Dr Richard Freeman’s legal team says evidence scuppered by Shane Sutton walkout
Dr Richard Freeman group have claimed because main witness Shane Sutton stormed out of their hearing, evidence can not be used by them from Olympic gold medallist Nicole Cooke in defence of the previous British Cycling medic.
Freeman’s defence adviser Mary said she had the acceptance, among others, of the unnamed 2002 Commonwealth Games gold medal-winning fisherman earlier this month to place evidence under cross-examination to Sutton.
It’s known that that athlete is Cooke, winner of the street race in 2008 Beijing Olympics and the 2002 Commonwealths, who has been publicly critical of Sutton.
Debates about whether the testimony of Sutton should be inadmissible at the fitness to practise hearing Freeman took up much of Monday at Manchester.
Freeman is charged with ordering testosterone gel in May 2011 knowing or thinking it had been for use by an athlete to improve functionality.
He asserts into ordering the testosterone from Sutton to treat he had been bullied and denies this.
Freeman team are currently trying to have the signs of Sutton thrown out since the Cycling technical manager refused to return for additional cross-examination having walked claiming O’Rourke was bullying him.
O’Rourke said she had the acceptance of 3 individuals with proof about Sutton who were prepared to be identified, one of whom had been an”former 2002 Commonwealth Games and Olympic champion… and Shane Sutton had been her mentor”.
“There has been a considerable amount of cross-examination that was to come. I had the substance to back up this. I have signed witness statements,” she informed the hearing.
“If you were to allow that proof in on the grounds of’oh, well he turned up, sat in the witness box, then introduced his announcement gave us an hour of cross-examination’, you would be placing an extremely regrettable precedent in this tribunal.
“In future, some witness who didn’t enjoy the challenges and questions, you’d send the message out it’s possible to compose a witness statement, develop and walk outside.
“You would be causing ructions so far as the defence is concerned and causing lots of defence lawyers running off to find that a High Court judge.
“The defence case is that his [Sutton’s] evidence to date ought to be totally discarded.
“I say they’ve left him the only and decisive witness, they strongly placed Mr Sutton in the forefront. In conclusion, without Sutton’s evidence… the entire thing falls apart.”
Simon Jackson QC, for the General Medical Council, defended Sutton’s decision not to come back to the hearing given evidence on November 12.
Jackson refused claims they should have done more to compel the witness to make himself readily available for.
“The GMC entirely rejects any criticism of anyone from the GMC,” he said. “Mr Sutton’s evidence was obtained and has a number of the cross-examination.
“The GMC submit his proof cannot be struck from the record in part or whole.
“The GMC accept Mr Sutton’s death was not because of illness or anxiety but as a direct and predictable result of Ms O’Rourke’s cross-examination.
“(He was) set in the public shares as it had been Ms O’Rourke (saying) that Mr Sutton is a’serial liar, a doper using doping background’.
“GMC submit this kind of improper remark set the witness under considerable pressure until he gave evidence.
“We submit you need to reject the software because of his proof not to be confessed and that you should let this proof stand and think about any program in the half-time.”
Thursday expects A decision on if the evidence of Sutton will be admissible.