Dr Richard Freeman’s legal team had evidence from the Olympic gold medallist Nicole Cooke that they wanted to put to Shane Sutton before he stormed out of a heated cross-examination two weeks ago, a medical tribunal was told on Monday.
Freeman’s defence lawyer, Mary O’Rourke, made the claim as the Medical Practitioners Tribunal Service in Manchester discussed whether the evidence of Sutton, the former head coach of British Cycling and Team Sky, should be admissible.
O’Rourke insisted it should be discarded – adding that if the tribunal agreed with her the remaining four charges against Freeman, a former Team Sky and British Cycling medic, would “fall apart”.
Freeman is charged with ordering testosterone gel in May 2011 knowing or believing it was for use by an athlete to improve performance.
He denies this and claims he was bullied into ordering the testosterone by Sutton to treat his erectile dysfunction, which Sutton denies.
“There was an extensive amount of cross-examination that was to come. I had the material to back it up. I have signed witness statements,” O’Rourke told the hearing. “I say they have made him the sole and decisive witness, they firmly placed Mr Sutton at the forefront. In conclusion, without Sutton’s evidence ... the whole thing falls apart.”
Simon Jackson QC, for the General Medical Council, defended Sutton’s decision not to return having initially given evidence on 12 November – and said that his evidence should not be struck from the record.
“The GMC accept Mr Sutton’s departure was not due to illness or anxiety but as a direct and foreseeable consequence of Ms O’Rourke’s cross-examination,” he said. “He was put in the public stocks as it were by Ms O’Rourke [saying] that Mr Sutton is a ‘serial liar, a doper with doping history’. The GMC submit such an inappropriate comment put the witness under significant pressure before he gave evidence.”
A decision on whether Sutton’s evidence will be admissible is expected by Thursday.
