The Referrals Committee, John Powell (in the Chair), P.J.A O’Connor and Peter M. Allen met in the Stewards Room, Galway Racecourse, Ballybrit, Co. Galway, on Wednesday, 1st August to consider a report from BHP Laboratories in Limerick which stated that the biological fluid sample taken from “Iron Duke (GB)”, trained by Ivor Kingston, following its win in the Cork Racecourse on Twitter Handicap Hurdle at Cork on 25th May 2012, was found to contain Theobromine, Caffeine and Theophylline which, under Rule 20(v) and Regulation R14, are prohibited substances. The trainer accepted the results of the “A” sample and the “B” sample was not tested.
Evidence was heard from Ivor Kingston. In his evidence he said that Iron Duke (GB) only arrived in his yard on 17th May 2012 which was eight days before the race at Cork. He said that the horse was in pre-training with his owner Philip O’Connor prior to that. He said he had no idea how the horse tested positive for the substances as he had not administered anything to the horse which contained the substances found. Mr. Kingston confirmed that the horse was returned out of training on 5th June 2012 and that he returned to his owner. He also confirmed that the animal was returned back in training on 2nd July 2012 and out of training on 16th July.
The Committee also noted written evidence from Dr. Tom Barragry, pharmacologist, which stated that the substances found stimulate the nervous system, dilate coronary blood vessels and promote diuresis. The said substances are prohibited under the Rules of Racing by virtue of acting on the central nervous system, cardiovascular system and urinary system.
Having considered the evidence, the Committee fined Ivor Kingston €1,000. They strongly recommended that he exercise more control over horses under his care.
The Committee also disqualified “Iron Duke (GB)” from first place and ordered the records be amended to read as follows:
First: Mac Tigue
Second: Grey Bunting (GB)
Third: Rodriguez
Fourth: Split Ear
The case was presented to the Committee by Conal Boyce, Wilkinson & Price Solicitors, Naas, Co. Kildare.