FEDERATION
EQUESTRE INTERNATIONALE FEI PRESS NEWS 27 MARCH 2005 
Decision
of the FEI Judicial Committee on positive Medication case WaterfordCrystal/Cian
O'Connor (IRL), Olympic Games 2004 Athens (GRE) Following
a hearing held in Zurich (SUI) on 27 March 2005, the FEI Judicial Committee determined
that there had been a breach of FEI General Regulations Art. 146.2 at the 2004
Olympic Games in Athens relating to the presence of the prohibited
substances of fluphenazine and zuclopenthixol in the horse Waterford Crystal
ridden by Cian O'Connor (IRL). The Judicial Committee accepted the
reports of the analysis of the A urine sample as performed by the Laboratoire
des Courses Hippiques (FRA)and also the analysis on a blood sample as performed
by the USEF Drug Testing and Research Laboratory (USA) . The FEI Veterinary Regulations
Art. 1022 permits the combination of analyses of blood and of urine. The
Judicial Committee decline to rely upon what is identified as an A Blood Sample
analysis. The Judicial Committee decided that both substances as above are Prohibited
Substances within the meaning of the Veterinary Regulations. Accordingly
the following consequences shall apply: 1) Disqualification from all
competitions of the 2004 Olympic Games in Athens pursuant to General Regulations
Art. 146.2 and 174.7.1. 2) The Person Responsible shall make a contribution
to the costs of CHF 5000 pursuant to General Regulations 174.12. 3) Suspension
for the period of 3 months commencing at the date that is 30 days after the receipt
by Equestrian Federation of Ireland of the full written decision of the FEI Judicial
Committee. The Judicial Committee is satisfied that the PR has established
that he was not involved in "a deliberate attempt to affect the performance
of the horse ..." as referred to in General Regulations 174.7.3. The
above is a brief summary of the reasons and the Decision. NOTES TO
THE EDITOR Olympic Games results: Cian O'Connor (IRL) and Wateford
Crystal finished 1st of the Individual Jumping competition of the 2004 Olympic
Games in Athens. Silver Medallist was Rodrigo Pessoa (BRA) on Baloubet du
Rouet. Date of the hearing: The date of the hearing was selected
following scheduling difficulties of all parties and their witnesses and not solely
related to O'Connor's party as stated in the FEI Press news dated 22 February
2005. Composition of the Hearing: FEI Judicial Committee:
Mr. Ken E. Lalo (ISR), Chairman Mr. Erik Elstad (NOR) Mr Francis Michielsens
(BEL) Mr. Philip O'Connor (IRL) Present for the FEI: Mr Alexander
McLin (SUI), Head of the FEI Legal department Dr. Jean-Marc Reymond (SUI),
Carrard Paschoud Heim & Associés, Legal Counsel assisted by Caroline
Nguyen Witnesses: Dr. Frits Sluyter (NED), Head of the Veterinary
Department of the FEI Prof. Marianne M. Sloet van Odruitenborgh-Oosterbaan
(NED), Faculty of Veterinary Medicine Utrecht University Yves Bonnaire
(FRA), director Laboratoire des Courses Hippiques (LCH) in France Present
for the Person Responsible: Cian O'Connor (IRL) Michael Collins (IRL),
Senior Counsel, Coonan Cawley Solicitors Andrew Coonan (IRL), Solicitor, Coonan
Cawley Solicitors Pierre-Yves Tschanz (SUI), Lawyer James Cawley (IRL),
Solicitor, Coonan Cawley Solicitors Witnesses: Prof. Tom Tobin
(USA), veterinary surgeon James Sheeran (IRL) MRCVS, veterinary surgeon (Cian
O'Connor's veterinarian) Jane Doyle (IRL), head groom Appeal:
The Person Responsible may file an appeal against the decision of the Judicial
Committee with the Court of Arbitration for Sport within a period of 30 days,
upon receipt of the formal decision, in accordance with Article 170 of the General
Regulations of the FEI. The FEI list of prohibited substances for horses
is published on the FEI website www.horsesport.org section veterinary - medication
control. The FEI complete legal procedure for positive medication cases is published
in the section legal - legal procedure.
Muriel Faienza Communication
Manager
Fédération Equestre Internationale Avenue Mon-Repos
24 1005 Lausanne Switzerland #############################################################
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