The Referrals Committee, Mr. Peter M. Allen (Chair), Mr. Anthony Byrne and Mr. Laurence McFerran convened at the Offices of the Irish Horseracing Regulatory Board on Monday, 19^th June 2023 to consider whether or not Denis Hogan (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 11^th November 2022 confirmed that the urine sample taken from Ballyadam Destiny (GB) following his win in the WB Gavin and Co. Handicap Hurdle on 29^th October 2022, was confirmed by LGC Laboratories to contain Triamcinolone Acetonide (TCA) and Dexamethasone. Under Rule 20 (v) and Regulation R14 of the Rules of Racing and Irish National Hunt Steeplechase Rules TCA and Dexamethasone are prohibited substances on a raceday. 

The option of ‘B’ Sample analysis was declined by Mr. Hogan, and he accepted the result of the ‘A’ Sample.

Evidence was heard from Mr. Hogan and Dr. Lynn Hillyer, Head of Anti-Doping and Chief Veterinary Officer.

In her evidence, Dr Hillyer outlined the details of the IHRB investigation. She explained that both TCA and Dexamethasone are corticosteroid anti-inflammatory medications commonly used in equine practice. She stated that there is no published Detection Time for TCA but there is a minimum Stand Down time of 14 days which must be given after an intra-articular administration of the drug under Rule 87(vii)(c).

Dr Hillyer stated that during the course of the investigation, Mr. Hogan’s Veterinary Medicines Register was inspected which confirmed that Ballyadam Destiny had received veterinary treatment on the 27^th September 2022 which included intramuscular administration of Triam Lichtenstein and Dexafort, with a withdrawal time of 40 days for Triam Lichtenstein being advised by Mr. Hogan’s veterinary surgeon, Donncha Houlihan. The IHRB was satisfied that that this treatment had resulted in the adverse analytical findings.

The IHRB asserted that the withdrawal advice given by the veterinary surgeon who had diagnosed and treated the horse had been ignored, as the horse had been run 31 days after the administration.  On that basis, the IHRB stated that Mr. Hogan had not taken all reasonable steps to prevent the adverse analytical finding.

In his evidence, Mr. Hogan accepted the analytical findings and stated that he had mistaken the withdrawal times advised when entering Ballyadam Destiny for his run in Galway due to an administration error for which he accepted full responsibility. Mr. Hogan further stated that he has since employed additional staff in his yard to avoid such an error reoccurring in the future and had put new measures in place to ensure such an issue would not reoccur.

Having considered the evidence, the Referrals Committee found Mr. Hogan in breach of Rule 96(a), ordered that the stake be forfeited and the result amended accordingly. The Chairman of the Referrals Committee, Mr. Allen, read out the following decision on behalf of the committee:

“Mr. Hogan has met this case very fairly and has accepted the findings of the IHRB’s inspection. The duty does lie with the Trainer to ensure that all procedures are carried out in accordance with the Rules and Regulations. We do appreciate that the veterinary surgeon did advise forty days withdrawal and indeed on hindsight that may not have been enough time, but that is not relevant to the findings today as the horse was run within that forty-day period. On that basis, it is our finding that the horse should be disqualified from its position in the race and any prizemoney should be refunded.

“In relation to other penalties, Mr. Hogan’s record has been outlined to us and he has explained the facts surrounding some of those findings; however, the finding of prohibited substances in horses is something which the IHRB takes very, very seriously and indeed the members of the public themselves do. On that basis it is our view that Mr. Hogan’s licence should be withdrawn for a period of three months, that the suspension should commence from the 1^st of August next and that Mr. Hogan should be fined a sum of €5,000.”

W.B. Gavin & Co. Handicap Hurdle – Amended result

1^st         Moving Water

2^nd        Coventry

3^rd        Merlin Giant (FR)

4^th        Espanito Bello (FR)

5^th        Mercury Lane

6^th        Bold Getaway

The case was presented by Ms. Cliodhna Guy, IHRB Head of Legal, Licensing and Compliance.