IRISH racing’s reputation suffered a heavy blow this week when trainer Luke Comer has had his licence withdrawn for a period of three years following a long-running investigation by the Irish Horseracing Regulatory Board and an expensive hearing of the case by the Referrals Committee.
The suspension will start on January 1st, 2024, although Comer has until next Wednesday to lodge an appeal.
The case traces back to October 2021 when the Comer-trained He Knows No Fear tested positive for anabolic steroids following a fourth-placed effort in the 14-runner Listed Trigo Stakes at Leopardstown.
A month later the IHRB visited Comer’s yard and took hair samples from a number of horses, which resulted in 11 more positive results for the same prohibited substances.
Comer vigorously contested the findings and the Referrals Committee hearing ran for nine days in May, during which evidence was given - on Comer’s behalf - by 11 veterinary or pharmacological experts from around the world. The IHRB called on seven such experts.
The Referrals Committee did not believe there was evidence of deliberate doping but, in the absence of any other plausible explanation, had no option but to find Comer responsible for serious rule breaches and ordered that his licence be withdrawn for a period of three years, starting on January 1st.
Fines totalling €85,000 were imposed and, very significantly, Comer was ordered to pay 80% of the IHRB’s legal costs, which amount to €755,000. The trainer is likely to have run up similar costs on his own side.
Puzzling case
The case is very puzzling to those who follow racing. Of the 12 horses who tested positive, only two have been winners, both winning a single minor race. The other 10 are among some of the lowest-rated horses in the country.
Comer’s success rate on the track, given his resources, is remarkably low. Understood to be a billionaire though his business interests, he has owned racehorses since the late 1990s and he took out a trainer’s licence around 2000.
He is not hands-on, because of his international business commitments, but has employed a team to train them in Kilternan, south Co Dublin. In 2017, following a series of run-ins with racing officials over the management of the stables, he appointed Jim Gorman as his assistant trainer.
It emerged during this latest hearing that Comer is out of the country for nine months of the year and the Referrals Committee suggested that the Licensing Committee looks into whether or not this is acceptable.
Strike-rate
Typically Comer has only one or two winners per year in small races. However there was a notable uptick in 2021, when he had five winners on the flat and 10 more on the all-weather that winter.
Comer vigorously denied any involvement in the presence of anabolic steroids, bringing in a host of expert witnesses to help him argue his case that the positive tests could have been caused by contaminated hay.
The Committee rejected this theory on the basis that the concentration of the drugs found was too high. Ultimately, the Committee could not say how the horses came to be given anabolic steroids though they did say there was no direct evidence of deliberate administration of the banned drugs.
Describing the case as unprecedented, and taking into account that the rulebook states the licensed trainer is responsible for all rule breaches, the Committee found Comer guilty of “acting in a manner prejudicial to the integrity, proper conduct or good reputation of horseracing”.
They ordered that his licence be withdrawn for a three-year period, starting on January 1st, which gives him time to arrange a transfer of the licence so that the yard can continue to operate.
He was fined €5,000 for each of the 12 horses who tested positive and a further €20,000 for the damage caused to racing’s reputation plus another €5,000 for giving misleading evidence to the hearing.
However, the real financial blow came when the Referrals Committee ordered that Comer should pay 80% of the IHRB’s legal costs, which comes to €755,754.08 - not to mention Comer’s own legal expenses.
THE Irish Horseracing Regulatory Board [IHRB] says there was no delay on its part in publishing the Referral Committee’s findings following its hearing of the case involving trainer Luke Comer and 12 horses who tested positive for anabolic steroids.
On Thursday the IHRB revealed that Comer had been given a three-year suspension, fined over €80,000 and ordered to pay over €750,000 in IHRB legal fees. An appeal is “being considered” according to Comer’s legal team.
The case was heard in May but the result came just a few days after Comer presented the prizes to the winning connections of the Irish St Leger, a race his company sponsors and which was televised. Asked if the publication of the result was deliberately delayed until after the high-profile Comer sponsorship, IHRB chief executive Darragh O’Loughlin said: “There was no delay. We have no control over the timeline. The Referrals Committee stands independent of us [IHRB], in the same way a court stands independent of the prosecution.
