A showjumper and his “trainer” who used hind boots with nails on a horse – then tried to cover it up by throwing the boots in some bushes – have had their appeals rejected.

In February H&H reported that Essam Zbibi, a British-registered rider based in the UAE, and Hicham Gharib, had been found guilty of horse abuse by the FEI Tribunal in relation to gelding HH Sigma at a CSI3* show in Abu Dhabi in February 2021.

The pair were reported to the FEI after officials at the show saw HH Sigma react “excessively” when a groom put hind boots on him. The chief steward was called and when he attended, Ghraib was seen taking the boots off and “running to the side of warm-up”, where he threw the boots “into the brush/shrub area”. The chief steward retrieved the boots, which each contained a “nail/sharp object” with “blood around the area”.

During the Tribunal the FEI said it believed the boots were “constructed and designed in advance, showing intention and pre-planned abuse” – and the main intention of the “pins” was to cause pain and unnecessary discomfort to the horse so HH Sigma would lift his hind legs abnormally – and “win advantages in competition”.

In his defence Zbibi told the Tribunal that marks found on HH Sigma were owing to an allergy, and he was “certain” the wrong boots were handed to officials. He also claimed Gharib was not his trainer.

Gharib denied all allegations and claimed he was not in the warm-up as a trainer or support personnel. He said he removed the boots “as a favour” and did not recall seeing “nails or blood”. He added he had never been involved in horse abuse, the wellbeing of horses has always been his priority, and the allegations could cause “irreparable harm”.

The Tribunal found Zbibi’s behaviour amounted to “clear abuse” and “maltreatment” – and based on the case material, that Gharib “assisted and encouraged” the abuse. The Tribunal believed Gharib’s attempts to throw away the boots constituted a “separate and clear breach” by trying to “cover up” the violation.

Zbibi was suspended for four years from the date of the decision, fined 10,000 CHF (£7,969), and ordered to pay 2,000 CHF (£1,593) costs. Gharib was suspended for one year, fined 5,000 CHF (£3,984) and 2,000 CHF costs.

The pair appealed the decisions to the Court of Arbitration for Sport and yesterday (6 July) the CAS panel dismissed both cases – and confirmed the FEI Tribunal’s decision. Zbibi and Gharib must now pay an additional 5,000 CHF (£4,284) each towards the FEI’s legal fees and expenses incurred during CAS proceedings.

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A senior figure in endurance who admitted to using a vet’s stamp to falsify horse passports has had his suspension reduced by the Court of Arbitration for Sport – as flaws in the FEI vaccination system are highlighted.

Trainer Pierre Arnould, former Belgian endurance national team leader and member of the FEI endurance committee, used FEI vet Peter Wijnendaele’s old stamp and added a forged signature to four horses’ FEI passports – including Sonschein, who participated in the 2018 World Equestrian Games. In April 2020, Dr Wijnendaele discovered that a Belgian horse’s passport contained his name and stamp, years after 2005, when he had left Belgium. He found further instances of his stamp being used in horse passports, and informed the FEI. In October 2020 Arnould was told of FEI disciplinary proceedings relating to four endurance horses whose passports showed vaccinations between 2017 and 2018.

During a FEI Tribunal hearing in March this year the FEI stated the horse passports were “unlikely” to be the only ones falsified and claimed the organisation had evidence of further cases. Arnould submitted that he had never been subject to any sanction during his equestrian career, highlighted that he was a member of the FEI endurance task force from 2007 to 2009 and argued the case against him was “driven by people motivated by jealousy of his achievements”.

The Tribunal suspended Arnould for 20 months for fraud and conduct that brought the FEI and or equestrian sport into disrepute. He was fined 5,000 Swiss francs (£3,917) and ordered to pay 7,000 francs (£5,485) toward FEI legal costs.

In April Arnould lodged an appeal with CAS, in which he asked for the duration of the suspension and the fine to be reduced. He also asked for the suspension to be postponed, pending CAS’s decision and for the order to be amended to allow him to attend equestrian events as a spectator.

At a CAS hearing on 25 October Arnould argued the sanction was “not proportionate” in comparison to comparable decisions ruled by CAS or the Tribunal. He believed the FEI wanted to “set an example” and “definitively rule him out” from the FEI where he is “influential”. Arnould argued the Tribunal’s decision violated his right of defence because the Tribunal “is not impartial”, the original hearing should have been held in French – his preferred language – instead of English and the decision failed to address any of the legal arguments made by him.

The FEI requested CAS dismiss the appeal in its entirety and order Arnould to pay the arbitration costs as well as a contribution to the FEI’s legal fees and other expenses incurred in connection with the CAS hearing. The FEI argued Arnould had not offered any defence to the charges, adding “it was not even in dispute he knowingly and deliberately falsified the passports”. The FEI said if Arnould wished to claim the horses were vaccinated, he must bear the burden of proving that but he has offered no evidence to support this claim.

The CAS panel stated the main issue to be resolved was whether the sanction and fine imposed on Arnould was proportionate.

“Indeed, the appellant [Arnould] does not deny he knowingly and deliberately falsified the FEI passports, but claims that the sanction is not proportionate in comparison to similar facts before the CAS or the FEI Tribunal,” said the panel.

The panel noted there were no consistent FEI Tribunal precedents regarding the length of suspension imposed upon cases involving similar violations, and found several mitigating factors; it was Arnould’s first violation of FEI rules, and he had successfully passed all veterinary checks at the competitions he attended with the horses, which “highlights the defects of the vaccination system currently implemented by the FEI”.

Neither Arnould or the FEI was able to establish with a “sufficient degree of certainty” the vaccination status of the horses relating to the disciplinary proceedings, and while the CAS panel considered the financial advantage Arnould would have had from avoiding bi-annual vaccinations, this was “much less” than the risk incurred for the welfare of the horses and his own career. The panel understood the importance of vaccinations and compliance with the rules, but said the FEI vaccination system as it currently exists is “insufficiently robust” and “should be improved to make it more reliable”.

“The FEI could impose the use of the vaccination stickers in the horses’ passports, in addition to the stamp and signature of the veterinarian. This would also allow a better tracking of the vaccination of horses and would make the veterinary checks at competition more reliable,” said the panel.

“This system could also be modernised by computerising it. For example, the information relating to the horse vaccination, could be included directly in the horse’s microchip. This would ensure horses are properly vaccinated and that the vaccination is performed by competent veterinarians.”

The panel was satisfied Dr Wijnendaele voluntarily left his stamp with Arnould, and was a very close friend at the time. The vet had previously stayed at Arnould’s home during trips to Belgium and provided two horses to Arnould’s daughter and accompanied her as a groom at the 2014 World Equestrian Games.

The panel partially upheld Arnould’s appeal. The panel ruled his suspension should be reduced to 14 months and considered this to be proportionate and “struck a balance” between Arnould’s conduct, the mitigating factors, the fact he used a vet’s stamp in violation of the rules and that he is an “emblematic figure” in endurance – and therefore responsible for setting an example by complying with regulation. Following the suspension, Arnould may attend FEI events in any capacity. The fine of 5,000 Swiss francs was upheld owing to being “reasonable in light of the procedure”.

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A top showjumper will not be allowed to compete at the Tokyo Olympics owing to an alleged “administration error” in the registration of his horse.

Israeli showjumper Daniel Bluman was on the country’s team that secured Olympic qualification and had been hoping to compete in Tokyo. But behind the scenes it was “recently” noticed Daniel’s mare, Gemma W, was registered under the incorrect nationality.

Under FEI Olympic rules, horses must have been registered with the FEI as property of owners of the same nationality as the athlete by 15 January of the year of the Games.

