Legal Update - Decision of the FEI Judicial Committee

The FEI Judicial Committee held a hearing yesterday, April 7, in London in the matter of the FEI v. Meredith Michaels-Beerbaum. The hearing dealt with the apparent positive finding for a metabolite of Acepromazine in a urine sample taken from the horse Shutterfly ridden by Meredith Michaels-Beerbaum (GER) at the FEI World Cup Final in Milano (ITA) which took place on 21-25 April 2004. At a hearing lasting close to ten hours the Judicial Committee heard arguments made by the counsel for the parties and considered evidence presented by the parties, including the testimony and reports of various experts. The evidence included the testimony of Dr. Bonnaire and Dr. Sluyter on behalf of the FEI and of Dr. Bigler and Dr. Cronau on behalf of the PR. The evidence also included numerous written expert opinions and written testimony.

The Judicial Committee accepted that certain procedural anomalies occurred that could be interpreted to affect the PR’s due process rights to verify the applicable procedures and results. These included particularly a limitation on the ability of the PR to witness the “B” sample analysis.

The Judicial Committee acknowledged the parties’ joint acceptance that there was no deliberate attempt by the PR to affect the performance of her horse.

Based on the evidence and testimony the Judicial Committee concluded the proceedings and fully exonerated the PR from any apparent breach of rule which was the subject of these proceedings. The Judicial Committee accepted the parties’ agreement whereby each party shall bears its own costs and the parties have waived any right of appeal.

NOTES TO THE EDITOR

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
Witnesses:
Dr. Frits Sluyter (NED), Head of the Veterinary Department of the FEI
Yves Bonnaire (FRA), Director Laboratoire des Courses Hippiques (LCH) in France

Present for the Person Responsible:
Meredith Michaels-Beerbaum (GER)
Ulf Waltz (SUI), lawyer
Dr Alexander Birnstiel (GER), lawyer
Markus Beerbaum (GER), observer
Witnesses:
Dr Laurent Bigler (SUI), Institute for Organic Chemistry, Zurich University
Dr Peter Cronau (GER), veterinary surgeon

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.