18 March 2014
Great Court of Arbitration of the German Equestrian Federation overturns ruling by the Disciplinary Commission of the FN dropping proceedings against Isabell Werth
The Great Court of Arbitration of the FN – the highest authority of the association’s internal jurisdiction of the German Equestrian Federation (FN) – has decided today to dismiss the case against the dressage rider Isabell Werth due to alleged prohibited medication of her gelding El Santo in June 2012. Isabell Werth as one of world’s most successful dressage riders is represented by lawfirm BAUMEISTER. She prevailed with her argumentation that in the event that minimal remnants of an internationally acceptable, but only nationally (yet) banned agent which had been found in the urine of the horse does not constitute a violation which should be punished with a ban of the rider. The judges of the first instance had already confirmed that Isabell Werth had not administered the medication intentionally. The argumentation, that the medication had gotten into El Santos through the stable’s malfunctioning drinking system was held up by two independent reports of experts but wasn’t sufficient enough for the judges of Disciplinary Commission who slapped Mrs. Werth with a six months ban on national and international competitions plus a fine. The successful appeal was directed against this ruling. The assigned lawyers for Mrs. Werth’s case, Andreas Kleefisch and Dr. Frank Andexer, wouldn’t give an assessment of the political implications for the sport yet. “We have to read the judge’s written arguments first. The dropped proceedings are final, but the judge’s reasoning which apparently also includes the concentration of the substance may well be leading the way for other cases.”
Source: Andreas Kleefisch, lawyer
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