The Referrals Committee, Mr Robert Dore, Mr Anthony Byrne and Mr Ray McSharry convened at the offices of the Irish Horseracing Regulatory Board on Tuesday, 9 July to consider an application from the IHRB to temporarily suspend the Qualified Rider’s permit of Mr Shane Baragry (Rider) pending a full hearing before a Referrals Committee On 23 July 2024. 

The application arose following a report from the IHRB that Mr Baragry had failed to engage with the IHRB Chief Medical Officer, being a condition of the suspended portion of a penalty imposed on him at an earlier time.  Having considered the evidence, the Referrals Committee allowed the application to temporarily suspend Mr Baragry’s Qualified Riders Permit pending a full hearing of the Referrals Committee on 23 July 2024.   

On 23 July 2024, the Referrals Committee, Mr Justice Tony Hunt (Chairman), Dr Paddy Molony and Mr Laurence McFerran convened via Zoom to consider the breaches of the condition of the penalty imposed and further breach following a report from Laboratori Antidopatge de Catalunya, Barcelona, Spain, that a urine sample taken from Mr Baragry during in-competition testing at Lismore (H) Point to Point fixture on 28 January 2024 was found to contain Benzoylecgonine (metabolite of cocaine). 

Under the Rules of Racing and Irish National Hunt Steeplechase Rules, Benzoylecgonine is a banned substance because it acts as a stimulant on the central nervous system with addictive and hallucinogenic properties. It is prohibited in-competition pursuant to the World Anti-Doping Agency Prohibited List International Standard as adopted by the IHRB. 

The option of ‘B’ sample analysis was requested by Mr Baragry. The ‘B’ sample was confirmed to contain Benzoylecgonine on 4 April 2024. 

The case presented by the IHRB outlined that Mr Baragry previously tested positive for Benzoylecgonine during in-competition testing at the Golden Vale (F) Turtulla Point to Point fixture on 20 November 2022. The matter was referred to a Referrals Committee, who considered the matter on 9 January 2023. The committee found Mr Baragry in breach of rule 277 (i) and imposed a suspension of Mr Baragry’s Qualified Rider Permit for a period of four years effective from 5 December 2022, with the option to permit Mr Bargary to reapply for a licence from December 2023, subject to a hearing to confirm full engagement with Dr Pugh and the IHRB. Following a further hearing to review his suspension on 30 November 2023, Mr Baragry was permitted to reapply for a new licence under certain conditions and agreed to be subject to monthly point of care testing from 5 December 2023.

Evidence was heard from Dr Jennifer Pugh IHRB Chief Medical Officer, who detailed her previous engagement with Mr Baragry but outlined that she was no longer in a position to update the committee on his current status as he had not been engaging with her for a sustained period of time. 

The decision issued by Justice Tony Hunt on behalf of the Referrals Committee is set out below:  

“The panel is satisfied that the Board has given Mr Baragry proper notice of today’s application. In this regard, we have the evidence of Dr Pugh and the submissions of Ms Traynor.  We also have various emails and correspondence sent to Mr Bargary notifying him of today’s hearing, and the previous hearing regarding a temporary suspension. We are fully satisfied that he is on notice of today’s proceedings, and it is therefore appropriate to proceed in his absence. 

Mr Baragry was previously before this panel and has been found in breach in relation to a doping breach. Subsequent to that, he made an application to suspend the balance of that sanction in order to receive a further licence or permit to ride at Point to Points.  The panel was satisfied on the basis of the evidence adduced by Mr Baragry at the end of last November that he should receive that facility.  We therefore suspended a substantial portion of the sanction previously imposed on condition that he did not commit any further doping breaches and that he engage, at the direction of Dr Pugh, in a proper manner in relation to his continued rehabilitation.  We were very hopeful that Mr Baragry would take the opportunity extended to him.   

We are now equally disappointed to note that the evidence shows that he was in breach of both the bases upon which the previous sanction was suspended. Firstly, he did not engage properly with the requirements of Dr Pugh. Secondly, and probably as a result of that failure, he committed a further doping breach as early as 28 January 2024.  This breach is established by the analysis in laboratory documentation supplied to and considered by us. This breach was committed early in the term of the suspended sanction.  

This breach has been aggravated by his approach to the matter thereafter. A rehabilitation facility was arranged for him, and he left it after a short time and without notice.  That facility was also apparently taken advantage of by him in other ways.  This is a very serious situation, which Mr Baragry has not attempted to mitigate in any way.   

Therefore, we have no option in these circumstances but to activate the balance of the sanction previously suspended, operative from the date of the temporary suspension, being 9 July 2024.  

The second breach of 28 January 2024 must be met with a significant penalty, as a second doping breach committed while on suspension in relation to the earlier breach.  It was made plain to Mr Baragry at the time of the suspension of the first sanction that a further breach committed during the period of suspension would likely result in the activation of the suspended penalty, together with the imposition of a significant consecutive penalty for any subsequent breach. 

In these circumstances, there must be a consecutive lengthy sanction for the second breach.  On the expiry of the first period of three years activated as and from the 9 July 2024, there will then take effect a consecutive penalty of seven years, to run from that expiry date.  

Although Mr Baragry would be technically free to apply for a licence after the expiry of the combined 10-year period, that would be a matter for the Licencing Committee to consider in whatever circumstances might be applicable at that time.” 

The case was presented by Ms Christine Traynor, IHRB Head of Racing Regulation and Integrity. Mr Baragry did not attend the hearing.