16 Oct 2024
Related case:
FEI 2022 FEI vs Agusti Juan Elias Lara
June 4, 2024
In September 2022 the International Equestrian Federation (FEI) reported an anti-doping rule violation against the Spanish rider Agusti Juan Elias Lara after his sample tested positive for the prohibited substance Clenbuterol.
With support of expert witnesses the Athlete argued that there was cross contamination with Clenbuterol. He explained that the substance entered his system when he administered a prescribed Spasmobronchal medication to his horse.
He asserted that during administration of this medication he didn't use protective gear whereas he was not warned by his veterinarian that this medication contained Clenbuterol. Further he acknowledged that he had not checked if his supplements contained banned substances.
In view of the evidence the Panel finds that the Athlete failed to demonstrate that the violation was not intentional, nor the source of the prohibited substance. Moreover the Panel concludes that there are no grounds for a reduced sanction.
Therefore the FEI Tribunal decided on 4 June 2024 to impose a fine and a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 September 2022.
Hereafter in June 2024 the Athlete appealed the FEI decision with the Court of Arbitration for Sport (CAS). Ultimately on 16 October 2024 the Court of Arbitration for Sport decides that:
1.) The appeal filed by Mr Agusti Elias Lara on 20 June 2024 against the decision rendered on 4 June 2024 by the FEI Tribunal is partially upheld.
2.) Mr. Agusti Elias Lara is declared ineligible to participate in any competition or other activity for a period of two (2) years pursuant to Article 10.6.2 of the ADRHA as from the day of notification of this Award, with credit given for the period of Provisional Suspension and of ineligibility already served.
3.) All other points of the decision rendered on 4 June 2024 by the FEI Tribunal are confirmed.
4.) The present arbitral Award is pronounced without costs, except for the Court Office fee of CHF 1,000, which is retained by the Court of Arbitration for Sport.
5.) Each Party shall bear the expenses it has incurred in connection with this arbitration.
6.) All other motions or prayers for relief are dismissed.