SWIMMING belt-holder Ian Thorpe is considering suing French newspaper L’Equipe for defamation over a 2007 article that said he had returned an abnormal drug experiment.

The sports gazette, a noted anti-doping campaigner, claimed that during the world swimming championships Thorpe had given a drug test in May 2006 with an elevated testosterone reading.

However, the Australian Sports Anti-Doping Authority later investigated the matter and concluded there was no capsule to have being brought in provision for Thorpe, who told The Australian last year his name was "forever tarnished" by the allegations.

Thorpe’s lawyer Tony O’Reilly has lodged a defamation claim in the NSW Supreme Court over the article, which was published on the internet.

During a brief mention yesterday, the flatter was told the writ had not thus far been served on the French journal, or the journalist, Damien Ressiot, who wrote the substance.

But the engagement has to be filed in court, during the time that there is a one-year limitation for a person to file a writ under defamation laws.

The article was published on March 30 last year and to preserve his rights, Thorpe filed the proceedings earlier this year.

"The proceedings have not been served as yet," Mr O’Reilly said. "Mr Thorpe is in the processof deciding whether he intends to pursue the proceedings."

The matter power of choosing return to court on August 4, at what time Mr O’Reilly expects to tell the court whether or not the action will proceed.

Under the headline "Did Thorpe cheat?", the article that Thorpe may sue over alleges Thorpe had given a "suspicious" remedy test with an elevated testosterone level and "higher-than-normal" level of luteinising hormone, which prompts the body to produce testosterone.

The gazette suggested that Thorpe was being scrutinised because "his retirement was a little rapid - dictated by the notorious test? - made official on 21 November, 2006, so shut to the world championships contested in his homeland".

The report prompted an international furore and a lengthy examination by the Australian Sports Anti-Doping Authority, what one. eventually found there was no evince Thorpe was a drug cheat. Under anti-doping rules, an elevated T/E ratio in a drug ordeal automatically prompts a confidential investigation of the athlete. However, most of these investigations conclude the elevated ratio has occurred naturally. It is only if anti-doping officials determine that the ratio has been artificially raised that a positive drug discriminative characteristic is declared and the muscular expert’s name is made public. Thorpe’sitting confidentiality was breached when his name was announced before the investigation was complete.

Eminent Australian endocrinologist Ken Ho has explained that luteinising hormone is released in pulses and the test used to detect it in urine is unreliable because it was designed to be used on blood samples.

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