Mr. Kahlil J. Burke  -  “Gardasee (GER)” Prohibited Substance

Leopardstown, 27th January, 2008.

The Referrals Committee, Mr. Edward Flannery (in the Chair), Mr. J.R. Craigie and Mrs. T.K. Cooper, met in the Turf Club Offices, The Curragh, Co. Kildare, at 11.00 a.m. on Tuesday 22nd July, 2008, to consider a report from BHP Laboratories in Limerick that the biological fluid sample taken from “Gardasee (GER)” following its second placing in the Baileys Arkle Perpetual Challenge Cup Novice Steeplechase at Leopardstown on 27th January, 2008, was found to contain Tetramisole which is included in the Schedule of Prohibited Substances pursuant to Rule 20 (v) of the Rules of Racing and the Irish National Hunt Steeplechase Rules.  This hearing had previously been scheduled for 25th June but adjourned when, despite every effort having been made to accommodate the trainer, Mr. Burke failed to make himself available on the day.  It was noted that Mr. Burke once again did not make himself available at today’s hearing. Evidence was heard from Mr. S.W.D. McIlveen, Turf Club Veterinary Officer.

Having considered the evidence the Committee found that there had been breach of Rules and they therefore disqualified “Gardasee (GER)” from second place and ordered the record be amended to read as follows:-

First:  Thyne Again
Second: Savitha
Third:  Drunken Disorderly
Fourth: Secretofshambhala

The Committee also made a finding that Mr. Burke should pay €3,500 towards the cost of the hearings.  In addition, in view of Mr. Burke’s failure to attend or to cooperate with the Turf Club Office, they fined him €5,000.

The case was presented to the Committee by Mr. Brian Price, Wilkinson and Price Solicitors, Naas, Co. Kildare.