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Rider that returned positive test on amphetamine and cocaine gets standard four-year ineligibility period reduced to two years

Thursday, 30 July 2020
FEI Tribunal

A German rider that tested positive to benzoylecgonine – a metabolite of amphetamine and cocaine – has had the standard four-year ineligibility period reduced to two years. An agreement between the FEI and the rider was approved by the FEI Tribunal earlier this month. 

Tests taken from Jan-Philipp Weichert on 10 June 2018 during the CSI2* German National Championships in Balve returned positive on amphetamine and cocaine. Both are non-specified substances that are prohibited in competition under the 2018 WADA Prohibited List.

In the reasoning of the case, it is referred to how Weichert admitted the violation – explaining that he deliberately took amphetamine and cocaine during his own birthday party on 9 June 2018.  Weichert explained that: “Because of my birthday and the good jumping results I wanted to celebrate with friends. Since most of my friends are horse riders and were present in Balve it was a good opportunity to have the party. Therefore, I decided to have a private party in a secluded area next to the VIP area. The secluded area was a smaller party tent. My party was not official or public. It took place for invited guests only.” 

Weichert furthermore explained that because of “the good and euphoric atmosphere”, he let himself be seduced to take the drugs – which he said was an “irresponsible act”. He also detailed that it was not the first time that this happened at a party, and that he sometimes did this to reach a better mood. He said it did not happen regularly every weekend.

However, Weichert pointed out that due to the short effect of the drugs there was not – and could not – be any intention to enhance his sport performance. The drugs were not intended to influence his sport performance, but rather a private motivation during his birthday party. 

To the Tribunal, Weichert explained his mistake had destroyed his business, employment for his staff and his whole existence. He stated that: “I can only underscore how foolish my actions were and that I will regret this decision and lack of responsibility for the rest of my live and my sports career.”

In FEI’s opinion, Weichert had demonstrated that the ingestion and consumption of the substances was unrelated to sport performance since he established, on a balance of probabilities, that the use of the substances was done in a context unrelated to sport – “namely to celebrate his birthday” – and therefore not intentional. The FEI concluded that a two years ineligibility period was to be imposed on Weichert. 

The FEI Tribunal accepted that the violation was not intentional. It found that since the substances were consumed in a context unrelated to sport, the standard four-year ineligibility period could be reduced to two years. 

Weichert has already served the ineligibility period, which started on 2 July 2018 and ended on 1 July 2020. All results recorded by Weichert from the date of the event have been disqualified. Weichert was also ordered to pay a fine of CHF 1,500. 

The Final Tribunal Decision can be found here.

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

 



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