On 18 May Daniel contacted the FEI to request the database was updated but the FEI said changes could only be processed by the administering national federation – in Gemma’s case the Belgian federation, with which she was first registered. Daniel asked the federation to urgently update Gemma’s nationality, which it did, but did not change Gemma’s ownership – which appears as Blue Star Investments. According to Daniel, on 25 May the Belgian federation asked the FEI to backdate the mare’s change of nationality and Daniel alleges the FEI refused to, in a decision issued to the Belgian federation on 26 May. Daniel appealed the FEI decision to the FEI Tribunal on 2 June.

Daniel told the Tribunal he became aware of an “administration error” – the FEI database showed Gemma W’s nationality as American. This should have been Israel; Daniel had always been Gemma W’s sole owner and the mare has no sporting links to the US.

Daniel claimed the confusion around the mare’s nationality stemmed from his use of the pseudonym “Blue Star” when registering horses. He said Blue Star is not a company, holding group or syndicate, and the name “reflects his attachment to the Israeli flag”. On noticing the error he contacted US Equestrian and asked for the error to be corrected. But the FEI advised USEF that because this had not been changed before the deadline, Gemma could only compete with a US rider at Tokyo.

The FEI submitted to the Tribunal that Daniel received a clear and valid decision on 19 April that Gemma would not be eligible to compete for Israel at the Games – and the rider should have appealed this decision within 21 days. The FEI said the rules are clear and do not conflict with each other, as Daniel claimed, and added that all national federations received reminders about the deadline. The FEI did not accept Daniel’s position that this was an administration error, and said Gemma’s nationality had appeared as American for almost four years.

The FEI said Daniel’s claim that Blue Star Investments is a pseudonym is “not credible or consistent” with his conduct and dealings with his other horses. Gemma is not registered as “Blue Star” but “Blue Star Investments”, which is registered as a corporation on the FEI database. The FEI added that the rider’s theory is also “not credible” because his ownership of his horse Ladriano Z is split between Daniel, Blue Star Investments, and another stable – so Blue Star Investments is a different entity from Daniel. The rider is listed as one of two “authorised persons” for a company called Blue Star Equestrian LLC, registered in Florida, and the FEI claimed this “only adds to the confusion” about the Blue Star pseudonym and Blue Star Investments.

The FEI referred to an article that refers to Daniel’s success being down to his supporters that either co-invest or co-own horses with him. Daniel was also quoted as saying: “There is Blue Star Investment, the original group we founded ourselves and that different people have been part of over the years and invested in. Everyone involved in this group has made profits, and that is something I’m very proud of.”

The FEI said it must apply the rules in question “extremely strictly” and with “100% consistency”, adding that the rider is not the first person to miss the 15 January deadline. The FEI asked the Tribunal to declare the appeal invalid on the basis it was lodged after the deadline, or dismiss the appeal in its entirety.

The Tribunal acknowledged that proper registration on the FEI database is paramount to the FEI because the FEI is not the entity responsible for inputting a horse’s nationality. This is the responsibility of the national federations and athletes. The FEI relies on its database to ensure the rules are complied with. The Tribunal agreed with the FEI that there was no conflict between the two rules and the intent of them is to create a “level playing field” as well as ensure equal and fair treatment among all national federations and athletes.

The Tribunal took into account that Daniel had owned Gemma for over five years and never checked her ownership status on the FEI database until it was too late, and Daniel’s explanation of Blue Star Investments was “unclear to say the least”.

The Tribunal ruled that the appeal was admissible but dismissed it, and the FEI decision was upheld.

On 30 June, Daniel said he was “extremely disappointed” with the FEI.

“I felt disrespected, treated as if I was a liar, deceitful, and wrong intended. I truly believe FEI and riders should work together for our sport. [It] certainly didn’t feel like that on my first experience with the FEI,” he said.

“I want to thank everyone that supported me on the journey to Tokyo and I will be cheering for Team Israel.”

An FEI spokesman told H&H the organisation “understands Daniel’s disappointment”.

“It is unfortunate he missed the deadline to ensure his horse met the nationality requirements, despite the clear reminders issued by the FEI in advance of the deadline,” said a spokesman.

“This rule is based on fairness and transparency and is not simply a formality. The rule does not provide for exceptions, and it must be applied consistently to all national federations, athletes and horses to ensure a level playing field.

“Mr Bluman had a full right to be heard and all his legal rights were respected at all times. He was granted an expedited hearing before the FEI Tribunal and his request for provisional relief before the Court of Arbitration for Sport (CAS) was also expedited. Mr Bluman’s request to CAS for provisional measures suspending the effect of the FEI Tribunal decision, was also dismissed on 30 June.”

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H&H finds out what the Court of Arbitration for Sport ruled on the case, and what the reactions of the FEI and welfare experts were to the decision

THE FEI and World Horse Welfare have both been disappointed by the overturning of a record ban given to the rider of a horse who suffered a fatal injury in competition.

The Court of Arbitration for Sport (CAS) has eliminated all sanctions — a 20-year ban and a fine of 17,500 Swiss francs (£14,500) — given by the FEI Tribunal to UAE endurance rider Abdul Aziz Bin Faisal Al Qasimi last year, ruling that the burden of proof of horse abuse had not been sufficiently met by the FEI, so no sanctions for horse abuse could be imposed.

H&H reported on the Tribunal’s findings (news, 18 June 2020) on the case of Castlebar Contraband, ridden by Al Qasimi in a CE1* at Fontainebleau, France, in October 2016. The 10-year-old gelding sustained what the event organiser described as “the worst fracture I have ever seen”. Castlebar’s leg, the attending vet said, was “only hanging from the skin and ready to fall off”.

Post-mortem samples from the horse showed the presence of controlled medication xylazine, used as a sedative, analgesic and muscle relaxant but prohibited in competition. The substance, which is rapidly excreted from the body, is known to be used in endurance to lower the heart rate.

The FEI Tribunal accepted the treating vet’s statement that she had followed standard protocols, which do not include use of xylazine, in putting the horse down, denying the defence claim that the drug had been used in the process.

The post mortem found “multiple lesions with a highly targeted location, consistent with recent injections”, which the FEI said showed that the horse had been nerve-blocked in training, before and during the competition.

The FEI’s view was that this desensitisation, in combination with osteoarthritis in the right front fetlock, led to stress fractures that caused the catastrophic injury. The Tribunal was “comfortably satisfied” that the horse had been nerve-blocked during the event, which “likely caused pain and unnecessary discomfort”.

But the CAS panel ruled that neither the rider nor his vet could have “reasonably detected” alleged bone fatigue in the horse.

“Despite extensive veterinary evidence presented by the FEI and its expert witnesses, the panel found there was no proof the horse had been nerve-blocked or abnormally desensitised in competition,” an FEI spokesman said.

The CAS panel said as the horse had passed the horse inspection the day before the event, and the vet checks during the competition, it could not be ruled as unfit to compete. The panel found the FEI had failed to establish that the athlete competed on an exhausted, lame or injured horse or committed “an action or omission which caused or was likely to cause pain or unnecessary discomfort to a horse”.

FEI secretary general Sabrina Ibáñez said: “Although we respect the CAS decision, we are extremely disappointed. The FEI has to stand up for horse welfare and clamp down on horse abuse, and the FEI endurance rules have been improved from a welfare perspective since this case.”

FEI veterinary director Göran Åkerström said the FEI is “incredibly frustrated” to have lost the case, but that the incident was a main driver for the development of the FEI’s hyposensitivity control system, which provides physical evidence of nerve-blocking.

“The CAS decision has resulted in a system that is already being used and which will help prevent similar tragic injuries in the future,” he said.

