TRAINER Harry Rogers has initiated legal proceedings against the Irish Horseracing Regulatory Board and BHP Laboratories over what he claims was a false positive test for a prohibited substance returned by one of his horses following a race in 2017.

Rogers says he suffered reputational damage and lost potential earnings as well as enduring mental stress.

In documents lodged with the High Court, the trainer said he was informed by the racing authorities that one of his winners had tested positive for a banned substance and the prize money for the race was withheld and his premises searched.

Following further investigation the case never came before the Referrals Committee.

Relationship ended

The IHRB ended its 20-year relationship with Limerick-based BHP Laboratories in 2018. A disputed positive drugs test was believed to have played a part in the decision, but neither the IHRB nor the laboratory would comment on the matter at the time.

It had been known in racing circles for some time that a trainer was facing serious sanctions after a sample taken from one of his horses tested positive for an anabolic steroid at BHP Laboratories in 2017.

Shocked at the finding, the trainer exercised his right to have the ‘B’ sample tested at a different laboratory which came back negative and the case was dropped.

The trainer, who asked not to be identified at the time, was believed to be seeking some compensation for the stress suffered by him, his family and staff.

The IHRB subsequently moved its forensic needs to another laboratory and was reported to have paid as much as €500,000 to BHP in compensation for loss of business.

Back in court

Justice Anthony Barr has requested further details from Harry Rogers regarding the reputational damage and loss of earnings he claims he suffered.

Specifically, Judge Barr has sought estimates of the damages being claimed by Rogers, what owners he lost as a result of the false positive and proof of how his reputation was affected.