FEI Tribunal Decision in Camiro’s Prohibited Substance Case

The panel of the FEI Tribunal has rendered its final decision in the prohibited substance case involving the horse Camiro ridden by Tony Andre Hansen (NOR) at the 2008 Olympic Games.

The Person Responsible (the rider) is suspended for a period of four and a half months (135 days), which period began on the date of the application of the provisional suspension, 21 August 2008, and shall run up to 2 January 2009. The Person Responsible (PR) is fined CHF 3,000 and shall also contribute CHF 8,000 towards the costs of the legal procedure.

The justifications for the sanctions are the principles which are at the core of the FEI Equine Anti-Doping and Medication Control Rules, according to which “It is each Person Responsible’s personal duty to ensure that no Prohibited Substance is present in his or her Horse’s body during an Event. Persons Responsible are responsible for any Prohibited Substance found to be present in their Horse’s bodily Samples. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the Person Responsible’s part be demonstrated in order to establish an anti-doping rule or medication control violation.”

In reaching its conclusion the Tribunal concluded the substance at issue – Capsaicin – was a “Medication Class A” rather than a “Doping” substance based on its interpretation of the list of prohibited substances.

In considering the sanctions to be given to the PR in this case, the Tribunal took into account the followings:

– the fact that the PR is an experienced sportsman and that the behavior of anyone at the top of the sport and particularly at the Olympic Games must be faultless since the eyes of the world focus on performances at such events;

– the nature of the substance involved which is not only a potent pain relieving substance, but also an agent that can be used for hypersensitisation purposes;

-the fact that the source of the presence of the substance has not been established by the PR;

– the fact that the actions taken by the PR to control all possibilities of contamination and actions taken following the positive finding to reveal its source were not at the same level as established by other PRs at the same or similar events; and

– in regard to costs, the fact that the PR contributed to the prolongation of this case and, in particular, efforts to refuse acceptance of evidence argued by the PR’s team during the second hearing to be of vital importance.

On the other hand and in mitigation, the Tribunal also considered:

– the impeccable record and reputation of the PR;

– the hardship already caused to the PR including the loss of an Olympic medal; and

– the fact that the substance has not been previously detected in the context of FEI events and is often used by riders also for legitimate therapeutic reasons.

Disqualification of Tony Andre Hansen and consequences to the Norwegian Jumping Team

The horse Camiro and the rider Tony Andre Hansen are disqualified from the entire Olympic Games and all medals, points and prize money are forfeited. The combination’s results obtained in both the Individual and the Team Jumping competitions are annulled. As a consequence of this disqualification, the result of the Norwegian Jumping Team shall be recalculated not taking into account the results achieved by Tony Andre Hansen and Camiro.

Tony Andre Hansen has 30 days to appeal this decision to the Court of Arbitration for Sport (CAS).

The full text of the decision of the FEI Tribunal can be viewed here: CAMIRO