World Horse Welfare CEO Roly Owers said the charity is “bitterly disappointed” by the decision. “The one positive that has evolved since this case is the development of better methods of detecting physical evidence of nerve-blocking which will hopefully help to deter this dreadful practice and benefit horses in the future by preventing similar tragic and unacceptable losses,” he said.

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The Court of Arbitration for Sport has ruled on a sensational case involving shows, ranking points and Olympic places. H&H fids out more, and speaks to lawyers for those involved

A RIDER has regained her Olympic showjumping slot in the latest twist of an incredible saga concerning shows and points.

The Court of Arbitration for Sport (CAS) has upheld the appeal of Sri Lankan Mathilda Karlsson, the Sri Lankan federation and Romanian showjumper Andrea Herck against the FEI’s decision to annul results from shows at Villeneuve-Loubet, France, between December 2019 and January 2020.

H&H has reported widely on the fiasco; classes were added to the event schedules after the definite entry deadline, and the additions approved by the FEI and the French federation. Some of the shows included Olympic and Longines world rankings points classes with entries confined to a handful of riders.

The FEI investigated and found the updated schedules were “mistakenly approved”. Their results’ annulment meant Ms Karlsson lost points and dropped out of Olympic qualifying. Her appeal was dismissed by the FEI Tribunal but has now been upheld by CAS.

Rankings have now been recalculated and Sri Lanka regains its individual place for Tokyo. Hong Kong, which had been allocated the slot for jumping after the annulment, is now the first reserve in Group G for Tokyo.

In its ruling, the CAS panel noted that the “protection of the integrity of FEI’s events and competitions will be much more effective if they may also be cancelled retroactively, because, in many cases, the circumstances giving rise to integrity or ethical issues (such as betting, bribery or match fixing) will only become known through information that transpires as late as during or after the event”.

The panel confirmed the FEI has the power to remove events retrospectively, but that its rules do not allow the federation to “retroactively rectify mistakes which entirely stem from its own sphere”, referring to “human error” at the FEI that had led to approval of the updated schedules.

The panel found that as the FEI had failed to establish “justified circumstances” for the removal of the competitions, the prerequisites of the relevant rule were not fulfilled so the FEI decision, and the decision of the FEI Tribunal, are unlawful and must be reversed.

“This is a very disappointing result, but we respect the decision as we knew mistakes were made and the CAS decision is based on that,” FEI secretary general Sabrina Ibáñez said. “When we decided to annul the Villeneuve-Loubet results to do the right thing from a sports integrity perspective, we knew there was a possibility we could lose this case on appeal, but agreed it was a risk worth taking.

“We have been proactive in addressing the issues and in February 2020 implemented the online invitation system for FEI jumping events that introduced a quota system for CSI2*, but the rules were not in effect at the time of the events in question.

“In addition, organisers of CSI2* events that wish to include competitions counting for the Longines Rankings must now invite a minimum of 50 athletes and the FEI is also reviewing the scale of Olympic ranking points based on the number of participants in competitions.”

British Olympic dressage rider Richard Davison, who has previously spoken of his concerns over the FEI Tribunal system (news, 15 October 2020) told H&H the FEI’s actions, and the decision of the FEI Tribunal, had “always seemed wrong to me”.

He added: “A regulatory governing body that admits to a lack of diligence should not impose punitive sanctions on the athletes affected by the consequence of such errors. The standard of remedy for the athletes should be the same as in any civil law procedure and this is what the CAS decision has achieved.”

Ms Karlsson’s representatives, Mr Luc Schelstraete and Mr Piotr Wawrzyniak of the Dutch Schelstraete Law Firm, observed that the FEI cannot hold other parties responsible for its own errors, and that riders cannot be expected to suspect mistakes in schedules approved by the national and international federations.

The lawyers said: “This is a landmark decision for equestrian sports as it illustrates that the FEI’s discretionary powers are limited, and that the FEI needs to observe utmost care in approving equestrian events where ranking points are to be earned. All this is for the benefit of the riders.”

The Villeneuve-Loubet organiser was cleared of any wrongdoing.

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The Court of Arbitration for Sport (CAS) has ruled the United Arab Emirates (UAE) national federation will remain suspended from FEI membership until 31 December 2020 – as a reduced suspension on endurance activity is confirmed.

On 24 September the federation was suspended by the FEI from all activities across any FEI discipline until the end of the year. The sanction followed a detailed investigation into the circumstances around two national endurance events in January and February 2020 – the Sheikh Mohammed Cup and The President’s Cup.

Under FEI rules, national events must be limited to no more than four national federations and/or no more than 15 foreign athletes, apart from “athletes living outside their country of nationality”. The investigation led by international law firm Bird & Bird LLP, found 93 foreign athletes from 24 different national federations participated in the Sheikh Mohammed Cup, and 88 riders from 21 federations in the President’s Cup.

Following an appeal by the UAE, a two-day hearing was held by CAS on 12-13 November and yesterday (17 November) CAS ruled the federation’s suspension remains in place until 31 December. The FEI had suspended UAE endurance until 31 March 2021, but the CAS ruling means endurance can now resume from 1 January 2021.

The suspension affects any UAE events, including national, which become “unsanctioned events” during the suspension period. Any FEI athlete, horse or official found participating in an unsanctioned event will be liable to a period of ineligibility of up to six months.

“We welcome today’s CAS decision confirming a violation of the FEI rules occurred which warranted a full suspension of the UAE national federation’s membership across all disciplines and significant financial penalties”, said FEI president Ingmar De Vos.

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“We are grateful to CAS for expediting the hearing of this appeal so that we are able to provide clarity to our community on the issue prior to the FEI general assembly next Monday (23 November).”

CAS ruled 25% of the prize money awarded at the Sheikh Mohammed Cup and 5% of the prize money awarded at the President’s Cup must be paid to the FEI, plus organising dues that would have been payable to the FEI had the events been held as CEIs. The FEI Board had ruled that 50% of prize money for the Sheikh Mohammed Cup and 10% for the President’s Cup was to be paid, in addition to the organising dues.

“At the request of the parties and in order to fast track the ruling, CAS provided today’s decision without the full rationale, which will be provided at a later date,” said an FEI spokesman.

In September the UAE expressed its deep regret about the suspension. A statement said the organisation follows the principle of transparency with the FEI, and had translated the FEI endurance rules into Arabic at the beginning of the year, making them easier for owners, trainers and riders to understand. It added that the events were run according to endurance rules without any violation of international or local rules.

Horse & Hound magazine, out every Thursday, is packed with all the latest news and reports, as well as interviews, specials, nostalgia, vet and training advice. Find how you can enjoy the magazine delivered to your door every week, plus options to upgrade to access our H&H Plus online service which brings you breaking news as it happens as well as other benefits.

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An endurance rider who competed a horse with a “cocktail” of drugs in his system, blamed the positive test results on an operation he claimed he was unaware the horse had undergone days earlier.

Moro Tianko, trained and ridden by Saudi Arabian Mohammed Alalewi, tested positive for prohibited substances following the CEI2* 120km Al Ula on 2 February 2019. The gelding’s blood sample tested positive for banned substance tolfenamic acid (an anti-inflammatory drug with analgesic effects) and controlled substances lidocaine (a local anaesthetic used in the treatment of some skin diseases), flunixin, diclofenac, phenylbutazone and oxyphenbutazone (anti-inflammatory drugs with analgesic effects).

The FEI notified Mr Alalewi on 4 March 2019 of the findings and he was provisionally suspended until further notice pending a preliminary hearing at the FEI Tribunal. Moro Tianko was also provisionally suspended for two months. The rider was informed of his right to request an analysis of a B sample, which he did not do – and he did not challenge the results of the A sample.

