Swiss jumping rider Nadja Peter Steiner has been suspended for two years by the FEI Tribunal after it decided there was no real proof her horse ingested Tramadol by licking the stranger who held him during a prize giving ceremony.
Peter Steiner said Saura de Fondcombe could be seen licking the arms and hands of the person delegated to hold him during the 20-30 minute prize giving ceremony at the CSI3*-W – Tetouan in Morocco in October 2017.
But her efforts to trace the source were hampered by the organising committee’s non- co-operation, despite the fact the handler was clearly identifiable in official show photography.
Saura de Fondcombe returned a concentration of 0.5 ng/mL of banned O-Desmethyltramadol, an opioid analgesic used in humans for the control of moderate to severe pain, better known as Tramadol. It is not licensed for veterinary use in horses but the FEI is aware of use in equestrian sport, where Tramadol was “used and abused due to its efficient analgesic properties and fewer side effects.”
The FEI’s own expert, Professor Stuart Paine said it was “plausible” that 0.5 ng/ml plasma could be obtained from contamination through contact with human sweat, or if someone urinated on a horse straw bed soon after taking Tramadol and and the horse ingested at least 100 mls of that urine.
Saura de Fondcombe was sampled again five days later and tested clean. The FEI highlighted that the low concentration did not necessarily indicate contamination.
The rider submitted that it was not possible to determine exactly how and when the substance entered the horse’s body, as required by anti-doping rules, but there was quite conclusive evidence about the role of the handler. However, it was impossible to pursue it, due to circumstances the rider could not control or forseen.
After winning the Grand Prix, she had to hand the horse to a staff member of the organizing committee for the entire prize-giving ceremony, during which the horse had plenty of time to lick the handler.
The event was at a military base with no public access. She had tried to get water samples, as well as to contact the person in the picture.
But the show replied that – despite photographic evidence – none of its personnel had contact with the competition horses. She also said that even if she had identified the handler, “that person would never have admitted taking Tramadol and thus having caused a positive finding, or have admitted anything which would put The Morocco Royal Tour which was under the patronage of King Mohammed IV of Morocco under a negative image.”
Show staff had not, in her view, been properly instructed nor supervised to avoid contact with the competition horses. She bore No Fault or Negligence, and any further suspension (on top of time served during a provisional suspension which was later lifted) or other sanction would be highly disproportionate.
The horse is based in stables at Bois-le-Roi near Fontainebleau, France, host for a number of professional riders. Her stable management and professional environment were of the highest standards. If a horse is not fit, it did not compete, with work reduced until that horse was fit again. As a result, her horses did not have many treatments.
The FEI submitted that the PR has to provide clear and convincing evidence that proves how the ODesmethyltramadol entered the system. The FEI submitted that while the science was not disputed, there was no evidence of any person taking Tramadol being close to the horse. Neither was there any evidence local water supplies being high in Tramadol concentration, and had it been, it would most likely have caused other positives from the event.
Despite the difficulty in keeping control over what the horse ingests at all times, the CAS (Court of Arbitration for Sport) has confirmed that the rider is in the best position to have this control and, naturally, also the person to have strict liability in relation to a positive finding in the horse.
As confirmed by various CAS panels, the rider has to present factual circumstances; mere speculation or theoretical possibility are not sufficient.
The rider was fined CHF 7,500 in addition to the two year suspension. This was credited against time served during a provisional suspension, meaning Peter Steiner is ineligible to compete through May 2021.
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