The decision to ban top US rider Andy Kocher for 10 years, for repeated and prolonged use of electric spurs has been upheld, showing that “there is no room for leniency when it comes to cases of horse abuse”.
In 2021, the FEI Tribunal ruled that the American showjumper be suspended until 27 October 2030, fined 10,000 francs and ordered to pay 7,500 francs in costs. Andy said at the time he would appeal to the Court of Arbitration for Sport (CAS).
CAS has now confirmed and upheld the FEI Tribunal’s decision, and the sanctions.
“Considering the dual iniquity of cruelty to animals and disloyalty to competitors, as well as the actions of the appellant in not only using electric spurs himself but also in instructing or encouraging others to do so, the panel reaches the same conclusion as the FEI Tribunal to the effect that a 10-year period of suspension was merited, and entailing disqualification from the eight events tainted by the evidence of infractions,” the CAS report stated.
The eight events from which Andy’s results are disqualified took place between June 2018 and November 2019, “where evidence supported the athlete’s use of electric spurs on horses”.
Among the “most compelling video and photographic evidence” considered, the panel “specifically noted” events including the 2018 Hickstead Derby, in which Andy rode Navalo De Poheton “with trigger button in right hand”. Navalo De Poheton suffered a broken leg on the flat after fence four in the class and had to be put down as a result.
The CAS report said the panel considered “some 77” photographs, stills and videos “showing the appellant’s use of what plainly appears to be an electric spur device of the type produced at the hearings and described by the witnesses called by the FEI”.
“The panel has reviewed those materials and is comfortably satisfied that they prove the appellant’s infractions,” the report states. “The panel specifically rejects the credibility of the appellant’s alternative explanation, that the trigger shown… is actually a homemade clicker crafted by the appellant from a flashlight handle and secured by a string slung over his shoulder and affixed to his belt. This alleged assembly would seem entirely unnecessary to secure a small plastic clicker of the type testified to by the appellant.”
The panel had heard from a rider who had been employed by Andy, who said the showjumper’s use of electric spurs was not just on horses who had behavioural issues such as refusing, but “he used them often on well-behaved horses to get more out of them”. The former employee said they saw Andy putting the electric device on at shows, “he would frequently say he needed to get ‘changed’ before riding… he would come out wearing the same clothing”.
“I realised he went to get changed so he could put the electric spur device on,” the witness said, adding that Andy “made it clear he made the electric spurs himself”.
The witness said they were made to use the spurs on horses, as “I felt like I had no choice as Mr Kocher’s employee”, and that “I am confident” other riders working for Andy were also given the devices.
Another rider who worked for Andy saw him using the spurs and was instructed to use them. This witness once accidentally got a shock from the spurs, which “felt like a knife all the way through my body”, and so “usually put the device on and pretended to use it”.
Another witness, a trainer, saw Andy at a show with the device, and said Andy explained how it worked, and how he used it.
“In sum, the witnesses called by the FEI testified that they saw the appellant prepare electric spurs for use, discussed with them their purpose and use, as well as the way he suited up in such a fashion as to conceal the wires within his riding coat, breeches and boots (which were perforated so that the wires could be connected with the spurs),” the report stated. “This is direct first-hand evidence as to which the appellant’s counter is simply to accuse them of prevarication, the fruit of personal bias against him.”
The panel referred to a “rather lame attempt at rebuttal” by Andy of the last witness’s testimony.
“The appellant contends that witnesses have mistaken an innocent clicker for an electric spur, or are simply offering false and biased testimony,” the report states, adding that Andy’s “allegations of bias and animosity are of a wide range and tend to be very personal; he accuses adverse witnesses of harbouring resentment towards him because of financial disputes or anger at having been dismissed from employment with him.”
“We are extremely satisfied with this outcome and that the sanctions the FEI Tribunal imposed, to reflect the severity of the offences committed by Mr Kocher, have been upheld by CAS”, said FEI legal director Mikael Rentsch.
“It may have taken two years to complete this process, but it confirms that we had the right decision to start with, and that there is no room for leniency when it comes to cases of horse abuse.
“We have rules and regulations in place to protect the integrity of our competitions and the wellbeing of our horses, and when these rules are breached and their welfare is jeopardised, we will continue to seek to impose maximum sentences.”
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