On 6 March Mr Alawlewi submitted a “short” statement to the FEI alleging “he did not know the horse had an operation days a few days before the race”, and that the horse “took some treatments and medications that appear in the analysis”. He apologised and said he had regret for the “unintentional mistakes” and said these would not be repeated.

Under FEI rules, if there has been a violation involving both a banned substance and a controlled medication in a sample from the same horse at the same event, the person responsible shall be considered to have committed one doping rule violation and the sanction will be imposed based on the banned substance. Therefore the FEI charged Mr Alaweli based on the presence of the tolfenamic acid.

In a submission to the Tribunal the FEI stated Mr Alalewi did not corroborate his statement with any reliable evidence such as the horse’s medical records, log book indicating the date of operation or information on where the operation took place, or the exact names of the medications administered to the gelding and their purpose.

The FEI stated that to accept a “simple statement” as proof would undermine the whole anti-doping system and efforts to eradicate doping in the sport, adding that banned substances are never found in competition horses because they are substances with no legitimate use and have a “high potential for abuse”.

The FEI submitted Mr Alalewi had failed to establish on a balance of probability the “threshold requirement” of how the prohibited substances entered the horse’s body.

It was also stated by the FEI that as Mr Alalewi was the trainer and the rider of the horse, it was difficult to believe he would not have been aware of an alleged operation as any operation would have a “crucial impact” on the horse’s training and competition schedule. The FEI added, assuming this “highly improbable scenario” took place, Mr Alalewi’s lack of knowledge of a “supposed operation” amounted to a “flagrant breach” of his duty of care as a trainer.

Under FEI anti-doping rules, cases that present aggravating circumstances can carry an increased period of ineligibility of up to a maximum of four years – unless the person responsible can prove to the satisfaction of the Tribunal that they did not knowingly commit a violation.

The FEI submitted that a number of aggravating circumstances were present in this case, namely the analysis of the blood sample finding five different prohibited substances and Mr Alalewi not establishing the source.

Other aggravating circumstances submitted by the FEI were that the horse tested positive for several anti-inflammatory drugs which in combination “could be damaging to the horse’s organs such as the liver or kidneys”, and if there was an operation, sedation would normally be used (which carry around 48 to 72 hours detection time) – and no sedatives were found in the sample.

It was submitted by the FEI that without any “specific evidence to the contrary” for the presence of the prohibited substances, this suggested “intentional administration”. It was explained by the FEI that in endurance, trainers are key decision-makers for the horse and it was therefore “impossible to claim that a cocktail” of prohibited substances would have been administered without the trainer’s knowledge.

Article continued below…

FEI contamination warning: another horse’s positive dope test caused by groom’s urination

The groom confirmed on the day of the event he had urinated “close to the horse” and inside the trailer

Rider blames horse licking show staff member’s hands for positive dope test

The rider said staff at the event were not properly instructed or supervised

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The FEI recommended that owing to these factors, an increased ban of three years be imposed – adding that Mr Alalewi’s provision suspension period already served to be credited against this. A fine of 10,000 CHF (£8,426) and 2,000 CHF (£1,692) costs was also recommended.

On 4 November the Tribunal found Mr Alalewi’s theory that the prohibited substances were the result of an operation is “mere speculation”, adding that his lack of knowledge of the operation is “suspect”. As a result, the Tribunal decided the trainer had not established on a balance of probability how the tolfenamic acid entered the horse’s system.

The Tribunal considered the aggravating circumstances and given the “totality” of these, the Tribunal agreed with the FEI’s recommendation of a three-year ineligibility period and the recommended fine and payment of costs. The parties may appeal the decision to the Court of Arbitration of Sport within 21 days.

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Riders and grooms should be aware of the risk of contamination from human urine the FEI has warned yet again, after another horse tested positive for a prohibited substance proven to be caused by a groom urinating in a horsebox.

Chilean Paula Llorens Clark’s ride S H Sciro tested positive for o-desmethyltramadol (a metabolite of tramadol) following the CEIYJ2* 120 event in Llay Llay, Chile, on 30 March 2019.

On 15 May 2019 the FEI notified 22-year-old Paula of the result and she was provisionally suspended for two years, with a provisional suspension of two months also given to the gelding.

The rider identified the source of the prohibited substance, by human to horse contamination by urination, from her groom who had been prescribed tramadol by his doctor, three times daily for seven days.

In a declaration to the FEI the groom confirmed on the day of the event he had urinated “close to the horse” and inside the trailer on several occasions where grass was stored. This was given to the horse on the day of the event. The groom said the gelding also had access to areas that were not disinfected and were contaminated with his urine, so the horse had “most likely” ingested contaminated grass.

The FEI consulted with its external expert, who confirmed the plausibility of the source, and in a preliminary decision on 12 August the FEI Tribunal lifted the rider’s suspension. On 9 September the FEI submitted a settlement agreement, signed by the FEI and Paula, to the Tribunal.

In a witness statement provided by Paula to the Tribunal she provided background of her riding experience and commitment to horse welfare and said she was “shocked” her horse has returned an positive test as she is aware of the risks of contamination. She added that to avoid these risks, she has procedures to avoid contamination at her stables. She explained to her support team the importance of following the procedures at the stables and when travelling to events.

The FEI said all riders and grooms should be aware of the risk of contamination from urination in horses’ stables, especially when the rider or support personnel is taking prohibited substances prescribed by a doctor.

Article continued below…

Driver urinating in horsebox caused positive dope test: showjumper’s suspension lifted

The European team bronze medal-winning showjumper’s horse had tested positive for a metabolite of tramadol, at a CSI3* event in

Rider blames horse licking show staff member’s hands for positive dope test

The rider said staff at the event were not properly instructed or supervised

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“Such behaviour should always be avoided and can be prevented through the responsible person’s management of procedures to avoid a positive test. The FEI has warned about the risk of contamination via the FEI clean sports notice on reducing risks of contamination, through urination and any person responsible, groom or other support personnel should inform themselves about such risks,” said an FEI spokesman.

In the agreement Paula admitted the violation of the equine anti-doping rules and waived her right to a final hearing. The FEI was satisfied she had established on a balance of probabilities how the substance entered the horse’s system and that she bore no fault or negligence for the rule violation. Paula will not serve any period of ineligibility, but her results from the event are disqualified.

In a final decision issued on 19 October 2020 the Tribunal ruled that the agreement between the FEI and Paula was approved. This decision is subject to an appeal at the Court of Arbitration for Sport within 21 days.

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Lawyers who have represented a number of riders in cases involving the FEI have raised concerns about the appeals process, while British dressage rider Richard Davison asks whether a form of mediation would be a better solution. H&H finds out more...

CRITICISMS have been levelled at the FEI appeals process, with concerns over the structure and questions about its independence.

The case of Sri Lankan showjumper Mathilda Karlsson – who lost Olympic ranking points, and her country its individual Tokyo spot, after an FEI investigation – has led to riders and lawyers speaking up.

Ms Karlsson’s appeal against the FEI’s decision to remove classes held at Villeneuve-Loubet from the ranking points was dismissed by the FEI Tribunal (news, 25 June). The classes had been added to schedules after the definite entry deadline, but the additions were approved by the FEI and the French federation.

Their removal meant Ms Karlsson lost points and dropped out of Olympic qualification.

Her lawyers, Piotr Wawrzyniak and Luc Schelstraete of Dutch firm Schelstraete, have represented a number of clients in cases involving the FEI.

“We think the structural approaches of the FEI are not right, in more than one area,” Mr Schelstraete told H&H. “We’ve had a number of experiences that raise serious concerns.”

