Dutch Dressage News Legal Battle for Power and Paint Reveals Staggering Information December 23, 2009 In a fierce legal battle between Mrs Pasch and the Dutch Fokker family about the ownership of the medal winning international FEI pony Power and Paint, staggering information has come to light at a witness hearing in court on 21st September 2009. The legal battle of Fokker vs. Pasch concerns the annulment of the purchase of Power and Paint based on old injuries which were hidden from his Dutch buyer. In October 2007 the Dutch Fokker family purchased Power and Paint for 160,000 euro from German owner Mrs. Pasch following a pre-purchase exam at the equine clinic in Kerken. Pasch had set up a sales contract in which she stated that the pony had passed the vet check. When trained and competed in preparation of competitions, Power and Paint turned out to be chronically lame on the right front leg. Witnesses Coby van Baalen as well as Henk Krooswijk acknowledged in court on 23rd November 2009 that Fokker believed the pony had passed the pre-purchase exam. Later on, information surfaced that the Kerken veterinarian had written down several clinical and X-ray problems in his report, though this information was not mentioned in the sales contract nor passed on to Fokker. Several veterinarians have testified that Power and Paint was treated on numerous occasions on that right fore leg especially for a tendon injury as well as a fracture in the sesamoid bone. X-rays taken in June 2008 show scar tissue which point at the fact that the injury was old. Furthermore, a veterinarian admitted in court that Power and Paint had a swollen cannon bone at the right front leg at the 2007 European Pony Championships in Freudenberg, Germany, and that he treated the pony at the show. This treatment was done regularly during the competition with an ointment containing the banned substance acetylsalicylic acid (aspirine). Because the acetylsalicylic acid in this ointment is no longer detectable 6 hours after application, Power and Paint did not test postive to doping at the 2007 European Championships. According to the regulations the president of the ground jury (Francis Verbeek, NED) had to accord this treatment by signing the list of medication used at the show. This list was signed after the competition. Fokker filed a new complaint with the Dutch Equestrian Federation to re-open the rollkur incident case. At the 2007 European Championships Power and Paint was lunged too short with an illegal rein, which compromised the welfare of the pony. The case was dismissed by the Dutch KNHS Tribunal based on the fact that the pony was in good health and condition. The lawsuit has now brought to the fore information that Power and Paint was not at all in good health at the 2007 European Championships because he was treated at the show for several days by the team vet on the right fore leg. "Based on what witnesses have testified in court one can very easily conclude that Power and Paint had a hidden tendon injury before being purchased by Fokker in October 2007," Fokker's attorney Stephan Wensing stated. "Power and Paint could not be used as an international dressage pony because of this. If Fokker would have known this before the sale, they would never have bought the pony." This lawsuit has not yet come to conclusion. Fokker has requested to see the full vet report and X-rays taken in Kerken at the pre-purchase exam in exchange for the medical data from the June 2008 examination by their vet. Unfortunately, Pasch refuses to hand these over despite a court order. Mrs Gea Stibbe, lawyer of the Pasch family, was asked for a response, but suggested that Eurodressage should not publish this article. The now 16-year old Power and Paint is held under legal custody at an undisclosed dressage stable in the Limburg province in The Netherlands. The Fokker family recently visited the pony and were able to conclude that he was well taken care of and he seemed in great condition despite his injured leg. Photo copyrighted: Astrid Appels/Eurodressage Terug |
