The Referrals Committee, Mr. Justice Tony Hunt (in the chair), Mr. Laurence McFerran and Mr. Philip McLernon convened at the office of the Irish Horseracing Regulatory Board (IHRB), The Curragh, Co Kildare on 19th August 2019 to consider whether or not Declan Queally (Trainer) was in breach of any rules as a result of a report received from LGC Laboratories, Fordham, UK.

The report stated that the urine Sample taken from Cloudy Morning following his win in the Boolavogue Novice Handicap Steeplechase at Wexford on 5th April 2019 was found to contain salbutamol above the published European Screening Limit (ESL). Under Rule 20 (v) and Regulation R14 of the Rules of Racing and Irish National Hunt Steeplechase Rules salbutamol is a prohibited substance.

The trainer requested that the B sample be tested and the finding of salbutamol in the B Sample was confirmed by Laboratoire des Courses Hippiques in France.

Evidence was heard from Dr Lynn Hillyer (IHRB Chief Veterinary Officer and Head of Anti-Doping) and Denis Linehan, representing Mr. Queally.

In her evidence, Dr Hillyer outlined the findings of the IHRB investigation. She stated that salbutamol is a human medication which may be used in horses to dilate their airways, usually in the treatment of respiratory disease. Cloudy Morning was not reported or recorded as having respiratory disease. The concentration of salbutamol in the sample taken post-race was estimated to be some twenty times the European Screening Limit and therefore present in a concentration that would have clinically affected him.

Speaking on behalf of Mr. Queally, Mr. Linehan confirmed that the Trainer accepted the findings but emphasised that Mr. Queally had never administered salbutamol to Cloudy Morning and could offer no reason for the finding.

Having considered the evidence, the Committee were satisfied that Mr. Queally was in breach of Rule 96(a) and Rule 87(vi)(d). They disqualified Cloudy Morning and ordered that the stake be forfeited and amended the result of the race to read as follows:-

First: Stowaway Forever
Second: Crazyheart
Third: Mill Quest
Fourth: Peacocks Secret
Fifth: Runyon Rattler

In considering penalty the Committee noted that the Trainer had provided full cooperation to the investigation and the Committee imposed a fine of €1,000 and ordered that Mr. Queally pay costs of €500.
The case was presented by Cliodhna Guy, Head of Legal, Licensing & Compliance. Mr. Queally was represented by Mr. Denis Linehan of Denis A. Linehan & Co. Solicitors, Charleville, Co. Cork