Mr Schelstraete said one issue is the fact everything to do with each case is kept confidential; so if a decision is not published on the FEI’s website, as not all are, nothing to do with it may be cited in another case.

Mr Wawrzyniak said: “It’s about an objective and professional approach towards stakeholders, which the FEI seems to lack.”

Mr Schelstraete cited the 
case of two Ukrainian dressage judges who lost their appeals against suspensions for “nationalistic” judging (news, 
15 December 2016).

He said the lawyers asked for the evidence on which the FEI had based its decision, and explained the Tribunal told the FEI to disclose evidence and communication with the dressage committee, but this did not happen.

“According to the FEI, there was nothing,” he said. “In a civil court, if this is the case, you will win as there’s no evidence. The FEI and its legal department didn’t obey the instructions to disclose, but nevertheless, our clients were suspended.”

The lawyers also criticised the process of informing riders of regulatory and disciplinary decisions unrelated to doping, as they said they are told nothing but the decision itself.

“In Mathilda’s case, we had an email from the Tribunal asking us to name our witnesses for the hearing, then there was an email from the FEI legal department saying we weren’t allowed witnesses as we didn’t name them in our appeal submission,” Mr Wawrzyniak said. “But we hadn’t specified any because we hadn’t seen the file. We need the file to be able to put witness requests in; the Tribunal should think about due process and a fair trial.”

Independence

Mr Schelstraete questioned whether the FEI Tribunal is as independent from the FEI as is claimed, especially as it is chaired by an FEI dressage judge.

There is no specific allegation of impropriety or bias made against the chairman, rather the criticism is one of a potential for or perception of bias.

“Who writes the decisions?” he asked, adding that in Mathilda’s case, there was no one on the panel who knew about showjumping. This meant long discussion of FEI jumping rules, “but the Tribunal always accepts FEI rules because they don’t know how it works”.

“We’re not convinced this is objective or independent,” he said. “For us there’s no fair trial.”

The lawyers would like to see modernised regulations and more rights for riders, with full documentation released, and Tribunal panellists who are nothing to do with the FEI.

“We need more checks and balances, and better procedure,” Mr Schelstraete said. “This isn’t acceptable; something has to change.”

Mediation

TOP British dressage rider Richard Davison also raised concerns about the FEI’s dispute-settling process, in response to 
Ms Karlsson’s case.

“I’d like to have a discussion with the FEI about whether there’s a better way to resolve some disputes than a Tribunal hearing,” he told H&H.

Richard believes a mediation route might be more helpful rather than the adversarial approach, especially in cases such as Ms Karlsson’s.

“A lot of other sport governing bodies are going down this route,” he said.

Richard agreed with the lawyers in questioning the fact it was Ms Karlsson who suffered, when the FEI had acknowledged it was at fault, and that she had paid all her costs to get to the show on the basis that it was above board.

Richard also agreed that perhaps the Tribunal should not be chaired by a FEI judge, as “any official who wanted to be upgraded would have to be pretty brave to find against the governing body”.

An FEI spokesman said all final Tribunal decisions are published online except cases involving minors or issues related to safeguarding. Preliminary Tribunal decisions are not published as it would not be appropriate when the “merits of the case have yet to be adjudicated on; this is in keeping with the established practice of the Court of Arbitration for Sport”.

In Ms Karlsson’s case, the FEI said her points had not been validly earned, and the decision was “not arbitrary, but rather necessary to assure fair and equal conditions for all riders”.

The spokesman said the suspension of the Ukrainian judges was upheld by the Tribunal and the Court of Arbitration for Sport (CAS), which “rejected the judges’ arguments regarding any procedural irregularities”.

The FEI Tribunal is elected in accordance with the FEI statutes, in particular article 38.6 which states: “The FEI Tribunal shall be composed of a chair and a minimum of six other members, each with legal expertise and appropriate knowledge and experience of equestrian sport.”

All Tribunal decisions are appealable to CAS. The appellant nominates one panel member, the respondent another and the president of the CAS appeals division nominates the chairman.

CAS jurisprudence has long established that any perceived procedural irregularities in the underlying proceedings are “cured” by the “de novo” nature of the appeal.

H&H, 22 October 2020

.

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The Spanish endurance chef d’equipe suspended for his actions at the 2018 World Equestrian Games has had the sanction reduced by the Court of Arbitration for Sport. H&H looks into the case...

The Spanish endurance chef d’equipe suspended for his actions at the 2018 World Equestrian Games (WEG) has had the sanction reduced – as the Court of Arbitration for Sport (CAS) rules it may be more useful for the equestrian world to have him as involved “as much as possible”.

In February 2019, the FEI Tribunal found Ignasi Casa Vaque, who at the time of WEG was also endurance director and national head FEI vet for the Spanish national federation, deputy chairman of the FEI endurance committee and an FEI official vet, broke rules after the endurance ride was restarted, then cancelled (news, 20 September 2018).

In videos circulated online, Dr Vaque could be seen arguing with and shouting at the ground jury president. He was suspended for 12 months, the maximum sanction available, and fined 2,000 Swiss francs (£1,700).

In his appeal to CAS, Dr Vaque said the WEG endurance ride had been “disorganised, chaotic, and extremely disappointing”. He said following the cancellation, there were already “high tensions”, and while he was “very emotional”, he had not been remotely aggressive or violent.

It was his view the FEI had acted disproportionately and “legally incorrectly” by imposing the 12-month suspension, adding other cases of “much worse incorrect behaviour” had been given lesser sanctions.

The FEI argued that given Dr Vaque’s high-ranking position, he is expected to maintain the highest standards of integrity and conduct, and had a “heightened duty” to act appropriately during the event.

The FEI accepted the circumstances around the endurance at WEG had been challenging but added this did not excuse Dr Vaque’s behaviour, and there was no basis to overturn the Tribunal’s decision. The FEI said the 12-month suspension was not disproportionate, and Dr Vaque had not been treated unequally.

The CAS panel did not “entirely” agree with the FEI Tribunal’s findings, stating Dr Vaque’s reactions were in connection to the FEI’s omissions in connection with the whole WEG endurance event, not just the cancellation of the race – and extreme reactions from others surrounding Dr Vaque could be seen in the video footage. The panel also considered the FEI Tribunal decision was not well reasoned.

“There is no doubt the appellant crossed the line, but there is also no doubt that he was provoked. Having that in mind, in the view of the panel, to punish only the appellant, both with the longest possible suspension available and the additional fine, is not appropriate nor necessary,” the panel stated.

The panel added Dr Vaque was a first-time offender who never disobeyed any of his duties, and was “extremely helpful” to the whole community, in extremely challenging conditions at WEG.

“Since [Dr Vaque’s] exceptional character and the veterinarian expertise were not challenged in the present dispute, it may be more useful to the equestrian world to have the appellant involved as much as possible,” said the panel.

Dr Vaque’s appeal was partially upheld; his suspension was reduced to three months, and his fine remained at 2,000 francs. The FEI was ordered to contribute 5,000 Swiss francs (£4,200) to his expenses and legal fees.

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A rider who appealed his abuse ban, partly by claiming the complaint should never have been filed, has failed in his attempts to overturn the ruling.

H&H reported last year that UAE endurance rider Abdul Rahman Saeed Saleh Al Ghailani had been found guilty of horse abuse by the FEI Tribunal, which fined him 4,000 Swiss francs and banned him for 12 months.

