Patrik Sinkewitz is going to court over his most recent positive doping control and suspension.He cited the lack of information from the World Anti-Doping Agency and differences in the values of the A and B samples.
“Legal action will be taken against the International Cycling Union in the Court of Arbitration for Sport,” his attorney Rainer Cherkeh told Cyclingnews. He will ask that his suspension be overturned.
Sinkewitz tested positive for Human Growth Hormone at the GP di Lugano in April. He was the first cyclist to be suspended for a positive doping control for HGH. He denied having used that or any other product, and later claimed that the UCI falsely told him that “a substance” had been found, when in fact they were actually investigating a blood value.
In a press release issued Wednesday, Cherkeh said that the values for one portion of the control varied 28.97% from the A sample to the B sample. He also said that the same values varied up to 35% between two separate analyses of the B sample, performed using different testing kits. His experts who have analysed the results call this “an excessive difference”.
He also challenged the validity of the tests, and noted that his client has not yet received the lab documents and details which would validate the test methods.
“The scientist and HGH expert working for us showed clearly and in detail that there is not scientifically sure validation data."
In addition, Cherkeh said, the firm which produces the analysis kits says that they may be used “only for research”.
However, the most significant factor “is and remains, that Mr Sinkewitz did not use any artificial HGH and that there is no evidence that he did,” the attorney concluded.
Sinkewitz said that the last few months have been difficult. “Now there is nothing else for me to do but that which I have learned from cycling: perseverance, discipline, endurance. Otherwise you will never reach your goal.”
Sinkewitz previously served a one-year ban after testing positive for elevated testosterone levels. He also subsequently admitted to having used EPO and undergone blood transfusions.
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