The Referrals Committee, Mr. Peter M. Allen (in the chair), Mr. Laurence McFerran and Mr. Anthony Byrne convened at the Offices of the Irish Horseracing Regulatory Board on Monday 19^th June 2023 to consider whether or not Ciarán Fennessy (Handler) was in breach of any rules as a result of a report received from LGC Laboratories, Newmarket, England.

The report received on 10^th January 2023 confirmed that the blood sample taken from Twoconduit after his win the Powers Gold Label & Hurleys Supervalu 5yo Geldings Maiden at the United Hunt (F) Point to Point at Boulta on 18^thDecember 2022, was confirmed by LGC Laboratories to contain lidocaine. Under Rule 20(v) and Regulation 14 of the Rules of Racing and Irish National Hunt Steeplechase Rules, lidocaine is a prohibited substance on a raceday.

The option of a ‘B’ sample analysis was declined by Mr. Fennessy, thus accepting the result of the ‘A’ sample.  

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

In her evidence, Dr. Hillyer outlined the details of the IHRB investigation. Lidocaine is a local anaesthetic used to ‘block’ pain.  It can be legitimately used by a veterinary surgeon in Ireland as an injectable solution in the horse for a number of reasons, for example wound repair and lameness investigations. She added that lidocaine is a Prohibited Substance on race day as set out under Rule 96(a) and Regulation 14 of the Irish National Hunt Steeplechase Regulations for Point to Point Steeplechases because lidocaine is a substance capable of causing an action or effect, or both an action and effect, within several mammalian body systems. Dr. Hillyer noted that lidocaine, as a medication, is controlled in terms of regulatory equine anti-doping policy by a published International Screening Limit (ISL) of 0.05 ng/ml in plasma, linked to a Detection Time of 72 hours. She confimed that lidocaine was estimated by LGC to be present in the blood Sample at over 300 pg/mL, some six times the screening limit in plasma.

In his evidence, Dr. Adams explained that an unannounced inspection of Mr. Fennessy’s premises was carried out on 6^th January 2023 and that there was no medicine register available for inspection. He stated that samples were taken from all horses present. Dr. Adams noted that a prescription only medication called Ekyflogyl was in a bucket with grooming equipment and Mr. Fennessy advised Dr. Adams that this was used on two other horses under his care.

In his evidence, Mr. Fennessy stated that he believed the adverse analytical finding arose due to his use of the Ekyflogyl, which contains lidocaine, on two other horses using a cloth which he claimed to have then inadvertently used on Twoconduit on the day of the Point to Point to clear off mud rash. Ekyflogyl had been noted on the premises during an inspection; however with no prescription. A prescription was supplied subsequently indicating that it had been prescribed in 2020 by Kenmare Veterinary Centre for a different horse which was no longer on the premises. Mr. Fennessy confirmed that he had continued to use it on other horses under his care without veterinary guidance or direction.

Having considered all evidence and submissions made the Referrals Committee found that Mr. Fennessy was in breach of Rules 87(vii)(d), 96(a) and 148(iii)(b). They ordered that the stake be forfeited and the result in question amended accordingly. The Chairman of the Referrals Committee, Mr. Allen, read out the following decision on behalf of the committee:

“In relation to the penalty imposed, we discussed the matter at length and we do not propose to withdraw Mr. Fennessy’s Handler’s Permit at this stage, although we are conscious of how serious this case is. As was pointed out by Mr. Linehan, this is the first time Mr. Fennessy appears before us in relation to an offence of this nature and we hope Mr. Fennessy appreciates the seriousness of the incident. However, Mr. Fennessy should be fined the sum of €5,000 as a penalty for what has occurred. It is the Permit Holder’s duty to ensure that everything runs properly in his yard and thus, he is responsible for everything that happens. In relation to costs, it is normal that costs would follow in such a case. We are conscious of the fact that Mr. Fennessy did admit the offence early on in this case so we will award costs of €2,500.”

Amended Result

Powers Gold Label & Hurleys SuperValu 5yo Geldings Maiden

1^st         Bloomhill

2^nd        Treaty Boy

3^rd        Durty Harry

4^th        Yewood

The case was presented by Ms. Clíodhna Guy, IHRB Head of Licensing, Legal and Compliance. Mr. Fennessy was represented by Denis A Linehan, Solicitor, Charleville, Co. Cork.