He was reported to the FEI by Pauline van Drumpt, of campaign group Clean Endurance for the abusive riding of his “exhausted” horse Sarab at a CEI3* in Abu Dhabi last February. The Tribunal found his “excessive” kicking and rein-pulling, with high hands, was likely to cause Sarab pain or unnecessary discomfort, and that his support crew’s chasing the horse was also against the rules.

Al Ghailani took the case to the Court of Arbitration for Sport, claiming that the initial complaint was inadmissible, as he said it did not comply with rules governing protests. He said it should have been submitted to the ground jury of the event, and noted that instead, it was filed six days later.

He also said his riding was a “field of play” issue, to be ruled on by the ground jury and one that cannot be reviewed unless there is evidence of bad faith on the in-field decision-maker.

He added that he had not breached any rules; that his support team was running towards the crew car rather than chasing the horse, and that he did not abuse the horse. He said he did not kick excessively, pull the reins with high hands or push it beyond its limits.

“[He] draws the attention of the panel to the fact that the type and extent of these actions are commonplace in… endurance,” the CAS panel report reads. It adds that Sarab passed six vet checks during and at the end of the ride, that other riders at the event acted in the same way and were not penalised, and that he “stopped kicking the horse once it became clear it was having no effect”.

Continues below…

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The FEI pointed out that its rules state that anyone witnessing horse abuse must report it “without delay”, so there is no formal time limit, and the submission was admissible. It added that while the rider was correct about field of play decisions, this does not apply in this case as no such decision was made, and the FEI can, under its rules, open an abuse case against anyone.

The panel found the FEI’s rules allow it to act against horse abuse regardless of any ground jury finding, and that preserving and protecting equine welfare, one of the FEI’s “paramount objectives” can only be met if a legal process allows the FEI to take action regarding the riders concerned.

It also found that the ground jury’s failure to sanction the rider was not a field of play decision, and the complaint was admissible.

The panel ruled that, having watched the videos, the rider was guilty of horse abuse. He was “clearly kicking and flapping forcefully”, and “powerfully pulling the reins up and down”, as well as stating that the horse was “clearly exhausted”, and that Al Ghailani’s actions did cause it pain or discomfort. The panel “strongly disagreed” that such actions were common in endurance, and found the support crew did chase the horse.

The panel upheld the Tribunal verdict, but decreased the ban from 12 to eight months, as it was the rider’s first offence, no concern were raised by the ground jury and the horse passed all vet checks, as well as the fact it was “not obvious” abuse.

A Clean Endurance spokesman said: “This is the first time CAS has issued a decision on an appeal in an endurance horse abuse case, and another landmark in the battle to improve horse welfare in the Gulf countries.”

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A top showjumper who was banned for two years after her horse tested positive for a banned substance has won her appeal against the sanction as it was proved a driver’s urinating in the horsebox caused the result.

European team bronze medal-winning Swiss showjumper Nadja Peter Steiner’s ride Saura De Fondcombe tested positive for banned substance o-desmethyltramadol, a metabolite of painkiller tramadol, in a sample taken at a CSI3* in Tetouan, Morocco, 5-8 October 2017.

At first, Nadja believed the positive sample had been caused by the horse licking someone’s hand but later it was found to be caused by a driver urinating in the horse section of the horsebox.

At an FEI Tribunal hearing on 3 February 2020 Nadja told the panel that after she had won the grand prix at the show, she had to hand the horse over to a member of the organising committee for the duration of the prizegiving, some 20 to 30 minutes. There was a picture taken during this time showing the horse licking the staff member’s hand, which Nadja believed was the source of the contamination.

The FEI said as she had been unable to establish the source of the positive sample, a two-year suspension was imposed, due to end on 21 May 2021. She was fined 7,500 Swiss francs (£6,131) and ordered to pay 2,000 francs in costs.

On 16 March Nadja appealed the decision to the Court of Arbitration for Sport (CAS). The CAS arbitrator was told a support person on Nadja’s team, who drove the horses to Morocco, had taken tramadol for back pain relief. The driver confessed to urinating in the horse area of the lorry, and could not say he did not do so in the vicinity of the stables – but he could not remember with certainty.

On arrival in Morocco, because the stables were not ready, the horses were held on the horsebox for more than two hours, where they were fed and watered. The leftover hay was moved from the horsebox to the stables, so the contaminated hay was accessible to the horse for an extended period of time.

The arbitrator was told the driver initially did not realise his actions could have caused the positive dope test, and he feared for his professional reputation and job. Once he realised his intake of tramadaol and urination could have caused the positive sample, he confessed directly.

The CAS report states that Nadja has been on the Swiss national team for four years and is acquainted with anti-doping rules, and that she provided statements explaining her daily procedures to prevent contamination at home and at shows. While support personnel should be aware of the risk of human to horse cross contamination, the driver was not educated on the specific risk of such contamination, his job does not involve any handling of the horses, and it would have been “difficult” for Nadja to have expected the driver to urinate near the horse.

The FEI accepted that Nadja had established on a balance of probability how the substance had entered the horse’s system, namely through ingestion of contaminated hay after the driver urination following his intake of tramadol. A spokesman said as Nadja was able to provide a “plausible explanation” for the source of contamination, it was concluded she had no fault or negligence for the positive test. As a result the FEI entered into an agreement with her to eliminate the suspension and fine.

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The CAS accepted the agreement reached between the FEI and Nadja in its decision on 18 June, so the suspension was lifted with immediate effect.

Under the FEI prohibited substances list, a controlled medication is a substance that is used regularly to treat horses, but which must be cleared from the horse’s system by the time of competition, while a banned substance is one that is prohibited at all times.

“Because of the presence of the banned substance in the horse’s system, which was not disputed, the horse’s results at the event remain disqualified,” said the spokesman.

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A pair of top US dressage riders involved in a positive drug test case have been given the green light to compete in the country’s national championships.

London 2012 Olympian Adrienne Lyle’s ride Horizon and leading young dressage rider Kaitlin Blythe’s mount Don Principe (pictured) both tested positive for banned substance ractopamine while competing at Wellington CDI in February this year.

The riders were provisionally suspended by the FEI for two months as of 6 April and the horses were suspended until the FEI tribunal makes a decision.

It is FEI policy to provisionally suspend horses for an initial period of two months regardless of the source or cause of the positive sample and cites horse welfare, and a fair and level playing field for the purposes of the policy.

However, the owners and riders sought relief from the suspension and the FEI lifted the riders’ temporary bans on 28 April after evidence showed a feed supplement given to the two horses had been contaminated.

The Court of Arbitration for Sport (CAS) also ruled that the horses’ temporary bans be lifted from 8 May.

“This is a temporary decision, which is made pending the resolution of the CAS arbitration,” a CAS spokesman told H&H.

“These interim decisions are not published by our tribunal but the final decision will be.

“Given the urgency, no hearing took place but the parties concerned were able to express their position in writing.”

A FEI spokesman added: “The FEI Tribunal maintained the provisional suspensions of the two horses on horse welfare grounds and in order to ensure a level playing field, however both athletes applied to the CAS in Lausanne for provisional measures to request the lifting of the suspensions of both horses so that they could compete at the US Dressage Festival of Champions (18-21 May).

“The CAS granted the provisional measures this week (8 May), but still have to rule on the merits of the case.”

Ractopamine is on the FEI’s banned substance list, meaning that it is deemed by the governing body to have “no legitimate use” in the competition horse at any time.

It is a medicated feed additive that is approved in the US for use in pigs, turkeys and cattle to improve weight gain and lean muscle, but is not approved for use in horses. The substance has also been outlawed altogether in 160 nations, including members of the European Union, Russia and China.

Both horses were being fed a nutritional supplement made by animal feed specialists Cargill prior to the positive tests.

Investigations by the company have found this product included trace amounts of ractopamine.

