Jockeys' chief blasts BHA after it opposes appeal against Downey cocaine ban

The chief executive of the Professional Jockeys Association (PJA) has attacked the BHA’s decision to successfully oppose Flat jockey Robbie Downey’s appeal against a ban reciprocation for testing positive for cocaine as a “really dark day” for the regulator.

Paul Struthers blasted the decision taken by the sport’s governing body to come out against Downey in Thursday’s disciplinary panel hearing, with the PJA having been working under what it believed was a guided assumption the BHA would remain neutral or be supportive of its case.

However, the BHA said it had “acted in good faith throughout” the process and had offered assistance to Downey’s team, but took its position having sought legal advice based on the jockey's submissions on Monday.

The result of the hearing means Downey, 23, will have the six-month drugs ban imposed on him by France Galop officials on October 3 reciprocated in Britain despite his repeated attempts, including getting independent laboratories to conduct hair testing, to prove the positive test was not the result of intentional ingestion of cocaine.

Struthers said: “I think this day is a really dark day for the BHA. I worked here for ten years, I’ve been in this job for nearly eight, and what’s happened this week has really disappointed me, more than anything.

“The BHA were not going to oppose his application. They never said they were going to support it but for months we’ve been having conversations with the BHA about whether they’d be neutral or whether they’d support it and yesterday they informed us they were going to oppose it. Perhaps I shouldn’t be, but I’m staggered by what’s happened.”

Struthers outlined that the BHA’s position had only been communicated to him during a phone conversation with BHA director of integrity, Tim Naylor, on Wednesday after the regulator had spoken with its legal counsel Louis Weston.

Downey’s legal team argued he had not been afforded natural justice as the hearings had taken place in French, a language he does not understand, without adequate legal representation or with the data he believed he needed to prove a “no fault defence” for the positive test, namely the levels of the metabolites of cocaine found in his urine samples when he was tested while in action at Lion d'Angers on June 19 last year.

Jockey Robbie Downey faces a six-month suspensionCredit: Patrick McCann (racingpost.com/photos)

Weston countered saying Downey – who last rode at Dundalk a week ago – had not expressed these concerns during previous hearings in France and that issues around language had not been part of his written submissions to the panel, so therefore there had been natural justice and, as such, the BHA was bound by the International Agreement on Breeding, Racing and Wagering to reciprocate the ban.

Struthers rebuked the BHA and said: “I think the BHA have put their relationship with France Galop over what is right. I’m sorry that’s strong but it’s what I believe. This has really stung me this week. It’s changed how we’re able to work with that particular team at the BHA.

“In due course we'll have to give consideration to what we put out after this hearing in terms of detail of what happened. The public, rightly so, will just read the headlines that he’s got six months for cocaine and say he’s taken it.

"It’s why we took the unprecedented step, and the BHA had the knowledge at the time, we weren’t trying to hijack anything, of publishing his hair sample results – we’ve never done that before.”

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He added: “The BHA submission today was he could have had a solicitor and could have paid for an expert witness, and the BHA have made that submission despite us telling them Robbie cannot afford an expert witness. And in any event the experts cannot tell us because they don’t have the [metabolite] levels. The BHA were advocating for France Galop today and I would struggle in 18 years to match what I’ve experienced this week. I’m very emotional about this.

“We completely accept the result and that we had a very fair hearing in front of the panel, like we always do now. But you’ve got a guy who has very little financial means who, quite clearly to me, has not done what he’s going to serve close to eight months for.”

In a statement, the BHA outlined that no reciprocation could only happen when “the suspension fails to comply with either the rules of natural justice or the rules of racing in the jurisdiction in question” and that neither was shown to be the case.

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The BHA said: “The BHA and PJA have been corresponding on this matter since late 2019. The BHA has made extensive efforts to assist the PJA and has acted in good faith throughout. This has included acquiring relevant information from France Galop on two occasions, as well as seeking expert evidence from scientific analysts on Mr Downey’s behalf.

“Following the receipt in writing of the PJA’s formal position on Monday and conversation with legal counsel, the BHA adopted the position that the suspension imposed by France Galop complied with the rules of French racing and the laws of natural justice, and as such the ban had to be reciprocated. The independent disciplinary panel reached the same conclusion.

“The BHA is aware of Mr Downey’s financial situation and has made efforts to assist him and the PJA since the outset. However, we are signatories to the international agreement which is reflected in our rules.”

Downey’s ban will run from Thursday, with the jockey able to appeal against the starting date of the ban in an effort to push the date back to the time of his suspension in November. In summing up, disciplinary panel chair Brian Barker QC expressed sympathy for him.

He said: “We have some sympathy with the personal circumstances of Mr Downey. We have given this our careful consideration to the case. Our conclusion, based on the evidence, is that the appeal must fail. Full reasons will follow in due course.”

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