Related case:
CAS 2019_A_6283 Paul Sergio Mateo Santana Filho vs FEI
June 10, 2021
In July 2018 the International Equestrian Federation (FEI) reported an anti-doping rule violation against the Salvadorean Athlete Paulo Sergio Mateo Santana Filho after his A and B samples tested positive for the prohibited substance Boldenone.
After notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the FEI Tribunal.
At first the Athlete claimed with evidence that he had consumed contaminated meat while he was in Guatemala and in El Salvador in May 2018. Further he requested to lift the provisional suspension in order to compete for El Salvador in July 2018.
However in July 2018 the Hearing Panel decided to uphold the provisional suspension due to the Panel deemed that the Athlete failed to produce any clear, cogent and convincing evidence proving that the concentration Boldenone in the meat he consumed in Guatemala could have stayed in his system until the day he was tested.
Hereafter in September 2018 the Athlete asserted that after further investigations he believed he had determinded the source of the Boldenone. He also admitted the violation, denied the intentional use of the substance and argued that he bore No Fault of Negligence.
In his submissions in November and in February 2019 the Athlete stated that he no longer believed that the source was contaminated meat but instead accidental skin contact with Boldenone. He explained that the positive test was caused by the direct result of the substance leaking and drying onto his hands during medical treatment of horses when he administered injections.
FEI contended that the Athlete’s explanation was extremely unlikely to have caused the positive test result and requested the Panel to impose a fine and a sanction of 4 years. FEI considered it to be an aggravating factor that possession of the prohibited substance Boldenone was also an anti-doping rule violation and FEI could potentially open a new case against the Athlete for this rule violation.
Considering the evidence in this case the Hearing Panel finds that the Athlete did not establish the source of the Boldenone and failed to establish that the anti-doping rule violation was not intentional. Although intentional use cannot be ruled out, the Athlete at the very least was engaged in conduct which he knew carried a significant risk and disregarded that risk.
Therefore the FEI Tribunal decides on 25 April 2019 to impose a fine and a 4 year period of ineligibility on the Athlete starting on 11 July 2018.