On this unique H&H article, equestrian journalist Pippa Cuckson interrogates the FEI tribunal case of Andrew McConnon and considers whether or not the present technique of holding sport horse abusers to account is match for goal
The eventing group was shocked by the apparently lenient therapy of Andrew McConnon, the US five-star rider who in October was suspended simply 20 months for horse abuse.
Previous to the result of the FEI’s case and subsequent launch of the 120-page Tribunal doc on McConnon’s allegedly abusive practices, people had beforehand tried – unsuccessfully – to report him to US equestrian authorities.
Finally, the FEI authorized division thought it had a forged iron case, with eight witnesses testifying to the 39-year-old’s behaviour over a few years. It sought a lifetime ban. But the unbiased FEI Tribunal discovered no proof of long-term abuse, and regarded the FEI’s witnesses as much less convincing than the ten folks chatting with McConnon’s normal character, regardless of whether or not they have been current when alleged incidents passed off.
McConnon was sanctioned solely for 3 single incidents he admitted to, claiming he was below private stress. These have been all from February and March 2024, backed up with photos from an worker who made a concerted effort to acquire usable proof. Despite the fact that McConnon was responsible of some abuse, and of bringing equestrianism into disrepute, FEI Tribunal denied the FEI’s prices declare as a result of it had wasted “an excessive amount of time” with inadequate proof.
Apart from the three incidents proved, McConnon mentioned the opposite allegations “spiraled off” from movies that went viral on social media and have been “demonstrably false”. Whereas some video clips confirmed crucial “corrections” of horse behaviour, or rider actions to get the horse’s consideration, they weren’t meant to trigger ache and weren’t abuse.
As a part of his prolonged last assertion, McConnon mentioned: “As an expert athlete and an upper-level competitor, it’s my accountability to set an instance. Nonetheless, in March 2024, I used to be extraordinarily grateful to [witness name redacted] for kindly talking with me after a tough trip about what she had witnessed. That dialog helped me put my then present struggles into focus. I made the mandatory modifications that day and I used to be grateful for her forgiveness for my behaviour. This isn’t a case of I’m sorry I acquired caught. I’m genuinely sorry for my actions.” There was loads of stress in his private life on the time, however “being a non-public and unbiased individual, I incorrectly tried to deal with my struggles alone.”
How the Cesar Parra and Andrew McConnon instances differ
Solely two months earlier a 15-year ban was handed to US-based dressage Olympian Cesar Parra, successfully ending his profession at 65. Apart from the dialogue nonetheless ongoing about McConnon, and the broader challenges of social licence, the McConnon resolution is a big setback for the FEI authorized group. The FEI has, in any case, declared zero tolerance for offenders, and inspired whistleblowers to make use of its on-line reporting portal (which has solely led to proceedings in 4 per cent of reported incidents to date.)
We now have beforehand mentioned the alternative ways FEI penalises horse abusers. Something “on the sphere of play” is dealt with by the bottom jury and the punishment is unappealable. However as soon as the incident turns into “historic” or happens away from competitors, the emphasis shifts dramatically; it’s now as much as the whistleblower to show the case. It is a very large “ask” for a non-lawyer, even when the FEI’s skilled litigators take the lead.
McConnon and Parra have been charged with equally egregious practices akin to extreme use of whips and spurs (typically leading to weals and blood), hyperflexion and different technique of tying down a horse for extended spells, repeated jabbing of the horse within the mouth, working of horses identified to be lame and withholding meals and water as a punishment.
Two Tribunal members sat on each panels: Brian Ward, and Agustin Fattal Jaef. Nonetheless, there have been a number of distinct variations between the presentation which can clarify a number of the McConnon findings.
In opposition to Parra, 29 movies and 25 photographs clearly confirmed his involvement in incidents at concern. Some present extended abuse. The 4 witnesses took extra of a complementary position to the intensive proof that had been caught on digital camera. Solely two of his claimed 54 supporters have been truly ready to talk up on the day. Parra additionally incriminated himself. Whereas denying abuse (and never all allegations have been proved) he clearly felt there was nothing uncommon about his coaching strategies. The Tribunal was “amazed to see how artistic [he] has been in looking for methods and practices that might damage horses, in good indifference to their struggling”.
Against this, image proof in opposition to McConnon was restricted, with movies lasting only some seconds; in sluggish movement, one didn’t present what was described.
Furthermore the rider gave different explanations for the image content material – which the Tribunal largely accepted. For instance, he claimed a horse’s head was tied briefly to its forelegs to keep away from use of sedation or twitch for mane-pulling; it was not a punishment.
