Rider warned, horse owner banned in doping case

Young Ecuadorian passenger Daniela Moreno has received a formal alert afterward the Equus caballus she was assigned to ride inwards an FEI-sanctioned lawsuit tested positive for phenylbutazone together with flunixin.

The breeder who rented the Equus caballus to her copped a two-year ban together with was fined 2000 Swiss francs (CHF), plus costs.

Moreno had competed inwards a 120km CEI YJ2* endurance ride on July 2, 2011, inwards Casablanca, Chile. Her mount, Xime, was selected for blood sampling together with testing the hateful solar daytime before the event.

Moreno, 17 at the fourth dimension of the breach, was given the alert past times the FEI Tribunal, afterward Professor Jens Adolphsen considered the representative on his own.

In his ruling, Adolphsen handed downward a 24-month ban on Rubén Parra Gaete, identified equally an additional soul responsible over the doping incident, equally he had rented the Equus caballus to Moreno for the event.

Phenylbutazone together with flunixin, anti-inflammatory together with pain-killing drugs, are listed equally controlled medications nether FEI drug rules.

Moreno had accepted the bear witness finding together with did non enquire for the B-sample to endure tested.

In submissions, Ecuador’s national federation explained that Moreno’s parents had borrowed Xime from Gaete, who had been both the possessor together with trainer of the horse.

It emerged that Gaete had been Moreno’s representative during the event, together with she had rented the Equus caballus from him to compete.

Adolphsen heard that Moreno had non been purpose of the horse’s preparation or management, neither before nor during the event.

Moreno explained to the judicature that she had competed on several borrowed horses inwards the past.

She had arrived at the lawsuit exactly 3 days before the competition, together with the Equus caballus had been assigned to her past times Gaete. She told Adolphsen that she had no responsibleness for Xime’s preparation, since the Equus caballus was taken attention of solely past times Gaete.

She argued that, given the circumstances, no sanction should endure imposed on her.

The FEI, inwards submissions, argued that, nether the rules, Moreno was the soul responsible equally she had ridden Xime at the event. She remained the soul responsible, regardless of the fact that she had been a kid at the fourth dimension when her entry to the lawsuit had been submitted.

Moreno went on to submit a disputation from her father, Bernardo Darquea, who had likewise been inwards accuse of the qualifying physical care for of the Ecuadorian squad for the Pan-American Games.

Darquea explained that he had organized the renting of horses for the Ecuadorian riders, including his daughter, for several events, including the lawsuit inwards question.

He explained that the allotment of horses to the riders had been at the discretion of the respective owners.

Indeed, Moreno had originally been scheduled to ride Candelaria inwards the lawsuit at the pump of the case, but the Equus caballus suffered an injury the hateful solar daytime before the lawsuit together with she was instead assigned Xime.

Darquea farther confirmed that the parents of the riders together with the riders themselves had left all matters relating to the horses, such equally food, medication together with training, to the horses’ owners.

Adolphsen likewise received a disputation from Leonel Concha, who worked for Gaete. Concha explained that he was taking attention of the horses for Gaete. Influenza A virus subtype H5N1 Equus caballus named Namibia was injured together with he had been instructed to give the Equus caballus Finadyne, which contains flunixin, together with phenylbutazone.

It was possible, he said, that he had mistakenly injected Xime, equally the horses looked similar.

Concha said he had underestimated the affair since he was non aware of the FEI anti-doping rules together with its potential consequences on individuals, together with that he had non confessed his error before equally he had been afraid of losing his job.

Adolphsen ruled that sufficient proof of a violation was established, maxim he was satisfied the substances had been administered mistakenly.

“The judicature thence needs to examine the query of ‘no fault or negligence’ or ‘no pregnant fault or negligence’ for the dominion violation,” he said.

Adolphsen, inwards his ruling, found that Gaete failed to demonstrate such lack of fault or negligence, together with was to a greater extent than oft than non liable for the actions taken past times his employee.

He said Gaete should cause got trained Concha nearly the FEI’s anti-doping rules.

He felt that a 24-month ban was warranted, from the appointment of his decision. Gaete was likewise fined CHF2000. He was likewise ordered to contribute CHF1000 inwards legal costs for the judicial procedure.

Adolphsen acknowledged that Morena had non been a purpose of Xime’s preparation or management.

However, he did non run across whatever ground to unloosen Morena from her responsibleness equally the soul responsible.

“The tribunal, however, is of the take in that the soul responsible exactly bears a kid marking of fault for the dominion violation, given that it is uncontested that the custody together with command of the Equus caballus was the responsibleness of [Gaete] at all times.”

The judicature imposed a alert on Morena together with ordered her to contribute CHF500 towards the legal costs of the judicial procedure.

 

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