Chris Timmons (Rider) - Application to review suspension
Banned Substance - Ballinrobe, 28th May 2018
The Referrals Committee, Justice Tony Hunt (in the Chair), Philip McLernon and Sean Barry convened in the offices of the Irish Horseracing Regulatory Board on Friday, 7th June 2019 to consider an application by Mr. Timmons to review the suspension imposed on him at a hearing on 25th October 2018.
On that day the Referrals Committee had found Mr. Timmons in breach of Rule 277(i) as a sample of urine taken from Mr. Timmons, Rider, during in-competition testing at Ballinrobe Racecourse, Co. Mayo on 28th May 2018 was found to contain Benzoylecgonine (metabolite of cocaine). As a result, they imposed a penalty of a four-year suspension of Mr. Timmons’ licence to apply with effect from 14th June 2018. However, in view of the exceptional circumstances and the mitigating factors, they agreed that they would review the matter again in 2019, should Mr. Timmons reapply to the Committee, whereupon they would consider the issue of a partial suspension of the penalty, provided he cooperated fully with any requests made by the Senior IHRB Medical Officer and engaged positively with a recommended program.
The Committee considered evidence from Mr. Timmons including references from his employer, reports from Dr Jennifer Pugh, IHRB Senior Medical Officer, Dr. Adrian McGoldrick, former IHRB Senior Medical Officer and Colin Fallon, Irish Jockeys Trust.They also noted the negative test results from random samples provided, at the request of the IHRB during the period on Mr. Timmons’ suspension. The IHRB stated that they had no objection to Mr. Timmons’ application and commended his positive approach to addressing matters since the previous hearing.
Having considered the evidence, the Referrals Committee accepted Mr. Timmons' positive engagement with the IHRB requirements and found that Mr. Timmons had complied with all conditions and engaged fully. They approved his application and ordered that the balance of his suspension would be suspended from the 14th June 2019.
They asked it be noted that the suspension imposed on 25th October 2018 remains in place for three years with effect from 14th June 2018 and if any similar offence occurred prior to 14th June 2022, that the balance of the suspension would be reactivated to run consecutively to any additional penalty that may be imposed for the new offence. They ordered that the suspension of the penalty is conditional on Mr. Timmons continuing to comply with any conditions imposed by Dr. Jennifer Pugh in relation to medical, counselling and associated matters.
The case was presented by Cliodhna Guy, Solicitor, Head of Licensing, Legal and Compliance.