He was additionally given appreciable credit score for fulsome expressions of regret over the three 2024 incidents proved, which have been hitting the horse seven instances on the high of the neck, utilizing the whip inappropriately on the shoulder and haunches, and utilizing the reins “firmer than crucial” to ask the horse to bend and jabbing it within the mouth 3 times. He’s solely the second individual in a Tribunal abuse case to make an apology; the primary being Charlotte Dujardin in 2024. (Usually, riders vigorously defend their actions.)
The significance of witnesses within the Andrew McConnon case
Thus the McConnon case hung extra on prosecution witnesses, a lot of whose testimony was disregarded on account of ambiguities below cross-examination.
There’ll, to me, all the time be comprehensible reminiscence gaps over historic occasions. It’s no shock {that a} groom who was solely 17 on the time, and sure in awe of her employer, would stumble over precisely who was current 11 years in the past for the alleged administration of anti-inflammatories to hide abuse from a horse’s proprietor. This kind of “wobble” when challenged by an skilled defence lawyer can typically negate the witness’s total testimony, with no recognition that no less than a few of it occurred.
The identical lack of weight was afforded to McConnon’s neighbour, who claimed to have watched a chronic spate of abuse from her property. She mentioned McConnon “unleashed” his whip on horse, getting it into such a state that it flailed round in a “drunken waltz”; however she later was discovered not to have the ability to see all the pieces described from her vantage level. This undermined her account of all the incident.
Horse abuse is outlined below FEI Common Rules Artwork 142 as “an motion or omission which causes or is more likely to trigger ache or pointless discomfort to a Horse.” It could be famous that the singular is used – “an motion” – and that ache doesn’t must be proved.
There’s nothing in Artwork 142 to recommend that abuse have to be repeated or sustained to be an offence. Certainly, riders who whipped or violently kicked a horse in a single quick outburst have been handed important sanctions in a number of instances earlier than the pandemic. Some have been cited within the McConnon resolution. This included one case protested by me, in opposition to an endurance rider who whacked a horse twice on the high of the neck with a full plastic slosh bottle, with video proof merely drawn from the official livestream of the race; he was banned for six months. None have been deemed similar to the McConnon allegations.
How Tribunal abuse selections have shifted over time
These studying all Tribunal abuse selections chronologically might discover just a few refined shifts in its strategy over time: we are able to speculate, albeit speciously, whether or not McConnon might need been suspended for longer if disciplined 5 – 6 years in the past.
Tribunal appears extra cautious these days, having collected a sizeable cache of “case regulation” (ie, precedent) on horse abuse since 2014. Earlier than then, its work principally associated to doping, interpretation of sport guidelines or last-minute disputes over Olympic {qualifications}.
The Tribunal may additionally be extra delicate to potential appeals. In 2021 there was a devastating setback for the FEI when its file 20-year ban on an endurance rider was overturned by the Courtroom of Arbitration for Sport (CAS). Relating to McConnon, Tribunal mentioned: “the extra critical the allegation and its penalties, the upper certainty (degree of proof) the Panel requires to be comfortably happy.” It additionally referenced CAS’s ruling that sanctions have to be proportionate and “should not exceed what within reason required within the search of a justifiable goal”.
However are sport guidelines the right approach to deal with the equine equal of assault on a human, which may even imply jail when prosecuted by regulation enforcement? The horse is a very awkward match within the gamut of sport regulation.
Separate animal safety legal guidelines barely determine in present discussions. In any occasion, they differ broadly in FEI member international locations. Even within the UK they’re typically extra focussed on the neglect or hunger of leisure horses and ponies. The notion that issues could also be badly improper in an elite equestrian yard or racing secure is mostly off the police or RSPCA radar; they too would wish witness corroboration.
Notably, in Switzerland, equestrian authorities have been relieved when police took up the abuse case in opposition to showjumper Paul Estermann; as soon as convicted, this gave the Swiss equestrian federation irrefutable grounds to ban him instantly for seven years. However this occurs not often.
A “flawed” process for coping with horse abuse
The Editor requested me to think about what might need been performed higher within the McConnon case. Having reported on FEI disciplinary proceedings over 40 years, and had direct involvement in bringing 4 abuse allegations to Tribunal, I’ve thought of this quite a bit. My conclusion is that the process itself is flawed.
For positive the FEI witnesses weren’t as strong as some. There was albeit comprehensible prior dialogue between a few of them, which fed the defence’s argument of collusion to deliver McConnon down; extra photographic proof would have supported their case. However the different would have been concentrating on the three incidents from early 2024 – or dropping the case fully. Doing nothing would have resulted in additional reputational injury for equestrianism at this important time.
