Macken disqualified from RDS competitions

EDDIE MACKEN was yesterday disqualified from all competitions at the 2008 Dublin Horse Show, having been found guilty by the International Equestrian Federation (FEI) tribunal of failing “without compelling justification” to submit the mare Tedechine Sept to sample blood/urine collection.

The tribunal described it as an “inadvertent technical violation” by the Canada-based Longford rider, who was fined 1,500 Swiss francs and ordered to pay the same amount towards the legal costs of the judicial procedure.

The ruling does not specifically mention the nations cup competition at the RDS, in which Macken competed, but FEI spokesperson Malina Gueorguiev confirmed yesterday that, as a result of the ruling, the Irish team was also disqualified from their second place in the competition – forfeiting €34,000 prizemoney – as the retirement of another rider in the second round reduced the team to just two, less than the minimum requirement.

Macken could not be contacted to determine if he intended appealing the ruling.

Outlining the background to the case, the FEI tribunal said that two days prior to Dublin Horse Show, Tedechine Sept suffered colic and was treated with the anti-spasmodic buscopan and the non-steroidal anti-inflammatory drug phenylbutazone. Macken requested permission to compete and was informed he needed to fill out a therapeutic use exemption form. However, he “failed to do so”, said the tribunal, which cited the reports of the foreign judge at the show and the foreign veterinary delegate.

On the first day of the show, Macken was told that the ground jury had refused him permission to compete. A personal hearing was granted, also attended by Irish team manager Robert Splaine and FEI director of show jumping John Roche. Ultimately, after Macken and Splaine had excused themselves, it was decided that Tedechine could compete on two conditions:

1. the horse would be tested during the show, 2. the horse would not be allowed to leave the show without the prior authorisation of the ground jury. A document was drafted outlining the conditions and, according to Splaine, Macken said he did not “have any issues with it.”

On the day of the Nations Cup, “the horse was injured and needed medical treatment”. On the following day [Saturday], the ground jury and the veterinary commission decided, that “for the welfare of the horse”, it would be tested on Sunday.

Then there follows claim and counter-claim about the whereabouts of Tedechine on Sunday. Irish team vet Shane Fouhy said he examined the horse on Sunday morning at the stables and “found the horse to be in good shape”.

Testimony was provided that the horse was in its box in the “morning hours” when checked by the stewards on a number of occasions. However, at 10.50am, chief steward Kate Horgan met Mr Fouhy and was informed that Tedechine Sept was not in its box and neither was Macken’s second horse. Horgan conducted a search of the grounds, including Macken’s lorry on the grounds, but could not find the horse.

Macken’s groom, however, testified the horse was on the grounds until 7pm and that she had picked up the horse’s passport in the afternoon and was not told the horse was required for testing. It was claimed attempts were made to contact Macken by phone. He said he had not received any such calls, messages or missed calls.

Amazingly, though it was claimed Macken could not be contacted, he was presented with an award on Sunday in the main arena.

The tribunal found that while the horse was required to be tested, there was no onus on Macken to “chase officials”, saying that as he was well known, officials could have approached him.

The tribunal also said that it could not establish that Macken had evaded sample collection, as this contemplates intentional conduct, which was not supported by the evidence. However, it found he had not adhered to the second condition of the letter and had not sought authorisation to leave the show. This, however, was described as an “inadvertent technical violation” by a negligent Macken. It noted that the well-known 59-year-old rider could have been located, that there were “ample” opportunities to test the horse during the show and that Tedechine’s passport could have been withheld.

Officials were also criticised for allowing participation without the therapeutic exemption form being filled out. The tribunal found that the letter with the two conditions should not have been drafted in such haste.

The tribunal said Macken’s violation did not warrant more than a minimal sanction and that, ultimately, the whole episode could have been avoided.