CAS disqualifies Michael Freund (GER) from 2004 FEI World Driving Championship

On 10 August 2006, the Court of Arbitration for Sport (CAS) communicated its decision in the appeal brought by the drivers Zoltan Lazar (HUN), Félix Marie Brasseur (BEL), the Hungarian Equestrian Federation, and the Belgian Equestrian Federation against the decision of the FEI’s Judicial Committee, driver Michael Freund (GER) and the German Equestrian Federation in a positive medication case involving the prohibited substance valerenic acid, found in the urine of Freund’s horse Mary 64 at the FEI World Driving Championship held in Kecskemet (HUN) in August 2004.

The CAS panel disqualified Michael Freund and the horse Mary 64 from the event. The gold medal in the Individual Four-in-Hand competition he had won was withdrawn and all prize money forfeited. Consequently, the ranking of the event will be rectified as follows: Zoltan Lazar (HUN) – first (gold medal); Ysbrand Chardon (NED) – second (silver medal) and Félix Marie Brasseur (BEL) – third (bronze medal). A new public medal ceremony will be organised before the next World Driving Championships scheduled to take place in Aachen at the 2006 FEI World Equestrian Games.

In disqualifying Freund, the CAS set aside the Judicial Committee decision that had been taken by a majority (Ken Lalo, Chairman, dissenting), reflecting the complexity of the case. The CAS result is compatible with the stance that was taken by the FEI Legal Department before the Judicial Committee and which it maintained before the CAS in support of the appellants.


Background information
The horse Mary 64, part of Michael Freund’s team of four horses at the 2004 FEI World Driving Championship, had tested positive to valerenic acid, a sedative and a prohibited substance under the FEI Veterinary Regulations.

Mr Freund had argued the presence of the substance was the result of the probable ingestion of a plant while grazing in the field outside the stables during the event. Moreover, valerenic acid had had no enhancing effect on the horse’s performance.

Various experiments were carried out after an initial hearing by the Judicial Committee in June 2005. These were aimed at determining the likelihood that environmental factors were the cause of the positive test result.

A majority of the Judicial Committee panel hearing the case, given conflicting evidence, had cited exceptional circumstances and had taken the decision to terminate the case without disqualification.


Comment by the FEI
“This decision is not surprising, as it affirms the strict liability principle reflected in the FEI’s anti-doping and medication control policies and as well as in the World Anti-Doping Code, which we have fully endorsed,” said Acting FEI Secretary General Michael Stone upon hearing the news. “The result validates the position the FEI’s legal department has held consistently since the outset of this matter, and one which had to prevail as the only way to ensure a level playing field.”