Preliminary legal arguments mean ex-Team Sky doctor’s tribunal delayed again

Former British Cycling and Team Sky doctor Richard Freeman’s tribunal has become so bogged down in preliminary legal argument it is unlikely to even start until later this year, Press Association Sport understands.

The hearing was meant to begin at the Medical Practitioners Tribunal Service (MPTS) headquarters in Manchester on February 6 but was immediately adjourned when Dr Freeman’s legal team made a private application to the panel.

The two parties in the case, the General Medical Council and Dr Freeman’s legal team, had been arguing that matter for 14 days when a second application was made on Monday.

In a statement on Tuesday, the MPTS said: “A further preliminary legal argument was raised in Dr Freeman’s hearing yesterday. The previous application that was being made has now paused to allow the new matter to be considered.”

It added that both applications are “private” and an MPTS tribunal “must consider all applications before the allegations against a doctor can be heard”.

There are only five more days scheduled for this hearing and, even if the two applications are resolved on Wednesday, more time will be lost in writing up the decisions and informing the parties.

This means there is almost no chance of either side even starting to make its case, as neither would want to put witnesses under oath for a prolonged and uncertain period of time, so the hearing will have to be relisted.

With diary clashes likely to be an issue, it is possible that the case could be heard in two or more chunks but there is now a very real risk that there will be no conclusion until next year.

This means the speculation surrounding the case will continue throughout the cycling season, casting a shadow over Team Sky boss Sir Dave Brailsford’s hopes of finding a sponsor to replace the broadcaster when it pulls out at the end of the year.

Dr Freeman is facing several misconduct charges but the most serious is related to a delivery of testosterone, a performance-enhancing drug banned by the World Anti-Doping Agency (WADA), to the National Cycling Centre in May 2011, which he then allegedly tried to cover up.

The GMC, his regulatory body, claims Dr Freeman obtained the 30 sachets of Testogel “to administer to an athlete to improve their athletic performance”, a charge that would send shock waves through British cycling if proven.

The man at the centre of cycling’s ‘Jiffy bag scandal’, which relates to a different controversial delivery, Dr Freeman resigned from British Cycling in October 2017 rather than face disciplinary action for poor record-keeping.

He also failed to appear before a parliamentary inquiry into the Jiffy bag issue in December 2016 and did not show up to give evidence on behalf of former GB track sprinter Jess Varnish at her employment tribunal in December.

Dr Freeman, however, has denied all doping charges in the past and his legal team says he wants to defend himself against the threat of being struck off.