The Referrals Committee, Mr Peter M Allen (Chairman) Mr John McGuire and Dr Paddy Molony convened in the Offices of the Irish Horseracing Regulatory Board on Thursday, 3 October 2024 to consider whether Edward Power (Handler) was in breach of any rules of racing as a result of a report received from LGC Laboratories, Newmarket, England.

The report received on 21 February 2024, confirmed that the blood sample taken from The Top G following his win in the West Waterford (F) Tallow Point-to-Point in the Goffs UK Aintree Sale 5-year-old Geldings Maiden on 11 February 2024 was confirmed by LGC Laboratories to contain triamcinolone acetonide (TCA).

The option of ‘B’ sample analysis was declined by Mr Power.

At the hearing, evidence was heard from Mr Power and Dr Lynn Hillyer IHRB Chief Veterinary Officer & Head of Anti-Doping.

In her evidence, Dr Hillyer explained that TCA is a corticosteroid anti-inflammatory medication, commonly used by veterinary surgeons under specific conditions.  Dr Hillyer stated that TCA is usually administered via intra-articular injection and she explained that the way that drug is handled by the horse depends on the joint that is injected. Dr Hillyer said that on this occasion, the drug was administered into the stifle, which is a complex joint that is well known to have challenges in terms of how the drug is handled, which can make the time it takes to clear highly variable. Dr Hillyer outlined the extensive information, roadshows and reports that IHRB have disseminated advising about TCA. Dr Hillyer further outlined how important an adequate withdrawl time is for this drug to allow the horse to fully rest and recuperate. As a corticosteroid administered intra-articularly,TCA has a minimum  stand-down of 14 days but additional time on top of this is usually needed depending on dose, site administered, existing pathology and whether the TCA stays in the joint. Dr Hillyer alo outlined the elective testing procedure that is available through the IHRB and that this is a procedure that ought to be availed of by Trainers before declaring a horse for a race if there is any doubt about how long a withdrawl time is needed.  Dr Hillyer also explained to the Committee that there was information missing from the Medicines Register record for The Top G and another horse The Piper.

In his evidence, Mr Power explained that the horse pulled out lame and had a hematoma on his hip, therefore he rested the horse and got an x-ray from his vet and although the x-ray was clear, the vet mentioned some filling in the stifle of the horse and TCA was then administered. Mr Power said he was advised to give the horse 14 days before running him and he had considered running him after 17 days, but the ground was not suitable and therefore it was 24 days before he raced at Tallow Point-to-Point. Mr Power explained that he knew nothing about elective testing at the time but has subsequently learned a lot from this case. In relation to his Medicines Register, Mr Power stated that he was of the opinion that he was completing the Medical Register correctly and didn’t realise there was some information missing.

Mr Allen delivered the following decision on behalf of the Referrals Committee:

“First of all, we would like to thank Mr Power and Mr Kennedy for acknowledging from the outset the fact that the there was a breach of the rules, we do find a breach of Rule 96(i) in that the prohibited substance was contained in the substance. Mr Kennedy has made submissions to us in relation to this and indicated that we are entitled to waive the fine if we are satisfied that the substance was administered unknowingly, and that the trainer had taken all reasonable precautions to avoid a breach of this rule.

Ms Traynor’s submissions are accepted, and we find that the ‘administered unknowingly’ is an important factor in the Rule and that Mr Power was aware of the drug having been administered, so therefore the waiver fails there. Furthermore, this is a drug of a zero-tolerance level, and it is our view that if all reasonable precautions were to be taken, elective testing should have been considered. We are aware that Mr Power said that he wasn't aware of that testing, but it certainly would have been aware to his vet. We feel that if a person is to be considered to have taken all reasonable precautions, they should have at least gone for elective testing. We find that there isn’t a reason for us to mitigate it down or to wave the fine. On that basis, in relation to Rule 96(i), we do fine Mr Power the sum of €1,000. Furthermore, The Top G is now disqualified from the race, the stake is forfeited, and the placings are to be altered accordingly.

In relation to the Medicines Register,  we have discussed this at length and found that there was information included in the Medicines Register in relation to the horse The Top G and we find it very difficult and have not found Mr Power in breach of Rule 148 in relation to that horse however, there is a breach in relation to the record for the horse The Piper in that there were some information which was missing from it. The rule does state that the Medicines Register should be filled out on the day and that clearly was not done and because of this, we find Mr Power in breach of Rule 148 and fine him the sum of €250.”

The Amended result of the Tallow Point-to-Point in the Goffs UK Aintree Sale 5-year-old Geldings Maiden now reads:

First:              Allstitchedup

Second:       Chasingouttheblues

Third:            Cobblers Rock

The case was presented by Ms Christine Traynor, IHRB Head of Racing Regulation and Integrity. Mr Power was represented by Mr Patrick Kennedy of Patrick J. O’Meara Solicitors, Thurles, County Tipperary.