29/04/2006 - Sheikh Hazza bin Sultan al Nahyan (UAE) files an appeal
The FEI has received notice that Sheikh Hazza bin Sultan al Nahyan (UAE) has filed an appeal with the Swiss Federal Supreme Court to the Court of Arbitration for Sport (CAS) which had disqualified him as the winner of the 2005 World Endurance Championship.
Note to the editor :
On 10 March 2006, the Court of Arbitration for Sport (CAS) issued its decision in the matter of the appeal concerning the winner of the 2005 FEI Endurance World Championship, Sheikh Hazza bin Sultan al Nahyan (UAE). The rider was disqualified after his horse Hachim tested positive to the prohibited substance Methylprednisolone.
The FEI Judicial Committee had dismissed the positive medication case concerning Hachim, due to an irregularity in the usual legal procedure, whereby Sheikh Hazza was denied the possibility to send a witness to the laboratory to attend the confirmatory analysis.
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 that initially considered the matter 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 favour of the rules enacted by the FEI General Assembly to ensure a level playing field.
The decision of the Judicial Committee is published on the Legal section of the FEI website www.horsesport.org. The decision concerning the appeal will be published in due course on the CAS website: www.tas-cas.org.
Saturday, April 29, 2006
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