The Referrals Committee, Mr. Peter Allen (Chairman), Mr. Finbar Cahill and Mr. Noel McCaffrey convened at the Offices of the Irish Horseracing Regulatory Board on Tuesday, 3rd October 2023 to consider whether or not Neil McCluskey (Trainer) was in breach of any rules of racing as a result of a report received from LGC Laboratories, Newmarket, England.

The report received on 24^th April 2023 confirmed that the urine sample taken from I Don’t Get It following his win in the Tote Always SP Or Better At Downpatrick Handicap Hurdle on 2^nd April 2023, was confirmed by LGC Laboratories to contain phenylbutazone (PBZ) and oxyphenbutazone (OPZ). Under Rule 20(v) and Regulation R14 of the Rules of Racing and Irish National Hunt Steeplechase Rules phenylbutazone and oxyphenbutazone are substances prohibited on raceday. 

The option of ‘B’ Sample analysis was declined by Mr. McCluskey.

Evidence was heard from Mr. McCluskey, Dr. Lynn Hillyer, Chief Veterinary Officer and Head of Anti-Doping and Dr. Graham Adams, Deputy Head of Veterinary Operations.

In her evidence, Dr. Hillyer outlined the nature of the prohibited substance. She explained that phenylbutazone is a non-steroidal anti-inflammatory medicine licensed as a Prescription Only Medicine in Britain and Ireland for use in the treatment of musculoskeletal disease in horses. Oxyphenbutazone is a metabolite of PBZ. Its presence is evidence that PBZ has been metabolised in the horse and it is also itself an active drug. Dr. Hillyer further stated that PBZ is controlled via an International Screening Limit (ISL) of 100 ng/mL in both urine and plasma and explained the importance of this scientifically derived ‘cut off’ for the laboratory in that any substance reported by the laboratory to be present above the ISL is known to be having an effect on the horse. Dr Hillyer gave further background in relation to the IHRB’s extensive understanding of the clinical status of the horse. The IHRB had engaged with Mr. McCluskey on this via the IHRB Suitability To Race programme.  The horse was examined by Mr. McCluskey’s own veterinary surgeon in July 2023 and found not to be suitable to race pending further assessment.

Dr. Adams outlined the investigation of the adverse analytical finding. He stated that an inspection of Mr. McCluskey’s stable yard was conducted on the 18^th April 2023 during which it was observed that a lockable medicines cabinet was present in the office. However it was also noted that there was some loose medication in the office, including five sachets of Equipalazone which was assessed as the likely source of the adverse analytical finding. It was also noted that, while there was a Veterinary Medicines Register present, it was not up to date. Dr. Adams further stated that during the inspection, I Don’t Get It was observed to be on a vibration floor with infra-red lamps and was very relaxed.

In his evidence, Mr. McCluskey accepted the adverse analytical finding and accepted that he had administered the drug to his charge on the morning of the race. He asserted that the administration occurred by mistake as I Don’t Get It was stabled beside a half bred horse who had been prescribed “bute”, and there was a mix up in feed buckets on the morning of the race at Downpatrick.

Having considered the evidence, the Referrals Committee found Mr. McCluskey in breach of the following rules:

1. Rule 96(a) in respect of the adverse analytical finding;
2. Rule 148(i) for the failure to provide a satisfactory explanation for the adverse finding, the treatment and welfare of the horse and for the matters occurring under his care as a licensed trainer;
3. Rule 148(iii)(b) regarding the failure to maintain the Veterinary Medicines Register up to date;
4. Rule 87 (vii)(d) for administering a substance (by injection, orally or any other method) other than feed or water offered by mouth and not approved by a IHRB Veterinary Officer on raceday;
5. Rule 272(i) for behaving in a manner which is prejudicial to the integrity, proper conduct or good reputation of horseracing; and
6. Rule 273(i) for the administration or the facilitation of administration of a Prohibited Substance to a horse under your care and control as a licensed trainer.

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

“The panel has had an opportunity to consider the matter and we look very poorly on the administration of, or a horse having, a banned substance that exceeds the limit. Mr. McCluskey made reference to the fact that when the horse won he didn’t think that the “bute” had any benefit to the horse, that in fact is irrelevant. The fact is that the horse had the drug in its system and that is the offence.

In relation to our findings under Rule 96(a) the horse should be disqualified from the race on the 2^nd  of April and the stake is to be forfeited, the prizemoney refunded and the result of the race amended accordingly. We are also imposing a fine of €2,000 on Mr. and we are also ordering that your licence to train be withdrawn for a period of six months from the 1^st of December 2023.

In relation to the breach of Rule 148(i) Mr. McCluskey is fined the sum of €1,000.

In relation to the breach of Rule 148(iii)(b), the failure to keep the medicines register up to date, Mr. McCluskey is fined the sum of €250.

In relation to the breach of Rule 87(vii)(d), the administration of the drug to the horse on the day of the race, we order that the horse is disqualified from the race in question and the stake is to be forfeited, the prizemoney refunded and the result of the race amended accordingly.

In relation to the breaches of Rules 272(i) we are going to withdraw Mr. McCluskey’s licence for a period of 6 months from the 1^st of December 2023 to run concurrently with the withdrawal which we have imposed under Rule 96(a).

In relation to the breach of Rule 273(i) we are going to withdraw Mr. McCluskey’s licence for a period of 6 months from the 1^st of December 2023 to run concurrently with the withdrawal which we have imposed under Rule 96(a) and 272(i).

The case was presented by Ms. Cliodhna Guy, IHRB Head of Legal, Licensing and Compliance.