's evidence and possible half-time submission continued with another tumultuous day on Wednesday when it was revealed that Freeman had downloaded an article to his laptop about testosterone boosting drugs and the relationship between testosterone levels and endurance exercise.
The trial continues.
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