Racing regulator aim to speed up process in disciplinary cases

Trainer John Murphy fined total of €4,000 in prohibited substance disqualification

The IHRB has spoken of its aim to speed up its disciplinary process. Photograph: Morgan Treacy/Inpho
The IHRB has spoken of its aim to speed up its disciplinary process. Photograph: Morgan Treacy/Inpho

Irish racing’s regulator has described as “unlikely” any repeat of the lengthy delays that saw details only emerge on Tuesday of a trio of winners from 2021 that have been disqualified due to positive drug tests.

The John Murphy-trained Ten Ten Twenty has been disqualified from a race at Cork over a year ago following a referrals panel hearing that fined the trainer €3,500 for an offence it described as “serious and above the level of minimum gravity.”

Ten Ten Twenty tested positive for the prohibited substance Meloxicam, a non-steroidal anti-inflammatory medication, and a report confirming that was given to the Irish Horseracing Regulatory Board 13 days after the horse won a handicap at Cork on August 7th of last year.

The Eugene O’Sullivan-trained Carnet de Stage has also been disqualified from winning a handicap chase at Downpatrick last October due to a positive test for the prohibited substance Triamcinolone Acetonide (TCA). O’Sullivan has been fined €1,000.

READ MORE

Trainer JP Berry was fined €2,500 by the referrals panel chaired by Justice Tony Hunt, which sat last Thursday, after his runner Focus Point tested positive for Flufenamic Acid, an anti-inflammatory drug not licensed for use in horses, at a point-to-point in November.

The length of time taken to process some disciplinary cases has seen the IHRB criticised in recent years although a spokesman for the regulator stressed on Tuesday that every case is separate and must be taken on its own merits.

He also pointed to a “backlog” in processing cases from 2021 that has now ended.

“The backlog has now been cleared. All 2021 cases have been processed,” he said before explaining that the problem was due to “a combination of factors” including the impact of the Covid-19 pandemic.

Asked about the possibility of similar delays in such cases in future, the spokesman said: “Every case has to be taken on its merits. Everything is on a case-by-case basis. But it would be unlikely.”

He added: “There was a delay in all our cases from last year and we’ve been endeavouring to have them heard in a swifter timeframe. Each case is different in terms of investigation and what is required to bring it to a referrals hearing.”

All three trainers were also fined in relation to breaches of the rules relating to keeping a correct medicine register at their yards.

Co Cork-based Murphy was fined a total of €4,000 by the panel on the back of Ten Ten Twenty’s positive test. The horse returned that positive test at Cork three days after winning a race in Sligo.

Horseracing board rejects criticism of ‘leniency’ of fine on McGuinness over horse’s missed drug testOpens in new window ]

In evidence, Murphy told the panel he administered the drug Recocam, a prescription only medicine, which had been prescribed for another horse, to Ten Ten Twenty for “stiffness” the day after he had won in Sligo. He did so without the direction of his vet.

He accepted he shouldn’t have administered the product in this way but felt it was the right thing by the horse at the time.

He apologised and the IHRB’s head of anti-doping, Dr Lynn Hillyer, reported that Murphy had provided a “significant degree of cooperation” with her investigations.

However, the panel concluded the offence was “serious and above the level of minimum gravity by reason of Mr Murphy’s reckless decision to deploy unused medicine that had been prescribed for an older broodmare to a younger animal engaged in competition and did so entirely without veterinary supervision or authorisation.

“This represented a significant breach of his responsibilities as a licensed trainer.”

They also found a distinct and separate breach of the obligation to keep a correct medicines register. Although Murphy had subsequently explained the matter, the panel found the initial record entered in relation to the animal was “actively misleading” and they fined him €500.

Ten Ten Twenty ran twice more for Murphy last year before leaving his yard to join the cross-channel based trainer DJ Jeffreys. He has run four times over hurdles without success there.

Within the bloodstock industry there have been concerns expressed about delays in processing disciplinary cases possibly having an impact on the sale and value of horses.

There appears to be little official provision for letting prospective buyers and sellers know if a particular animal is involved in a potential disciplinary case. It is understood that the onus is on trainers, who have been notified of such a case, to impart such information.

Delays in processing prohibited substance cases are hardly confined to this jurisdiction, though.

In October of last year, the John Gosden-trained Franconia was disqualified from a Listed win at Newbury in June of 2020 after a groom at Gosden’s yard was found to have been the cause of the filly testing positive for Ketamine.

Brian O'Connor

Brian O'Connor

Brian O'Connor is the racing correspondent of The Irish Times. He also writes the Tipping Point column