CAS 2022_A_8569 Sheikh Ali Al Thani vs FEI

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On 17 December 2021 the Tribunal of the International Equestrian Federation (FEI) decided to impose a fine and a 2 year period of ineligibility on the Qatari rider Sheik Ali Al Thani after his A and B samples tested positive for the prohibited substance Cannabis in a concentration above the WADA threshold (404 ng/mL).

In first instance the FEI Tribunal concluded 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.

Hereafter the Athlete appealed the FEI Decision with the Court of Arbitration for Sport (CAS). CAS partially upheld the decisions of the FEI Tribunal, decided to reduce the imposed period of ineligibility and to backdate the suspension period.

Therefore the Court of Arbitration for Sport decides on 2 June 2022 that:

1. The appeal filed on 4 January 2022 by Mr Sheikh Ali Al Thani against the Federation Equestre Internationale (FEI) with respect to the decision taken by the Tribunal of the
   FEI on 17 December 2021 is partially upheld.
2. The operative part of the decision rendered by the Tribunal of the FEI on 17 December 2021 is confirmed save for the item 2) a), which is so amended:
   

   "2.) The Athlete shall incur:
   a.) a period of ineligibility of one (1) year. The period of ineligibility will be effective fi'om 13 October 2019 until 12 October 2020. All competitive results achieved by the Athlete during the period of ineligibility are disqualified."

3. The Award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by Mr Sheikh Ali Al Thani, which is retained by the
   CAS.
4. Each Party shall bear its own expenses incurred in connection with these arbitration proceedings.
5. All other motions or prayers for relief are dismissed.