Richard Freeman's lawyer says claim Team Sky doctor ordered testosterone to boost performance lacks evidence

Dr Richard Freeman’s lawyer will attempt to have the four remaining charges against her client at his medical tribunal thrown out due to a lack of evidence.

Mary O’Rourke QC says she plans to make what is known as a ‘half-time’ submission in the hearing to the effect that the General Medical Council, which has brought 22 charges against Freeman, does not have enough evidence to support its claims.

Freeman accepts 18 of the 22 charges against him at his fit-to-practise tribunal, including that he ordered the testosterone to British Cycling’s headquarters in Manchester in 2011.

But he denies allegations that he ordered 30 sachets of Testogel knowing or believing that it was intended to help an athlete’s performance.

On Wednesday, the tribunal heard that Freeman had downloaded details from a website about testosterone-boosting drugs a month before he ordered the banned product. Freeman, though, insists the testosterone was to treat Shane Sutton’s erectile dysfunction.

In surreal scenes last week, Sutton furiously denied those claims before storming out of the hearing accusing Freeman – who was sitting behind a screen as he is being treated as a vulnerable witness – of being “spineless”.

O’Rourke, who also accused Sutton of being a “serial liar” and a “doper, with a doping history”, now says the Australian’s evidence should not be submitted to the panel because he was an unreliable witness and his evidence only part-heard.

“The GMC has no evidence to support its case, even as amended,” O’Rourke told the hearing on Thursday, adding that the GMC could have issued a witness summons to ensure that Sutton was forced to attend and answer all her questions.

Simon Jackson QC, for the GMC, said that O’Rourke’s aggressive “tactics” had led to Sutton leaving the hearing.

Jackson said: “Sutton indicated that he was not available beyond Tuesday, at which point Miss O’Rourke made allegations against Shane Sutton as a serial liar and doper.

“The nature and tone of the cross-examination was deliberately focused not on the Testogel, but to make allegations of doping.”

O’Rourke said that was “nonsense”. The tribunal will hear from the GMC’s final witness, endocrinologist Dr Richard Quinton, at 12.30pm on Friday. Dr Quinton is expected to answer questions about Sutton’s therapeutic need for testosterone with a decision on Sutton’s evidence likely to be made next week.