FEI 2022 FEI vs Agusti Juan Elias Lara

In September 2022 the International Equestrian Federation (FEI) reported an anti-doping rule violation against the Spanish rider Agusti Juan Elias Lara after his sample tested positive for the prohibited substance Clenbuterol.

Following notification a provisional suspension was ordered. The Athlete filed a statement in his defence and he was heard for the FEI Tribunal.

The Athlete accepted the test result and denied the intentional use of the substance. He requested for a reduced sanction and argued that he was tested before without issues.

With support of expert witnesses the Athlete argued that there was cross contamination with Clenbuterol. He explained that the substance entered his system when he administered a prescribed Spasmobronchal medication to his horse.

He asserted that during administration of this medication he didn't use protective gear whereas he was not warned by his veterinarian that this medication contained Clenbuterol. Further he acknowledged that he had not checked if his supplements contained banned substances.

FEI and its expert witnesses assessed and addressed the Athlete's evidence and deemed that the possibility was highly improbable of the Athlete's contamination by a Spasmobronchal medication being the source of the positive sample.

FEI considered that more likely sources existed from which the prohibited subsance may have entered his system. Consequently FEI contended that that the Athlete did not establish the source of the prohibited substance, nor evidence that he acted not intentionally.

The Panel finds that the presence of a prohibited substance has been established in the Athlete's sample and accordingly that he committed an anti-doping rule violation.

In view of the evidence the Panel finds that the Athlete failed to demonstrate that the violation was not intentional, nor the source of the prohibited substance. Moreover the Panel concludes that there are no grounds for a reduced sanction.

Therefore the FEI Tribunal decides on 4 June 2024 to impose a fine and a 4 year period of ineligibility on the Athlete, starting on the date of the provisional suspension, i.e. on 1 September 2022.

Original document

Parameters

Legal Source
Decisions International Federations
Date
4 June 2024
Arbitrator
Pitts, Diane
Original Source
International Equestrian Federation (FEI)
Country
Spain
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
Burdens and standards of proof
Case law / jurisprudence
Circumstantial evidence
Fine
Sole Arbitrator
Sport/IFs
Equestrian (FEI) - International Equestrian Federation
Laboratories
Paris, France: Agence Française de Lutte contre le Dopage (AFLD)
Doping classes
S1. Anabolic Agents
Substances
Clenbuterol
Various
Contamination
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Pdf file
Date generated
18 July 2024
Date of last modification
23 July 2024
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