It’s been 13 months since the 2005 World Endurance Championships in Dubai, United Arab Emirates, but today (March 13) officials from the Federation Equestre Internationale announced that they’ve received the final decision by the Court of Arbitration for Sport on the race’s outcome.
And the gold medalist is: Barbara Lissarague of France on Gorgeat, the second pair to cross the finish line.
That’s because the CAS ruled that the apparent winner’s positive medication test was legal and valid. Sheik Hazza bin Sultan al Nahyan of the UAE was removed as the winner because his horse, Hachim, had the prohibited substance methylprednisone in his system. But that test was just the first of many steps to determine the winner.
Last April 28, the FEI Judicial Committee voted to dismiss the case because a communication mix-up had prevented Hazza, or a representative, from being present when they tested Hachim’s B sample. But a month later Lissarague and the championship organizers appealed the FEI’s decision to the CAS, which has spent the nine months since then reaching its decision.
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It took a long time, but the case has tremendous significance to the FEI’s drug-rule enforcement. In a statement, FEI officials said, “In this case, the CAS panel was faced with determining where the delicate balance should lie between the strict liability afforded to riders by the FEI’s medication-control rules and the due-process rights of athletes. The FEI Judicial Committee panel decided, on the basis of the facts and law before them, that under the circumstances, Sheikh Hazza’s procedural rights prevailed. After considering very substantial briefs, as well as new written and oral testimony from all parties, the CAS panel decided that the balance rather lies in favor of the rules to ensure a level playing field.”
Added Alexander McLin, the FEI’s legal director, “The CAS panel reiterated the strong legal foundations supporting sports federations’ rights to autonomous governance and rulemaking, and distinguished athletes’ procedural rights in a private sports environment from those involved in facing criminal prosecution. As a result, while the Judicial Committee’s decision [has been] set aside, there is much that is positive in this decision, including a welcome answer to certain difficult procedural queries, such as the ability for the FEI to qualify or limit the rights of athletes in the testing process.”
Sven Holmberg, chairman of the FEI Task Force on Doping and Medication Policy, observed, “This decision is perfectly in line with the spirit of the task force recommendations. Regardless of formalities, the bottom line of the case is that the horse indisputably tested positive and had to be disqualified to restore sports equity.”
The new silver medalist is Sheik Mohammed bin Rashid al Maktoum of the UAE, on Nashmi, and the bronze medalist is Sheik Hazza bein Zayed al Nahyan of the UAE, on Mindari Aenzac. The decision didn’t affect the team medals.