“Through our investigation, we identified that Progressive Nutrition Soothing Pink, a nutritional supplement used to prevent gastric upset, contained an ingredient that included trace amounts of ractopamine,” said a statement from the company.

“Upon learning of this trace finding, we immediately withdrew our Progressive Nutrition Soothing Pink product from the market.

“At this time, we have identified and isolated the ingredient that was the source of the contamination and we have completely stopped use of the ingredient in all products.

“Cargill shares a passion for equestrian sports and is proud to support these riders. We are disappointed this happened and are very sorry for the temporary uncertainty.

“We are pleased that Adrienne and Kaitlin will be back competing very soon and thank them for their patience and understanding as we’ve worked through this issue with them, and we continue to support them and the owners in their efforts to address the FEI’s handling of this matter.”

Article continues below…

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A statement on Adrienne’s Facebook page said they are “extremely pleased” with the outcome.

“We wish to express our deep gratitude to the United States Equestrian Federation [USEF] and its leadership,” it read.

“They have provided us the sort of commitment and support that shows that they truly stand for the membership.

“We know how deeply the USEF is committed to keeping our sport clean and free of drugs, and we applaud that effort.

“In supporting us here, the USEF showed that strict enforcement of anti-doping rules need not be inconsistent with basic principles of fairness.

“We also want to thank the people at Cargill for their efforts and support. To their credit, they have worked very closely with us to find out how our horses tested positive for a banned substance — even though they knew that this might result in a finding that one of their Progressive Nutrition products was the source.

“They devoted their resources to helping us find answers swiftly, and we are grateful to them.”

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Russia’s para dressage riders will not be allowed to compete at the Rio 2016 Paralympics after an appeal was dismissed.

The International Paralympic Committee (IPC) suspended the Russian Paralympic Committee on 7 August in the wake of a report that exposed wide-scale state-sponsored doping in Russia.

This meant that all Russian athletes were barred from competing in September’s Games.

The Court of Arbitration for Sport (CAS) today (23 August) rejected an appeal by the Russian Paralympic Committee to overturn the ban.

Russia had three para dressage riders entered — Natalia Martyanova, Natalya Zhavoronkova and Marina Vinogradova.

“We are of course disappointed by today’s dismissal of the Russian Paralympic Committee appeal to the CAS because it means that our three Russian para equestrian athletes cannot compete in Rio, even though they are clean,” FEI president Ingmar de Vos told H&H.

“We are now assessing the impact of today’s CAS decision and, together with some of the other international federations that govern disabled sport independently, looking at what options are available to us to protect our clean athletes’ right to natural justice.”

IPC president Sir Philip Craven added the organisation has “enormous sympathy” for the athletes who will miss out on the Games.

“Today’s decision underlines our strong belief that doping has absolutely no place in Paralympic sport, and further improves our ability to ensure fair competition and a level playing field for all Para athletes around the world,” said Sir Philip.

“Although we are pleased with the decision, it is not a day for celebration and we have enormous sympathy for the Russian athletes who will now miss out on the Rio 2016 Paralympic Games.

“It is a sad day for the Paralympic movement, but we hope also a new beginning.

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“We hope this decision acts as a catalyst for change in Russia and we can welcome the Russian Paralympic Committee back as a member safe in the knowledge that it is fulfilling its obligations to ensure fair competition for all.”

The IPC is now working with international federations to redistribute the 267 slots that had been allocated to Russian athletes.

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Ireland has failed in its mission to secure a place at the 2016 Rio Olympic Games for its showjumping team, after an appeal was dismissed by the Court of Arbitration for Sport.

Rider Cian O’Connor and Horse Sport Ireland (HSI) appeared at CAS in Lausanne, Switzerland, last month (16 December), appealing against a decision made at the 2015 European Championships.

At Aachen last summer Cian was riding Good Luck when a member of the arena party dashed across his path and jumped into a flower bed around which Cian was turning round before tackling an oxer.

Cian says the distraction caused Good Luck to fault. Ireland lost out on a Rio place to Spain by just 0.38 faults. On the day, HSI’s protest and appeal were dismissed.

Cian and HSI allege the incident cost Ireland’s showjumping team its Olympic place.

The ground jury, presided over by Britain’s Jon Doney, said Cian could have stopped and signalled to the judges, but continued.

However, today (Monday 4 January) it was revealed that this decision has been upheld by CAS.

“I have no regrets,” said Cian.

“I tried everything possible and left no stone unturned in trying to seek fairness for what I feel was an unsporting decision made by the ground jury in Aachen.

“It’s time to move on and refocus on the sport.

“Team Ireland are first reserve because of the good performance at World Equestrian Games in 2014 so there is always a chance that we will get there yet.”

HSI’s Damian McDonald added: “We felt that we had made a strong case and we are very disappointed with the outcome. We will await the full reasoned judgement before making any further comment.”

The CAS ruling means that the results from Aachen remain unchanged, with Ireland finishing seventh overall.

FEI Secretary General Sabrina Ibáñez added: “I am happy that the CAS has confirmed the decision of the FEI Appeal Committee.

“This was a field of play issue that was covered by FEI rules, so the CAS ruling upholding the decision made at the time is an important one for the FEI.”

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Irish showjumper Cian O’Connor and Horse Sport Ireland’s (HSI) appeal surrounding the European Championships will be delivered next month.

HSI and Cian appeared before the Court for Arbitration for Sport in Lausanne, Switzerland, last week (16 December).

At the 2015 European Championships, Cian looked on target for a clear with Good Luck when a member of the arena party dashed across his path and jumped into the flower bed around which Cian was turning round before tackling an oxer.

Cian says the distraction caused Good Luck to fault. Ireland lost out on a Rio place to Spain by just 0.38 faults. On the day, HSI’s protest and appeal were dismissed.

Cian and HSI allege the incident cost Ireland’s showjumping team its Olympic place.

“We had a long hearing. We now have to wait for the decision which we are unlikely to receive before early January,” said HSI’s Damian McDonald.

“I want to thank our legal team of senior counsel Martin Hayden, specialist CAS counsel David Casserly, Joe Fitzpatrick and Eamon Carey from Smithwick Solicitors. Along with Cian O’Connor and his legal team they did a top class job in preparing and presenting the case.”

The Ground Jury, presided over by Britain’s Jon Doney, said Cian could have stopped and signalled to the judges, but continued.

“To have a showjumping team at the Olympic Games is very important for Ireland,” said HSI chairman Pat Wall.

“Our riders and their owners are doing a huge amount to promote Ireland as a world leader in the sport.

“They went to the European Championships to pursue their Olympic dream. A freak incident occurred on the day, which hindered our efforts. All we are looking for is fair play. We are convinced that if this incident had not happened, the Irish team would be going to the Olympics.”

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Irish showjumper Denis Lynch has had his Olympic appeal dismissed by the Court of Arbitration for Sport (CAS).

Denis last week (27 July) made a last minute appeal to try to regain his Olympic place.

He was originally selected to jump for Ireland, but after his horse Lantinus 3 was disqualified for hypersensitivity in Aachen last month, he was dropped by Horse Sport Ireland.

Cian O’Connor was selected instead.

An HSI spokesman said: “This decision was reached by the CAS ad hoc tribunal following a lengthy hearing (Saturday 28 July) involving all interested parties.

“Our focus remains on supporting the eight equestrian athletes who are representing us at the games.”

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Irish showjumper Denis Lynch has made a last-minute appeal to the Court of Arbitration for Sport (CAS) to try to get back on the Irish Olympic team.

And CAS said it will rule on his case tomorrow (28 July).

