“Be very careful if you are riding in France,” was the advice from Robbie Downey to his fellow riders in January, after he had a six-month ban issued by France Galop for a positive Cocaine test reciprocated in Britain.
Last week it was announced Oisín Murphy had tested positive for cocaine in a sample taken in July and should disciplinary measures proceed, Downey’s case is the nearest precedent and has very similar hallmarks.
The Kildare native jockey was riding in Le Lion D’Angers in June last year when he was randomly selected for a urine test. After his test returned positive, he maintained his innocence and working with the Professional Jockeys Association (PJA), who paid for separate hair test samples in Britain and France, launched a campaign to clear his name.
The hair test samples did now show any trace of cocaine which led Downey to argue that his positive sample must have been subject to environmental contamination. France Galop refuted this saying the hair tests were not evidence of a complete abstinence of the drug.
The key to the case was the French racing officials' refusal to disclose the level of cocaine found in the sample taken at Le Lion D’Angers. This meant that Downey could not get an expert witness for his hearing in France because there was no evidence to compare the hair test against. Downey strongly asserted that if France Galop released the information on the amount of cocaine found in his sample, that it would be well under the threshold in place in Britain, which would be sufficient reasoning to not reciprocate the ban.
As it happened, the BHA opposed Downey’s case late in the day and argued that there was no breach of natural justice in the France hearing.
Oisín Murphy tested positive for cocaine after being randomly selected for a test when he was riding in Deauville on July 19th. Like Downey, he worked with the PJA to obtain hair sample test at an independent laboratory, which was done just three days after his positive test, and came back negative for any level of cocaine.
The process of Murphy’s hair sample test was filmed by the laboratory which alongside the results, was shared with France Galop, who should this week inform Murphy of the results of his B sample.
If the B sample comes back negative, then Murphy will be cleared, but that would be very unusual and it seems inevitable the disciplinary process will begin. Going by the Downey case, Murphy will not be allowed to use the hair sample evidence, if France Galop take the same procedure of not disclosing the amount of cocaine found in his sample. In this case, you can’t use an expert witness to compare the two samples because there is nothing to compare the hair sample to.
As with Downey, the BHA will have to follow the lead of France Galop, as per the terms of an international agreement between the two racing jurisdictions, unless they view the procedure to be at odds with their own regulations.
In short, unfortunately for Murphy, it looks very likely at this stage, barring a major development, that he’ll have to serve a six-month ban.
He will be able to appeal his case but he may not wish too if by doing so he will delay his sentencing and be forced to miss a more important section of his year. That said, if he is to miss a lot of the winter, he won’t be able to ride in Japan where he has built up a significant following.
However, Murphy seems to be well supported and has established himself as one of the best jockeys around. While this case will clearly do damage to his public image, it would be a surprise if it proved a huge threat to his career as a whole, especially when you consider both Frankie Dettori and Kieren Fallon came back from bans that will be perceived as much more serious.
The Arc promised so much this year but as is often the case in racing, such expectation led to an anti climax.
Last week there was nearly a seismic blow every day for the Arc; Monsoon weather, Love’s withdrawal, the rapidly developing news on the Ballydoyle runners and then on the day no pace leading to a rather unsatisfactory play-out for Europe’s premier all-aged contest.
Simon Holt said in commentary that Enable was cruising into contention early in the straight but the problem was that a lot of the other horses were cruising also, the soft early fractions making it easier on everyone.
Pierre Charles Boudot rode the perfect race from the front on his mount Persian King, who had big stamina questions beforehand, but was allowed to go along at a gentle tempo, sharpening his main attribute at the business end of proceedings.
In the end it was Sottsass who dealt best with the nature of this contest, with In Swoop powering into second late on, perhaps a little unlucky. The winner was a good story for the trainer Jean Claude Rouget, a big name in France but one who had never appeared on the Arc roll of honour. Yet most of the attention remained on Enable.
In truth it’s been a fairly forgettable year for the mare as while she has still brought joy to many of her fans through their home screens, she has arguably detrimented her own legacy.
The best race she was involved in all season was the Eclipse where she was beaten but ran excellently on her seasonal debut. Her third King George was historic but she basically beat one substandard Group 1 horse and most disappointingly, connections shirked a battle with Love in the Yorkshire Oaks in favour of another trip to Kempton for the Group 3 September Stakes.
Her sixth place finish yesterday was naturally disappointing but even more so in the context of her overall career as it was very likely her last appearance on the racecourse.
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