|
German
Dressage News
FEI Judicial Committee Decides on Rusty
November 12, 2003
 The
Judicial Committee of the FEI has today issued its decision
in the medication control case involving the horse Rusty
47 and the rider, Ulla Salzgeber (GER) submitted to
the Judicial Committee for decision on October 23 2003.
Rusty 47 was selected for sampling at CDI-W Final Göteborg
(SWE) on 28 March 2003. Analysis of the urine and blood
conducted by LAB, the FEI’s approved central laboratory,
revealed the presence of Testosterone above the threshold
level. A confirmatory analysis has not been requested.
Testosterone is the principal endogenous androgenic-anabolic
steroid in horses and men. It is used for therapeutic
purposes but can also be abused. Testosterone is a prohibited
substance pursuant to Article 1013 and Annex IV of the
Veterinary Regulations of the FEI.
The evidence revealed that 13 days before the start
of CDI-W Final Göteborg, the Salzgeber’s
veterinarian had administered Rusty 25 mg Testosterone
Propionate to treat an assumed hormonal imbalance in
Rusty that may have caused patchy hair loss. The veterinarian
had not made this fact known to either the veterinarian
of the German National Federation or to Ulla Salzgeber.
The Judicial Committee accepts that Salzgeber did no
know that Rusty 47 had undergone any treatment prior
to the event.
The Judicial Committee is satisfied that the complete
LAB reports supported by the evidence of the Director
of the Drug Surveillance Group at HFL Newmarket reflect
that the tests were accurately performed in an acceptable
method and that the findings of LAB are accurate and
show the presence of the prohibited substance, Testosterone,
at a level which exceeds the threshold level for geldings
of 20 ng/ml.
The Judicial Committee is also satisfied that the internationally
acknowledged threshold levels for Testosterone in geldings
and mares as established by the international racing
authorities and adopted by the FEI Veterinary Committee
for FEI events and included in the FEI Veterinary Regulations
since 1988 are supported by analytical research and
were not arbitrarily established.
The Judicial Committee determines that the various
minor procedural irregularities highlighted by Salzgeber’s
counsel cannot reasonably be considered to have affected
the results of what is a valid test and should, therefore,
only be taken into consideration in the determination
of the sanctions and imposition of costs.
The Judicial Committee determines that Salzgeber has
not taken any intentional action to deliberately affect
the performance of the horse. Salzgeber had established
a system that was supposed to make treatments transparent
and disclosed. According to the Salzgeber's statements,
her veterinarian has not followed such procedures in
the present case. There is no evidence in this case
that Salzgeber had actual knowledge of the treatment
given to Rusty 47 by her veterinarian. There is also
no evidence that Rusty received a specific competitive
advantage as a result of the administration of the prohibited
substance which – according to Salzgeber’s
vet - was connected to a legitimate medical procedure.
 Nevertheless,
Salzgeber has failed to ensure that Rusty has no prohibited
substances in its systems during an international event.
Since this is a strict liability offense that does not
require intent or even specific knowledge, Salzgeber
did not comply with General Regulations Art. 146 and
RUSTY 47 with its rider, Ulla Salzgeber, must be disqualified
from the event and that all prizes and prize money won
at the event must be forfeited in accordance with GR
174.7.1.
The FEI has a strict liability policy or no-fault system
which means that no intention is required in order to
establish a doping offence. The mere presence of a prohibited
substance in the horse’s systems is sufficient.
Additionally, The FEI is not required to demonstrate
any competitive advantage to Salzgeber resulting from
the presence of the drug. The intent and competitive
advantage issues are only taken into consideration in
the determination of the sanctions to be imposed. This
system of strict liability has been reconfirmed time
and again and it must prevail when sporting fairness
to all competitors is at stake.
Under the FEI judicial system the competitor, as the
person responsible, is responsible for all matters relating
to his or her mount, including competing on horses which
are “drug free”. It is similarly the responsibility
of competitors to inform themselves of all substances
fed or administered to horses which are destined for
participation in international events and to ensure
that such horses do not have any prohibited substances
in their systems or that such treatments are disclosed
prior to the start of the competition and authorized
in advance.
Competitors should, therefore, seek information and
should discuss all treatments with owners, veterinarians
and other caretakers of all horses which are destined
for participation in international events in order to
avoid contravening FEI rules and regulations. Procedures
aimed at ensuring that such information is fully disclosed
must be established by all competitors and the expectation
is that competitors that compete at the highest levels
of the sport should have an established system that
would prevent even an inadvertent unauthorized medication
of a horse participating in international events.
The Judicial Committee does take into account the facts
that Salzgeber did not have actual knowledge of the
treatment, did establish a mechanism to learn ahead
of international events regarding such treatments, did
not clearly obtain competitive advantage, has a blameless
record as an international rider and the hardship caused
to the Salzgeber as a result of the delays and procedural
mistakes and therefore determines that there should
be no suspension in this case despite the type of drug
and its grade. In accordance with General Regulations
Art. 174.7.3 the Person Responsible is fined CHF 2,500.-
The Judicial Committee has taken into consideration
the incomplete documentation initially provided to Salzgeber’s
counsel and has limited the costs payable to the FEI
by Salzgeber towards the costs of the judicial procedure,
in accordance with General Regulations Art. 174.12,
to CHF 1,000.-.
 It
should be emphasized that, in deciding against Salzgeberand
imposing the penalties, the Judicial Committee is not
claiming that Salzgeber knew about the treatment, authorized
it or received any advantage as a result thereof. Therefore,
Salzgeber's prominent reputation must stay unaffected.
Nevertheless, this case should again emphasize the vital
importance of medication control and the need for all
caretakers to be conservative in their assessments and
more importantly to report to Salzgeber all treatments
and allow her to make the required determination whether
to enter the horse in an international event or request
an authorization to compete despite a prior treatment.
This is the system established by the FEI which is aimed
at establishing fair and equal conditions for competitors.
Salzgeber has 30 days to appeal the decision to the
Court of Arbitration for Sports.
Source: FEI
Images copyrighted: Stuttgart / Dirk
Caremans
Related Links
Salzgeber Likely to Compete
at 2003 European Championships
Doping Case Rusty, a "Slip
of the Eye"?
Ulla Salzgeber Cleared
of Doping Charges
Rusty Tested Positive to
Doping
|
