Charles Byrnes – “Domination (GB)”  Prohibited Substance
Clonmel – 17th February 2011

The Referrals Committee, Neville O’Byrne (in the Chair), John Powell and Hugh Ferguson met at the Turf Club, The Curragh, Co. Kildare on Monday, 21st March 2011, to consider a report from BHP Laboratories in Limerick stating that the biological fluid sample taken from “Domination (GB)”, trained by Charles Byrnes, following its win in the Clonmel Maiden Hurdle at Clonmel on 17th February 2011, was found to contain Caffeine which, under Rule 20(v) and Regulation R14, is a prohibited substance.  The trainer accepted the results of the “A” sample and the “B” sample was not tested. 

Evidence was heard from Dr. Thomas Barragry and from Charles Byrnes.  In his evidence Dr. Thomas Barragry stated that caffeine is a stimulant which affects the central nervous system and the respiratory system.  It is prohibited at all levels.  He said it is not a specific veterinary drug and could be included in mixtures or tonics given to horses.  He also said it could arise from feed, although in these circumstances you would generally expect a metabolite to be present.

In his evidence, Charles Byrnes said he had no idea how the horse tested positive for caffeine.  He said that he had feed samples analysed by his feed supplier all of which came back negative.  He said that none of the tonics given to his horses contained caffeine.

Andrew Coonan, on behalf of Charles Byrnes, said that his client accepted the findings of the laboratory.

Having considered the evidence, the Committee fined Charles Byrnes €1,000 and ordered that he make a contribution of 50% towards the Turf Club costs.

The Committee also disqualified “Domination (GB)” from first place and ordered the records be amended to read as follows:

First:  Couleur De La Loi
Second: Rough Times
Third:  Abialbright
Fourth:  Sounds of Thunder (GB)

The case was presented to the Committee by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.  Charles Byrnes was represented by Andrew Coonan, Coonan Cawley Solicitors, Naas, Co. Kildare.