FEI 2020 FEI vs Sheik Ali Al Thani

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In January 2020 the International Equestrian Federation (FEI) has reported an anti-doping rule violation against the Qatari rider after his A and B samples tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold (404 ng/mL). After notification the FEI Tribunal settled the case based on the written submissions of the Parties.

The Athlete accepted the test results and denied any intentional use of the substance. He claimed the he and his fellow athletes were exposed to Cannabis during their daily visits to the shisha bar in their hotel in Morocco.

The Athlete submitted that the substance deliberately was added to his shisha without his knowledge, in order to influence their performance in the competition and/or cause the Team's elimination. Because of this sabotage scenario the Athlete's team had hired a Moroccan lawyer to file a criminal complaint with the Moroccan authorities for further investigation.

FEI contended that the Athlete failed to establish that the violation was not intentional, nor how the substance had entered his system and without grounds for a reduced sanction. FEI rejected the Athlete's sabotage scenario due to he failed to provide any corroborating evidence and hereafter had not responded to any of the communcations from FEI.

The Tribunal finds that the presence of a prohibited substance has been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation. The Tribunal holds that the Athlete failed to demonstrate that the violation was not intentional, nor the source of the prohibited substance.

The Tribunal concludes that the Athlete's explanation, that unknowing exposure to Cannabis during his residence in Morocco through sabotage had caused the positive test, is merely speculative as no corroborating evidence was ever produced during the proceedings.

Considering the Athlete's conduct the Tribunal deems that through his visits to the shisha bar he did not exercise utmost cauton to avoid the ingestion of any prohibited substances. Finally the Tribunal acknowledged that there had been delays in the proceedings not attributed to the Athlete.

Therefore the FEI Tribunal decides on 17 December 2021 to impose a fine and a 2 year period of ineligibility on the Athlete, starting backdated on 17 June 2021.

Original document

Parameters

Legal Source
Decisions International Federations
Date
17 December 2021
Arbitrator
Rodriguez Alvarez, José A.
Original Source
International Equestrian Federation (FEI)
Country
Qatar
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Commencement of ineligibility period
Criminal case / judicial inquiry
Fine
Sole Arbitrator
Substantial delay / lapsed time limit
Waiver of "right to be heard"
Sport/IFs
Equestrian (FEI) - International Equestrian Federation
Laboratories
Lausanne, Switzerland: Laboratoire Suisse d’Analyse du Dopage
Analytical aspects
B sample analysis
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Various
Spiking / sabotage
Document type
Pdf file
Date generated
27 January 2022
Date of last modification
14 September 2023
Category
  • Legal Source
  • Education
  • Science
  • Statistics
  • History
Country & language
  • Country
  • Language
Other filters
  • ADRV
  • Legal Terms
  • Sport/IFs
  • Other organisations
  • Laboratories
  • Analytical aspects
  • Doping classes
  • Substances
  • Medical terms
  • Various
  • Version
  • Document category
  • Document type
Publication period
Origin