Mr Lynch and Billy Twomey were chosen as the individual riders to represent Ireland in the showjumping competition at Greenwich (4-8 August).

But after his horse, Lantinus 3, failed a hypersensitivity test at Aachen (5-6 July) and was disqualified, Horse Sport Ireland announced they would be looking for a replacement.

And Cian O’Connor was called up in his place.

Now Denis has launched an appeal to CAS which will be heard by a special Olympic sitting of the court in London.

Denis’ brother and manager Shay Lynch told the Irish Examiner that Denis felt he had “a reasonable chance of success”.

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British-based South African eventer Alexander Peternell could be on his way back to the Court of Arbitration for Sport (CAS) after the South African Equestrian Federation (SAEF) refused to submit his nomination for the 2012 Olympics.

Mr Peternell won his appeal to CAS against SAEF’s choice of Paul Hart as eventing individual at Greenwich.

And on Saturday, 21 July, CAS ruled that Mr Peternell is the only rider the South Africans can consider.

But last night (Monday) Tubby Reddy of the South African Olympic association (SASCOC) said they had decided no eventer would represent South Africa in Greenwich.

He said: “The federation maintains that in their opinion Paul Hart is the correct choice and therefore have not seen their way clear to submit a nomination for Alex Peternell.

“Given this scenario and in keeping with Article 6.3.3 from SASCOC’s Articles of Association, the SASCOC board has decided that we will not utilise the one slot available to the eventing discipline at the Olympic Games.

“The board therefore maintains that the sport of equestrian will not have any representation at the Olympic Games.

“The board is fully aware that Mr Peternell may go back to CAS for an urgent hearing and we are prepared to defend our case, while noting that CAS’s ruling on the new appeal may have to be adhered to by ourselves.”

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Two dressage riders have lost appeals to the Court of Arbitration for Sport this week.

Australian rider Hayley Beresford appealed after she was named as reserve for Greenwich rather than a team member.

And the Dominican Republic Equestrian Federation and rider Yvonne Losos de Mu ±iz also appealed after Brazil’s Luiza Tavares de Almeida was chosen as Latin American individual representative at the Olympics.

Both appeals were dismissed.

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Ten teams — including Great Britain — will jump in the 2010 Meydan FEI Nations Cup series, the International Equestrian Federation (FEI) has confirmed.

The Court of Arbitration for Sport (CAS) yesterday overturned the FEI’s decision to demote Team GB from showjumping’s super league.

The decision followed seven months of wrangling between the British Equestrian Federation (BEF) and the FEI.

BEF chief executive Andrew Finding said: “We are delighted that our team will now be able to compete in the FEI Top Level Nations Cup series in 2010.

“Our wish is to achieve success on the field of play and I am sure our riders will compete with vigour and determination to prove their credentials.”

The other two teams demoted from the top tier — Italy and Belgium — did not challenge the FEI decision and remain in the promotional league for 2010.

The Nations Cup series starts at La Baule, France on 14 May.

The ten teams competing will be: France, Great Britain, Germany, Ireland, The Netherlands, Poland, Switzerland, Sweden, Spain and the USA.

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Team GB will be reinstated to the top tier of showjumping’s super league following an appeal to the Court of Arbitration in Sport (CAS).

At 4.30pm today it was announced: “The CAS has allowed the appeal filed by the BEF [British Equestrian Federation] on 5 February 2010 and has annulled the decision of the FEI [International Equestrian Federation] Tribunal of 21 January 2010.

“The 15 September 2009 resolution by the FEI Bureau deciding for a relegation of the teams of Great Britain, Belgium and Italy from the FEI Nations Cup is set aside to the extent that it relegates the team of Great Britain from the 2010 edition of the FEI Nations Cup.”

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British Showjumping and the British Equestrian Federation (BEF) have appealed to the Court of Arbitration in Sport (CAS) over Team GB being dropped from the top tier of the Nations Cup series.

The International Equestrian Federation (FEI) decided in September that both Britain and Belgium would be relegated to the promotional league following a tie for eighth place in the Nations Cup super league competition last year.

But the BEF appealed that decision, arguing that Britain’s show jumping team should remain in the top tier.

Their argument was that under the existing rules Team GB was initially declared eighth and should not have been relegated with Italy (10th place) and Belgium.

But the FEI took the opportunity to cut the number of teams in the competition and changed the rules.

A hearing of the FEI disciplinary tribunal took place in Switzerland in December but announced it would not intervene in the September decision — and that Britain and Belgium remain relegated.

Now the CAS must make the final decision.

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A Norwegian show jumper has lost his appeal over a ban and fine for using a prohibited substance on his horse.

Tony Andre Hansen appealled to the Court of Arbitration in Sport (CAS) in January after the International Equestrian Federation (FEI) banned him from competition for 135 days and ordered he be fined Swiss Francs 3,000 (£1,870) with Swiss Francs 8,000 (£4,900) legal costs.

Mr Hansen’s horse Camiro tested positive for the banned substance capsaicin — along with four other show jumpers‘ mounts — at the Beijing Olympic Games in August 2008.

The Norwegian Olympic show jumping team was stripped of its bronze medals won at Hong Kong as a result of the FEI tribunal’s ruling on 22 December 2008.

Mr Hansen denied using capsaicin and appealed to the CAS after his suspension had been served.

But today the court confirmed both the ban and its knock-on effects on the Norwegian team should stand.

FEI secretary general Alex McLin said: “The FEI welcomes the decision of the Court of Arbitration for Sport.

“The fact that the CAS has ruled in FEI’s favour in this long and vigorously contested case demonstrates that the FEI judicial process is fair, thorough and respects the rights of the parties. The last pending Olympic equestrian case is now closed.”

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Norwegian show jumper Tony Andre Hansen has applied to the Court of Arbitration in Sport (CAS) for the International Equestrian Federation’s (FEI) decision over his positive doping offence to be annulled.

The Norwegian Olympic show jumping team was stripped of its bronze medals won at Hong Kong in August as a result of the FEI tribunal’s ruling on 22 December 2008.

Tony Andre Hansen’s horse Camiro — along with four other show jumpers’ mounts from different teams at the Olympic Games — tested positive for the banned substance capsaicin.

Mr Hansen’s was the last of six medication offences at the Olympics to be resolved by the FEI disciplinary committee.

Mr Hansen denied using capsaicin on Camiro but the tribunal banned him from competition for 135 days and ordered he be fined Swiss Francs 3,000 (£1,870) with Swiss Francs 8,000 (£4,900) legal costs.

Mr Hansen had been suspended since 21 August, so his disqualification ended on 2 January.

The CAS said it would rule on the case within four months.

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Irish show jumper Jessica Kurten is banned from competition until 6 January after losing her appeal to the Court of Arbitration in Sport (CAS).

Mrs Kurten was given a two-month ban by the International Equestrian Federation (FEI) on 7 May this year after a positive anti-doping test on her horse Castle Forbes Maike at the CSIO La Baule, France on 13 May 2007.

In July CAS lifted the ban on Mrs Kurten competing until after they had considered her appeal against the ban, but today (12 December) they upheld the FEI suspension, meaning the ban is reinstated

FEI secretary-general Alex McLin said: “The FEI welcomes the decision of the CAS, which is not surprising.

“The FEI judicial process is fair and respects the rights of the parties. The CAS now routinely confirms this, which is encouraging, and should be seen as such by those who seek justice before the FEI Tribunal.

“In this case the CAS panel needed fewer than three days of deliberation to reach this conclusion. While of course no two cases are ever the same, this is a positive and noteworthy trend.”

Mrs Kurten must also pay CHF 10,000 as a contribution towards FEI’s legal fees and expenses.

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