FOLLOWING legal challenges from two senior dressage riders, The Irish Field understands Horse Sport Ireland (HSI) will file ‘Certificates of Capability’ for the Olympic Games with the FEI for Dane Rawlins and James Connor.

The athletes are challenging HSI’s decision not to send a team to this summer’s Tokyo Olympic Games despite securing a first ever qualification at the 2019 European Championships. Three of the leading combinations - Judy Reynolds, Anna Merveldt and Kate Dwyer - were ruled out of contention and HSI dressage High Performance director Johann Hinnemann advised the board he was not in a position to nominate a team as two combinations had not met the HSI 'Olympic Nominations Policy for Dressage' (scores over 68%). Heike Holstein was nominated as an individual for the Games.

However, Rawlins and Connor, who had achieved the FEI minimum eligibility requirements (MER) of 66%, appealed HSI's decision.

The FEI website states that the Certificate of Capability must be submitted to the FEI no later than midnight on June 21st 2021, which was over a week ago.

Solicitor for the athletes, Aisling Jordan of Jordan Law in Dublin, confirmed to The Irish Field that Horse Sport Ireland advised they would file the Certificates of Capability during yesterday’s hearing and the case awaits determination at 7pm this evening (Tuesday).

A statement from Horse Sport Ireland today read: "Horse Sport Ireland Olympic Appeal Panel sat yesterday, June 28th 2021. The appointed Independent Arbitrator was Mr Dermot Kelly SC. The hearing conducted via video link with legal representatives appearing for the Appellants, Mr Dane Rawlins and Mr James Connor and legal representatives appearing for Horse Sport Ireland.

"The hearing was lengthy and both the Appellants and the Respondents, Horse Sport Ireland provided legal submissions to Mr Dermot Kelly SC. The Arbitrator, Mr Dermot Kelly SC is due to issue his decision regarding the Appeal this evening the June 29th. Further updates to follow."

Updated HSI statement

A further update issued tonight (Tuesday) said: "Horse Sport Ireland welcomes the decision of Independent Arbitrator, Dermot Kelly SC to uphold the decision of Horse Sport Ireland with regard to the Dressage team event at the Tokyo Olympics. The Independent Arbitrator dismissed the appeal of both Mr Rawlings and Mr. Connor.

"The hearing offered all parties the opportunity to outline their positions, ensuring that an independent assessment of the nomination decision could be made.

"In his decision, Dermot Kelly SC, referring to the decision of the Dressage High Performance Director (DPHD) stated. “The DHPD gave very full and careful consideration to all the factors set out in the Nomination Policy.”

"Horse Sport Ireland will continue to support Irish competitors in the equestrian disciplines as they prepare to compete under unique circumstances at these Olympic Games. The Olympic Games open on Friday 23rd July 2021."

Rawlins/Connor press release

A press release sent on behalf of Rawlins and Connor, said: “HSI, through their legal counsel, confirmed that they will immediately file Certificates of Capability with the FEI for Dane Rawlins and James Connor.

“This U-turn is a very much welcome turn of events. It comes following a long day of legal challenges by the pair which went on until late yesterday (Monday) evening. Dane and James had instructed their solicitor Aisling Jordan and Counsel Bebhinn Murphy to take the matter to the High Court for urgent review but the actions of HSI in undertaking that they will file the certificate have removed the necessity for an injunction.

“As a result, Dane and James, through Jordan Law solicitors, have immediately requested that the Olympic Federation of Ireland exercise their selection function and nominate an Irish dressage team.

“Albeit it is out of time, there may still be hope if there are any slots left particularly in circumstances where they say that the withdrawal of the team by HSI to the FEI should not have been accepted as only the OFI that can withdraw a team. They are humbled by the support of the nation that has been shown over the last week and really hope that the OFI decide to send a dressage team to the Olympics to ensure all of the work done to get a place does not go to waste.”