Jockey Tom Joseph Kelly banned for at least a year after positive cocaine test

Irish jockey Tom Joseph Kelly has been suspended for at least a year after metabolites of cocaine were found in his system at Killarney on July 15, while amateur rider Luke McGuinness could return at Christmas after serving his punishment for the same offence.

McGuinness was suspended after testing positive for cocaine for a second time in January 2020 but was described by the Irish Horseracing Regulatory Board's senior medical officer Dr Jennifer Pugh as "positively unrecognisable over the last 12 months" at a referrals hearing on Monday.

Kelly, a claiming professional based with Enda Bolger, was given a four-year suspension during the same round of referrals, which were heard on Monday via Zoom, with the last three years suspended provided he co-operates with Pugh.

He accepted the finding of the laboratory and explained he had been on a night out during which he had refused the offer of cocaine but that it was being taken in his company. He said he had no recollection of taking cocaine but accepted that with the consumption of alcohol and peer pressure from those around him he must have dropped his guard later in the evening.

He said he had never before or since taken any type of drugs and that he was not aware of the consequences, but this was a mistake he would regret for some time and apologised for letting down his family, employer and racing.

In his evidence, Bolger described Kelly as a brilliant horseman and a brilliant worker who never gave any problems during his time working for him. Bolger said he would back Kelly 100 per cent in the future as this episode was uncharacteristic of him.

Enda Bolger: gave his full backing to Tom Joseph Kelly, who is a claiming professional with the trainer

In granting McGuinness his licence, the referrals committee heard evidence from addiction counsellor Patrick Brennan and trainers Gordon Elliott and Nigel Slevin, for whom the amateur rider has been employed in the past 12 months.

McGuinness said he had been in constant employment during that period and continues to work for Elliott and Slevin, who have been very supportive of him.

He said he had used his period of suspension to work on himself as an athlete and as a person, and felt a return to race-riding would be a further help to him. If given the opportunity, he said he was determined to make the most of it as he had wasted the last three or four years of his career and now wanted to make the most of his life.

In her evidence, Pugh outlined the constant engagement she had with McGuinness and described him as positively unrecognisable over the last 12 months.

She said McGuinness had undergone a number of unannounced tests at various stages of his suspension, all of which returned negative. She confirmed he never missed a test and that this testing would continue.

Having considered the evidence, the decision read out by Mr Justice Tony Hunt on behalf of the panel said: "We have considered all the evidence and the submissions put before us and listened to you and paid close attention to what Dr Pugh has told us, and it is clear you have done very well in terms of everything that has been required of you.

"In the circumstances and because you have opportunities with Mr Slevin and Mr Elliott, who both need to be highly complimented on their approach, we are going to permit you to take out a licence from December 22, if granted by the licensing committee."

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