The FEI Tribunal has issued its decision in the case involving Jessica Kürten at last year’s CSIO 5* in La Baule (FRA), 10-13 May 2007, resulting in a two-month suspension for the athlete. Mrs. Kürten, who had placed first on Castle Forbes Maike, subsequently was the subject of a medication control violation when her mount tested positive to a prohibited substance. The substance, Etoricoxib, is a non-steroidal anti-inflammatory classified by the FEI as medication prohibited in competition.
Under the FEI’s administrative sanctioning system, which results in disqualification and a fine for most minor offences, Mrs. Kurten had received the option of accepting such a disqualification and fine but opted instead to argue her case before the FEI Tribunal, emphasizing procedural aspects of the testing and analysis procedure. Under the applicable rules, when a case is reviewed by the Tribunal, the person responsible does not benefit from the assumption that the presence of the substance can be explained. This meant that Mrs. Kurten needed to prove the absence of negligence on her part in ensuring that her horse was free from any prohibited substances in competition, which the Tribunal found she had not done.
The FEI Tribunal rendered its decision within 28 days of the parties’ last submissions. The FEI Tribunal’s decisions are appealable to Court of Arbitration for Sport in Lausanne (SUI) within 30 days.
The full text of the decision is available under Athletes & Horses/Horses/Decisions.
Should you have any question, please contact Malina Gueorguiev on +41 78 750 61 33