FEI Tribunal Suspends Agusti Elias for Four Years After Double Positive Doping Test

Thu, 06/13/2024 - 15:18
Spain
Agusti Elias at the 2022 CDIO Compiegne :: Photo © Astrid Appels

The FEI Tribunal has decided to suspend Spanish Grand Prix rider Agusti Elias for a four-year period. The rider twice tested positive to doping.

Clenbuterol

Elias twice tested positive to Clenbuterol at the CDIO Compiegne in France on 19 - 22 May 2022 and at the CDI Fritzens in Austria on 8 - 10 July 2022. The samples had the estimated concentration levels of 1.5 ng/mL and 0.04 ng/mL.

The Athlete did not have a TUE to justify the Presence of Clenbuterol in his system.

As a signatory of the World Anti-Doping Agency (WADA) Code, the FEI has developed Anti-Doping Rules for Human Athletes (ADRHA) which comply with the code as well as with WADA’s International Standards. In the FEI's ADRHA, specific requirements apply to "International-Level Athletes"For dressage this counts for athletes ranked in the Top 300 of the FEI World Rider Ranking.

Hearing

Elias was notified of the violation on 1 September 2022 and was provisionally suspended by the FEI.

In his FEI hearing Elias argued that he had never taken any kind of Prohibited Substance both in and out of competition or medication that may have contained Clenbuterol. He submitted information about the supplements he was taking around the time of the AAF: Solaray L-Carnitine 500 mg, CafeinaConcept and Solaray Maca, stating that none contained clenbuterol.

A horse in his barn, Silvio, was administered spasmobronchal medication containing Clenbuterol in that time period. The Athlete only realised this medication contained Clenbuterol after he was notified of the positive doping test.

Elias changed lawyers in the process of his case and provided conflicting statements, first saying he used no protective equipment (such as gloves, glasses or a mask) while treating his horse while in the Judicial Expert Report it said that “he never used goggles or a protective mask, but always used latex gloves during the administration of this or any other treatment to the horses”.  

Elias explained that he handled the medication with his bare hands because the little spoon provided with the package got lost easily and that he mixed the medication into his horse’s food by hand as the horse took it better when mixed with food. He alleged that while treating his horse, he must have unknowingly touched his face or mouth with his hands thereby contaminating his system with Clenbuterol. He recalled that it was hot weather at that time of year, and it would have been normal to wipe away any sweat near his face with his hand. 

FEI Rebuts

The FEI submitted an Expert Opinion from Professors Thierry Buclin and Jérôme Biollaz  from the Centre Hospitalier Universitaire Vaudois/ Lausanne University, which concluded that he hypothesis of accidental airborne contamination during preparation and administration of the Spasmobronchal medication to the horse was highly improbable. 

Regarding ingestion of some particles of the medication by the Athlete it was pointed out that the ingestion of at least 1-2 grams of granules per day, i.e., a teaspoon or so, by the mouth during the periods considered would be necessary to explain the urinary concentrations measured. The oral absorption of a smaller dose, but closer to the urine sampling might be an alternative explanation, but not consistent with the statements of the athlete.

The FEI suggested alternative theories for the ingestion of Clenbuterol by the Athlete, such as use as a way to increase lean muscle mass and reduce body fat.

Tribunal Decision

In its Final Decision, the FEI Tribunal decided to suspend the athlete for a period of four years, starting from the date of the FEI Tribunal Final Decision (4 June 2024). The provisional suspension already served by the athlete shall be credited against the ineligibility period.

Additionally, the athlete was disqualified from all results obtained at the events, fined CHF 5,000 and asked to pay costs of CHF 3,000.

Elias can appeal to the Court of Arbitration for Sport (CAS) within 21 days of receipt of the decision.

Read the full Tribunal document here.

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