The Referrals Committee, Mr Laurence McFerran (Chairman) Mr Anthony Byrne and Mr Noel McCaffrey convened in the Offices of the Irish Horseracing Regulatory Board on Tuesday, 14 January 2024 to consider whether Ger E O’Leary (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 13 November 2024, confirmed that the blood sample taken from Empire Succes (FR) following the Remembering Bridget Hillis Maiden Hurdle at Wexford on 27 October 2024 was confirmed by LGC Laboratories to contain diclofenac.
The option of ‘B’ sample analysis was requested by Mr O’Leary and the presence of diclofenac was confirmed by LGC Laboratories on 28 November 2024.
Evidence was heard from Dr Lynn Hillyer, IHRB Chief Veterinary Officer & Head of Anti-Doping and submissions were made on behalf of Mr O’Leary by Mr John Fitzgerald, Restricted Trainers Association.
In her evidence, Dr Hillyer outlined the investigation report, and she explained that diclofenac is a non-steroidal anti-inflammatory that has licensed remedies for humans under prescription or over the counter as a gel. It can be administered via oral/suppository, topical or intramuscular or intravenous routes. Products containing diclofenac can be used under the supervision and prescription of a veterinary surgeon. Dr Hillyer confirmed that during the course of the investigation, which included an unannounced stable inspection on 12 November 2024, Mr O’Leary confirmed at an interview on 18 December 2024 that he had administered Volterol gel to Empire Succes on the advice of his equine physiotherapist two days prior to the race in question. Mr O’Leary said he administered Volterol on the advice he was given and he accepted that he did not have an understanding of what the gel contained. Dr Hillyer also stated that Mr O’Leary had not entered the administration of Volterol in his Medicines Register or sought any advice from a veterinary surgeon prior to administration.
In his submissions, Mr Fitzgerald outlined the level of stress and anxiety this case had brought on Mr O’Leary. Mr Fitzgerald stated that Mr O’Leary has only been training for approximately six months and has only three horses in training and on that basis he was not accustomed to having regular veterinary engagement as it wasn’t required for the size of his operation. Mr Fitzgerald confirmed that in this instance Mr O’Leary had taken the advice of his equine physiotherapist and not considered the consequences but is now fully aware of such implications.
Mr McFerran delivered the following decision on behalf of the Referrals Committee:
“Firstly, having considered the evidence and all the documentation supplied, the Referrals Committee appreciate the candour with which Mr O’Leary has approached this matter, and we note the personal distress that this has caused during this period. Mr O’Leary’s commitment to being more vigilant in the future is also noteworthy. The case refers to Mr O’Leary’s horse, Empire Succes, which won the Remembering Bridget Hillis Maiden Hurdle at Wexford on 27 October 2024. The mandatory post-race sample was taken and the sample subsequently returned as an adverse analytical finding. The ‘B’ sample was requested to be sampled and it also returned an adverse analytical finding, confirming the ‘A’ sample. The prohibited substance identified was diclofenac. The Referrals Committee find a breach of Rule 96(i) and as a result of that the horse should be disqualified from the race in question, the places amended accordingly, and the stake be forfeited. The Referrals Committee impose a fine of €1,250 on Mr O’Leary for this breach. Furthermore, the Referrals Committee find Mr O’Leary in breach of Rule 148(iv) for failing to complete his Medicines Register and a fine of €250 is imposed in that regard.”
The Amended result of the Remembering Bridget Hillis Maiden Hurdle now reads:
First: Rue Taylor (FR)
Second: Paul Collins
Third: Keep Kool Coko (FR)
Fourth: Thurman
Fifth: Ravelli
Sixth: Latinised
The case was presented by Ms Christine Traynor, IHRB Head of Racing Regulation and Integrity. Mr O’Leary was represented by Mr John Fitzgerald, Restricted Trainers Association.