Related case:
FEI 2018 FEI vs Paulo Sergio Mateo Santana Filho
April 25, 2019
On 25 April 2019 the FEI Tribunal decided to impose a fine and a 4 year period of ineligibility on the Salvadorean Athlete Paulo Sergio Mateo Santana Filho after his A and B samples tested positive for the prohibited substance Boldenone.
In first instance the Panel ruled that the Athlete failed to establish the source of the Boldenone, nor that the anti-doping rule violation was not intentional.
Hereafter in May 2019 the Athlete appealed the FEI Decision with the Court of Arbitration for Sport (CAS). The Athlete requested the Panel to set aside the Appealed Decision and to eliminate or reduce the imposed period of ineligibility.
The Athlete asserted that there were 4 scenario's that could have caused the positive test results:
- (i) the consumption of meat contaminated by Boldenone in Guatemala or El Salvador 19 to 23 days prior to the Sample being collected at the Event;
- (ii) the transdermal contamination by Boldenone while injecting non-FEI registered horses in El Salvador;
- (iii) the contamination of his Sample during the sample collection process that departed from the WADA standards; and
- (iv) the contamination of the Sample by the Athlete touching a contaminated faucet (or another surface) in the bathroom that was used by the Athlete next to the Doping Control Station at the Event.
FEI contended that the Athlete failed to establish, on a balance of probability, how the Boldenone had entered his system. Neither of the submitted explanations provided a plausible scenario, and the FEI therefore deemed it extremely unlikely that the positive finding of Boldenone in the Athlete is a result of any of the provided explanations.
The Panel finds that the presence of a prohibited substance had been established in the Athlete's samples and accordingly that he committed an anti-doping rule violation. Further the Panel assessed and addressed the four scenarios of the Athlete's Boldenone contamination.
The Panel concludes that the Athlete had not provided clear and convincing evidence that prove how Boldenone had entered his system. He also failed to provide an explanation that is plausible, on a balance of probability, and failed to establish a plausible link between the positive finding and either of the four potential contamination sources alleged by the Athlete.
Therefore the Court of Arbitration for Sport decides on 10 June 2021 that:
1) The appeal filed by Mr. Paulo Sergio Mateo Santana Filho on 16 May 2019 against the decision rendered by the FEI Tribunal dated 25 April 2019 is dismissed.
2) The decision rendered by the FEI Tribunal dated 25 April 2019 is confirmed in its entirety.
3) The award is pronounced without costs, except for the Court Office fee of CHF 1,000 (one thousand Swiss Francs) paid by the Appellant, which is retained by the Court of Arbitration for Sport.
4) Mr. Paulo Sergio Mateo Santana Filho's request for an order that the Fédération Equestre Intemationale make a contribution towards the costs he has incurred in making the Appeal is dismissed.
5) Mr. Paulo Sergio Mateo Santana Filho is ordered to pay CHF 3,000 (three thousand Swiss francs) as a contribution towards the expenses incurred by the Fédération Equestre Internationale in defending this appeal.
6) All other or further requests or motions for relief are dismissed.
