Ruby Walsh: The IHRB have set a dangerous precedent

The IHRB have questions to answer over their handling of the Laugh A Minute case

Ado McGuinness  explained that a communication breakdown with his staff had led to Laugh A Minute not being present for the required test

Two wrongs never make a right, and they never will. That’s how I felt when I read the IHRB findings of a referrals hearing held by the referrals committee at the IHRB headquarters on Wednesday, August 17.

The case in question related to trainer Ado McGuinness and his horse Laugh A Minute, who the race-day stewards had requested to be post-race tested at the Curragh on Sunday, June 26.

The request came about on advice from the chief veterinary officer and head of anti-doping, Dr Lynn Hillyer, who had chosen the Rockingham Handicap, in which Laugh A Minute was a runner, as one of the races on the day to pre-test all participants.

While taking samples from Laugh A Minute, Dr Hillyer noticed a venepuncture — a needle mark, in plain English — on Laugh A Minute’s neck with traces of blood which concerned her as it appeared to be relatively recent.

Rule 87 (vii)(d) prohibits the administration of any substance on race day. She notified the senior stipendiary steward Peter Matthews, and a discussion with Ado McGuinness ensued. Ado assured both parties that his vet had administered Duphalyte — an electrolyte — to Laugh A Minute the evening before.

After race three on the day, at 2.40pm, and before race four, at 3.10pm, in which Laugh A Minute was due to run, Ado was informed by Peter Matthews and Dr Hillyer that Laugh A minute would be required for a post-race test, a request Ado acknowledged.

Still, after running in race four, the horse left the stable yard 17 minutes after the race finished but before being post-race tested. Thirteen minutes later, a member of Dr Hillyer’s team notified her that Laugh A Minute was not in the yard, and she told the stewards, who referred the matter to the IHRB referrals committee.

On Wednesday of last week, Ado explained that a communication breakdown with his staff had led to Laugh A Minute not being present for the required test. A busy half hour around the time the request was made had led him to forget to inform his staff of the requirement — human error — but he believed the IHRB would do so anyway.

The first wrong.

Regulation 14, pursuant to rule 20(v) in the IHRB rule book, puts the onus on the responsible person, in this case the trainer who was notified to ensure their horse is presented for testing. As for forgetting to inform your staff, this was not a selfie request but a serious one relating to proving your innocence. That is what drug testing is about: Thousands are tested to catch the few who are cheating. The relevance of the request or the procedure of giving it shouldn’t have allowed for human error as it did.

The IHRB referrals panel accepted Ado’s explanation but fined him a mere €750 for the non-appearance of Laugh A Minute at the sampling unit. They had the negative findings of his pre-race tests, information that was not relayed in the press release issued after the hearing but subsequently issued via different media sources. The time window and torrential downpour within that window created the opportunity for an error.

The balance of probabilities suggests that post-race samples would have been the same as the pre-race ones, but that is all it is: The balance of probability, not fact.

This is the second wrong because a mere fine of €750 is less than the cost of a suspension for a rider who transgresses the riding rules and misses four rides. It’s less than any fine imposed on connections whose horses are found guilty of not doing their best, and objecting or making a complaint deemed to be frivolous could cost you €2,000.

Horses are athletes, and the non-appearance for competition day dope testing for all other athletes is deemed as a positive test. Simple as that. 

Jockeys are notified and have to sign a doping control form to acknowledge the requirement and then give a sample when they can. The onus is for the rider to do so. Simply forgetting doesn’t wash, so why are verbal requests sufficient for the horses via the person responsible for them? How can a referrals panel give judgement on a test that never took place? What message are they sending out?

It appears to be one in which all mistakes are forgiven — a lovely world that would be — yet some errors have to be costly, and this is an own goal from the IHRB, who have set a dangerous precedent.

One has to have been living under a rock not to have noticed the publicity surrounding doping in horse racing for the last few years. The IHRB is responsible for that integrity but allowing this mistake to be cheap in relation to what sanctions other errors carry within the sport is laugh-a-minute stuff.

I hope there will be laughs every minute at the Curragh today when they hold the inaugural Pat Smullen race day in conjunction with Cancer Trials Ireland. It’s almost three years since Pat created the Champions Race on Champions Weekend and two years since he passed, but his picture in my office reminds me of him daily.

Today, his legacy continues in fundraising for a charity he never wanted to be associated with, but one that meant so much to him. If you’re on the east side of the country, look out for the Coast-to-Curragh cyclists who will pass through Meath’s four racecourses and Kildare’s three, via Moyglare and Gilltown Studs. And there’s also an online auction worth looking into.