In the latest phase of the battle between Isabell Werth and the German Equestrian Federation (FN), Isabell has been granted full injunction against FN secretary-general Sönke Lauterbach who according to her lawyers has made "untrue statements" in public on her positive medication case.
Werth's lawyer Andreas Kleefisch filed an injunction against Lauterbach based on the statement he made in reaction to the press release FN title sponsor FENDT issued on 30 January 2014.
Tractor company Fendt sent a press release to the European equestrian media in which Peter-Josef Paffen, Vice President and Chairman of the AGCO/Fendt Management Board, criticized the German Equestrian Federation. "We do not appreciate the unfair treatment of this world class rider and demand (from the FN) to immediately dismiss charges (against Werth)."
Fendt also stated that "Isabell Werth has shown that the alleged contamination of the urine sample of her horse was caused by the contamination of the watering system of the stable. An expert assigned by Isabell Werth verified this. Another expert hired by the German Equestrian Federation (FN) came to
the same conclusion."
In the FN press release Lauterbach reacts to this quote by stating, "the expert reports describe only the technical possibilities, they did not testify on the probability" (German original quote: "Die Gutachten beschrieben lediglich die technischen Möglichkeiten, sie trafen aber keine Aussagen zur Wahrscheinlichkeit.")
Isabell's law firm claims that this is not true and sent Lauterbach a "cease and desist" petition which he had to sign. The document detailed that Lauterbach could no longer state the above in public or he would be liable to prosecution. Lauterbach refused to sign so Werth's law farm went to Munster court and on 5 February 2014 was granted full injunction.
Munster court ruled that "the incorrect reproduction of information collected during the expertise may influence public opinion on the trial and may lead to a pre-judgement of the defendent before the legal process is completed."
Photo © Astrid Appels
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