“We have no influence on the Committee, we didn’t seek to influence them and nor would we want to. We regulate without fear or favour. If we have a case we will prosecute it regardless of who the respondent is.”
Explaining the timeline of events, O’Loughlin said: “The hearing took place across nine days in May. The Committee rose to consider its decision on breaches, whether those breaches are proven and this took a number of weeks.
“They took time to reach their conclusion and draft up their decision and the reasons for it. That then went to both parties and they were invited to make submissions on sanctions.
“Both sides made submissions and the Committee retired again to consider those and their own views. They decided on appropriate penalties and again they drafted the decision with their reasons stated. That draft arrived with is on Wednesday evening and we published in less than 24 hours later. There was no delay on the part of the IHRB.”
Even if Comer does not appeal, he is free to have runners under his name until the end of the year. Asked if the public could have confidence in the integrity of the yard, given this week’s findings, O’Loughlin said: “Mr Comer remains subject to the Rules of Racing and regulations, the same as every other trainer.
“Where concerns arise they are investigated. All winners are sampled and all runners are subject to testing, in and out of competition. Mr Comer’s horses remain subject to the full suite of anti-doping measures.”
Curragh link
Luke Comer has been a very generous supporter of Irish racing in recent years. The Comer Group sponsors three high-profile staying races at the track, including the Irish St Leger.
Asked if the sponsor would remain involved next year, a Curragh spokesperson said: “We will review all of our sponsorships for 2024 at the end of the racing season, as we do each year.”
The Comer Group also sponsors career-ending insurance for professional jockeys and has done so since 2019. The policy offers a lump sum payout of between €30,000 and €120,000 in the event of a rider sustaining an injury which ends their career as a professional jockey.
Timeline of events
October 16th, 2021: He Knows No Fear is routine-tested after finishing fourth in a listed race at Leopardstown. Test subsequently returns positive for anabolic steroids.
November 10th, 2021: IHRB officers carry out an unannounced inspection of the Comer yard in Kilternan, Co Dublin, which reveals 11 more horses testing positive for anabolic steroids.
February 20th, 2023: Referrals Committee opens inquiry but it is adjourned until May.
May 15th, 2023: Nine-day hearing opens at the IHRB offices on the Curragh. Evidence is heard from 21 witnesses.
September 14th, 2023: Referrals Committee publishes its findings and penalties.
Comer’s training record
2023 turf flat (to-date): 5 wins from 190 runners (2.63%)
2022-’23 winter AW: 4 wins from 138 runners (2.89%)
2022 turf flat: 5 wins from 159 runners (3.14%)
2021-’22 winter AW: 10 wins from 86 runners (11.6%)
2021 turf flat: 5 wins from 164 runners (3.05%)
2020 turf flat: 2 wins from 125 runners (1.6%)
2012-’20 winter AW: 0 wins from 92 runners (0%)
2012-‘19 turf flat: 0 wins from 165 runners (0%)
Comer’s IHRB
disciplinary record
March 2017: Explanations and reassurances are noted by the authorities after 13 horses at his yard were found to require veterinary input, care and monitoring.
April 2017: Fined €10,000 and given six-month suspended sentence for failing to allow racing officials inspect his premises.
May 2017: Fined for failing to return 15 horses in training.
July 2017: Fined €15,000 for providing false and misleading information to the Turf Club and other minor administrative offences. Jim Gorman employed as assistant trainer at around this time.
What were the banned substances?
Methandienone (MD) and methylestosterone (MT) were the two prohibited substances found in 12 Comer-trained horses. They are anabolic steroids, meaning they are synthetic derivatives of testosterone, the main sex hormone in men. Anabolic steroids are sometimes legally prescribed for humans to promote muscle growth but they can be misused by athletes and given illegally to horses too with the same aim of developing muscle mass, strength and power. Some scientific sources say it is more effective when used on females as it interrupts the estrus cycle. None of the Comer horses who tested positive were female.
Mr Justice Brian McGovern (chair)
Nick Wachman
Peter Allen