A vet who admitted not following equine herpes virus (EHV-1) by-laws, which he claimed were “stupid”, has been suspended by the FEI for three years.
The FEI launched disciplinary proceedings against Belgian vet Marc Juul H Schelkens after it was discovered he failed to implement biosecurity measures required under the EHV-1 by-laws at a number of events in Lier and Bonheiden in 2021. The by-laws – brought in last year following the European EHV-1 outbreak in which 18 horses died – require horses to be examined by the veterinary delegate on arrival at FEI events and their temperatures recorded on the FEI HorseApp.
The FEI notified Schelkens of the proceedings, and in his response on 26 April 2022 he claimed other officials told him that in Spain and Italy it was “common practice not to take temperatures [at events]” and that if a veterinary delegate claims to be applying the by-laws properly, “you know he’s cheating”. He added that he did not want to officiate at events until mandatory EHV vaccination is brought in.
In June Schelkens wrote to the FEI Tribunal and “admitted not having applied the EHV-1 by-laws”, stating they were “impossible to carry out”. He accepted a three-year suspension, but did not indicate whether he admitted breaching the veterinary regulations or the officials’ code of conduct – or if he accepted a fine.
When Schelkens and the FEI could not reach an agreement on these “outstanding matters”, and as there was no request for an oral hearing, the Tribunal informed both that a decision would be based on the case file.
The FEI claimed Schelkens failed to take horses’ temperatures at a showjumping competition in Lier (3–7 November 2021). When asked by the foreign judge about the temperature checks, Schelkens said he did not perform the check, as he did not want to. He told the judge he had previously informed the FEI that the procedure was “not necessary and he did not want to do it any more”. But on the same day the judge noticed the temperatures had been recorded in the HorseApp, and he claimed he saw Schelkens “filling the HorseApp [in] with his phone”. The judge believed it could only have been “fake” data.
According to a chief steward’s witness statement, at four events in Bonheiden, Schelkens took horses’ temperature via their nostrils, not rectally as required by the rules. In his veterinary reports from the events Schelkens stated the examination is “dangerous”, “it simply takes too long”, the HorseApp “should be more user-friendly”, and the rules were “so stupid” and “not effective”. In one report Schelkens said he was “seriously thinking” of stopping his work for the FEI if the situation continued.
The FEI submitted that Schelkens “knowingly and deliberately” failed to take temperatures – and “blatantly disregarded and refused to apply” a number of biosecurity rules. The FEI said not only had he “endangered the health of participating horses by refusing to perform one of the key biosecurity measures” but he also falsified official records. The FEI argued that Schelkens’ non-compliance with the biosecurity measures breached the officials’ code of conduct and brought the FEI and/or the sport into disrepute.
The FEI considered Schelkens’ behaviour “serious misconduct” and wished to “send a signal to all stakeholders in the sport that this is not acceptable”. The FEI asked the Tribunal to consider that the offences involved the “potential maltreatment of horses” and that Schelkens had resorted to “fraudulent behaviour intended to deceive”.
The Tribunal said although Schelkens admitted not applying by-laws, he did not appear to do so to gain “personal advantage” and ruled that though he breached the FEI vet rules, he did not breach the officials’ code of conduct by expressing negative opinions
“If we were to accept the FEI’s interpretation, no stakeholder, rider, trainer or official could ever express opinions regarding rules, regulations and measures adopted by the FEI, without having the risk of infringing the officials’ code of conduct,” stated the Tribunal report.
The Tribunal found the breaches of the by-laws “very serious offences” and took into account Schelkens’ role as an FEI official. The Tribunal upheld Schelkens’ three-year suspension and fined him 2,000 CHF (£1,754). He must also pay 1,000 CHF (£877) towards the FEI’s legal costs.
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EHV-1 vaccinations will not be compulsory for FEI competitions following major outbreak
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