The present system for disciplining out of competitors abuse tries to shoehorn a felony court-style authorized course of into the capabilities of a sporting regulatory physique with restricted assets to analyze something, by no means thoughts what goes on behind closed doorways. The FEI just isn’t the police; it can not enter personal premises; it can not sequester paperwork, CCTV footage, telephones, gadgets, emails or social media accounts; it can not compel anybody to testify.
Worse nonetheless, the sufferer – the horse – can not converse and thus a 3rd get together should attempt on its behalf – typically somebody younger and afraid to confront their boss. (In an alleged incident from 2019 within the McConnon case, an skilled vet determined to not report regarding whip marks, hoping another person would accomplish that.) Youthful workers members might imagine abusive therapy is kind of regular till discussing it a lot later with others.
It’s hopelessly unrealistic to count on anybody to video riders at shut quarters 24-7 within the expectation they may err, however that is in impact required for profitable prosecution of out of competitors abuse. (On the sphere of play, official livestream footage when accessible ticks the “authenticity” field and has typically sufficed.)
These courageous sufficient to attempt inevitably find yourself filming covertly, from lengthy distance. Issues of identification then come up, and precisely what occurred is tough to select. Witnesses should even be ready for robust interrogation from the rider’s defence group. I’ve been there; it’s not for the faint-hearted!
What’s the answer?
I have no idea the answer – however one have to be discovered. It could not assist quick time period, however I imagine something associated to welfare and horse abuse needs to be re-worked into a brand new and prolonged welfare and abuse part in FEI Common Rules, and utilized uniformly on the sphere of play in all sports activities. Quentin Simonet, new president of the European Equestrian Federation lately proposed an identical transfer.
More practical jurisdiction over out of competitors abuse could also be a problem too far. The FEI has requested all member federations to align their horse abuse guidelines and processes with the FEI’s by 1 January, 2027, which can imply dealing with extra of those advanced instances themselves as a substitute of referring them to the FEI. How a modestly-resourced nationwide governing physique will fare stays to be seen.
How one can report horse abuse
Below FEI guidelines, there isn’t any statute of limitations in reporting abuse, although the earlier the higher. The FEI has a brand new abuse on-line portal, the FEI Reporting Hub, however you possibly can nonetheless electronic mail the FEI secretary-general with allegations and proof.
Something witnessed at an FEI occasion, at a nationwide present or away from competitors involving a FEI registered individual: report back to FEI and replica to the nationwide federation as back-up, ie British Equestrian (BEF.)
Something witnessed at a nationwide present or away from competitors involving a non-FEI registered individual: report back to that nationwide governing physique and replica to BEF.
Categorical considerations to officers on the day, however don’t assume they may observe up; go forward with written complaints as above. Even if you wish to take into consideration reporting an incident for just a few days, write down your detailed account whereas it’s contemporary; extra weight is given to contemporaneous notes.
Embrace:
• Your full contact particulars, and people of different potential witnesses.
• Detailed written account of what occurred in actual order, giving dates, time and areas. If you recognize your sport guidelines, cite these allegedly breached, and clarify why this constitutes abuse.
• Some instances stall on account of problem confirming id. Don’t go away it to the governing physique to do that. Provide the rider’s registration quantity if you could find it (FEI database is publicly accessible) and embody (if at a present) a operating order to show they have been current.
• Video and nonetheless photos from any gadget are acceptable to FEI. They like extracts from official livestreams the place possible. Video back-up with nonetheless photos from the identical incident in excessive decision are the best. An interrupted sequence of nonetheless photographs with no corresponding video could also be interpreted as a “second in time” or met with accusations of photoshopping.
• Imagery should clearly present the accused rider truly committing the offence. Separate photos of the horse exhibiting accidents or different aftermath, are vital – however as stand-alone objects, they don’t seem to be proof. Neither are photos shot from behind, or with the rider’s face or every other figuring out options pixilated. Capturing the quantity worn by horse/rider can be helpful.
• Guarantee date and time are encrypted in digital photos.
• Resist the temptation to publish on social media.
• You might request anonymity – however remember {that a} FEI Tribunal case might in the end depend on your willingness to testify in individual.
You might also be serious about:
Andrew McConnon mentioned: “This isn’t a case of I’m sorry I acquired caught. I’m genuinely sorry for my actions.”
Credit score: Alamy Inventory Picture
Olympic dressage rider Cesar Parra was suspended for 15 years.
Credit score: Corbis/Icon Sportswire by way of Getty
Olympic dressage rider Cesar Parra was suspended for 15 years.
Credit score: Corbis/Icon Sportswire by way of Getty
Credit score: Future
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