In April 2020 International Equestrian Federation (FEI) has reported an anti-doping rule violation against the Mexican rider Abraham Gaspa Ojeda Serrano after his sample tested positive for the prohibited substance Clenbuterol.
Previously the samples of 4 equestrian athletes were collected by the Mexican Anti-Doping Agency in June 2019, yet they were never analysed in the Mexican Lab. After closure of the Mexican Lab these samples were transferred to the Montreal Lab. Analysis of the Athlete's sample revealed an Adverse Analytical Finding for Clenbuterol and for the 3 other equesterian athletes an Atypical Finding for this substance.
After notification in April 2020 a provisional suspension was ordered and the Athlete filed a statement in his defence. In this case there where delays in the proceedings attributed to the Athlete due to his continued failure to respond and to attend the hearings to be held via videoconference. Finally the first FEI Tribunal hearing attended by the Athlete took place in June 2021.
The Athlete accepted the test result and denied the intentional use of the substance. He argued that his ingestion of contaminated meat had caused the positive test result whereas Mexico is a well known country facing problems of meat contamination from Clenbuterol. Prior he was unaware that this could cause problems with doping.
With evidence he asserted that 3 other athletes had tested positive for Clenbuterol while they had trained and dined together at the same Equestrian Center. Supported by witness statements the Athlete testifed that at the relevant time he ate frequently high quantities of meat products in Mexico City and in the Equestrian Center. The Athlete excluded other sources that could have caused the positive test result.
The Equestrian Center in question conducted an investigation but could not provide any information anymore about the meat served between February and May 2019. The Equestian Center had started to educate the riders about meat contamination and a new meat supplier was selected, which could produce inspection results of the meat sold in order to prevent contamination.
FEI concludes that the mentioned 3 Atypical Findings to Clenbuterol were compatible with ingestion of meat contamination with Clenbuterol and it had closed the cases. Yet FEI regards that the concentration in the Athlete's sample was significantly higher. Furher FEI acknowledged that the significant delays in the Laboratory Notification may have prevented the Athlete to find evidence in support of his case.
Considering the opinion of their Expert Witness FEI accepts that the meat contamination scenario is scientifically plausible. Accordingly FEI finds that the Athlete on a balance of probabilities has demonstrated that the substance Clenbuterol had entered his system through the ingestion of meat contaminated with Clenbuterol.
In view of the evidence and witness statements in this case the Tribunal accepts that the meat the Athlete had consumed, on a balance of probabilities, was most likely contaminated with Clenbuterol. The Tribunal deems that the Athlete established, on a balance of probability, that the violation was not intentional and that acted with No Significant Fault or Negligence.
Therefore the FEI Tribunal decides on 30 June 2021 to impose a fine and a 16 month period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 2 April 2020.
