MICHAEL WHITAKER’S OLYMPIC ELIGIBILITY RESTORED

Source:  British Olympic Association

The British Olympic Association (BOA) has confirmed that Michael Whitaker, an equestrian athlete, has had his eligibility for Team GB selection at future Olympic Games restored with immediate effect following a successful appeal under the BOA’s Eligibility Byelaw.

At an event in La Baule in France on 15th May 2009, Whitaker’s male horse Tackeray tested positive for a substance prohibited by the Fédération Equestre Internationale (FEI). Whitaker, as the person responsible for the horse, was suspended from competition for four months from 25th June 2009 at an FEI tribunal.

In accordance with the BOA’s Eligibility Byelaw Whitaker was automatically rendered ineligible for Team GB selection at future Olympic Games.

Following an appeal from Mr Whitaker, the BOA Appeals Panel, chaired by Nicholas Stewart QC, considered the case. Mr Whitaker’s appeal was based on the grounds that:

• The doping offence was minor; and/or
• Significant mitigating circumstances existed in relation to the doping offence.

The Panel’s clear and unanimous view was that the offence could not be regarded as minor.
Nevertheless, the Panel did allow Mr Whitaker’s appeal on the grounds that it was established that there were significant mitigating circumstances in relation to the offence.

The Panel recognised that Whitaker was not personally negligent or at fault in relation to any systems, instructions or delegation about which he could have been expected to do anything more.

The Panel noted that there is no reasonable basis for concluding that Whitaker (or his groom) deliberately administered the prohibited substance, from which it follows that it did not enter the horse’s body with any intent by either Whitaker or his groom to enhance performance.