N. Kelleher - “Auldthunder” Prohibited Substance Referral

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N. Kelleher  -  “Auldthunder” Prohibited Substance

South Union (F) Kinsale Point to Point, 2nd June, 2013.

The Referrals Committee, N.B. Wachman (in the Chair), N.P. Lambert and P.F. Ronan, met in the Turf Club Office, The Curragh, Co. Kildare, on Monday 22nd July, 2013, to consider a report from BHP Laboratories in Limerick which stated that the biological fluid sample taken from “Auldthunder” following that horse’s win in the Maiden Race for six year old Geldings (Division One) at South Union (F) Kinsale Point to Point on 2nd June, 2013, was found to contain phenylbutazone and oxyphenbutazone, which under Rule 20 (v) and Regulation R14 are Prohibited Substances.

The Committee considered a written submission from Dr. Tom Barragry, Pharmacologist, explaining the effects of phenylbutazone and oxyphenbutazone on the musculoskeletal system.  They also heard evidence from Niall Kelleher, handler, who accepted the results of the laboratory which showed that phenylbutazone and oxyphenbutazone were present in the sample.  Mr. Kelleher explained that he had run two horses at Kinsale Point to Point, on Saturday 1st June and Sunday 2nd June, and the only plausible explanation that he could offer was that the horse was stabled overnight which may have resulted in him acquiring traces of the substance.  He explained to the Committee neither he nor his Veterinary Surgeon had knowingly administered any medication to the horse prior to running at the meeting.

Having considered the evidence, the Committee fined Niall Kelleher €500.  They were satisfied with the veracity of the explanation offered by Mr. Kelleher but stressed that responsibility rested with him to ensure that he complies with the provisions of Regulation R14.  The Committee disqualified Auldthunder from first place and ordered that the records be amended to read as follows.

First:  Lowandbehold, Second: Bashful Beauty, Third:  Nells Apache.

The case was presented to the Committee by Conal Boyce, Solicitor, Naas, Co. Kildare.