The battle lines were drawn on Tuesday in a case that could result in the Group One-winning trainer Hughie Morrison banned from racing for at least a year. The British Horseracing Authority’s disciplinary panel heard a claim that Morrison had been the victim of a “malicious” plot and should therefore not be penalised under the BHA’s strict liability anti-doping rules.
Morrison’s four-year-old filly Our Little Sister returned a positive test for the anabolic steroid nandrolone after finishing last in a race at Wolverhampton on 14 January, the first positive for an anabolic steroid in British racing since 2013.
At the start of what is expected to be a two-day hearing in London, the panel heard that Morrison concedes he is in breach of the strict liability rule, and the hearing will proceed to decide what penalty, if any, should be imposed for an offence which has an entry-level penalty of a two-year ban and a range, depending on mitigating or aggravating factors, from one to 10 years.
The hearing opened with the presentation of a note prepared by the BHA to outline the issues in the case, including Morrison’s claim he should not be penalised “because he says he can prove on the balance of probabilities that the substance was administered to the horse maliciously”.
The BHA contends any deliberate administration would still demand a penalty owing to the strict liability nature of the rules, while conceding that proof of malicious administration would “clearly amount to considerable mitigation on behalf of Mr Morrison” when it is determined. The authority also insists Our Little Sister was randomly selected for drug testing, rather than on the basis of intelligence received, which it says “fatally undermines the contention for a malicious intervention”.
Witnesses who gave evidence included Greg Pearson, the stipendiary steward at Wolverhampton on 14 January, who told the panel that while he could not remember with 100% certainty whether he had selected which horse at the meeting would be randomly selected, there was a “strong likelihood” he was responsible as he is usually the first official to arrive at the course. Pearson also said his computer records confirmed Our Little Sister was randomly selected for testing.
The panel also heard a dispute between witnesses giving scientific evidence on the probable date, or range of dates, when Our Little Sister was administered with nandrolone. Stuart Paine, an associate professor of pharmacology at Nottingham University giving evidence on behalf of the BHA, told the hearing that, in his opinion, it was only possible to say the drug had been administered by intramuscular injection “between mid-December 2016 and mid-January 2017”.
His evidence was disputed by Thomas Tobin, a professor of toxicology at the University of Kentucky, who gave his testimony via Skype. Tobin insisted the date of administration could be narrowed to the middle of Paine’s one-month window.
The panel also started to hear evidence from Tim Miller, the leader of the BHA team investigating the case. Miller will conclude his testimony on Wednesday, when Morrison is also expected to give evidence.
Wednesday tips
Lingfield Park 11.40 Culpability 12.10 Sweet Charity 12.40 Perfection 1.10 Drumochter 1.45 Zalshah 2.20 Mercers 2.55 Lost The Moon 3.25 Deebaj
Ludlow 12.20 Gortroe Joe 12.50 Bach De Clermont 1.20 Nicolas Chauvin
1.55 Chilli Filli 2.30 Relentless Dreamer 3.05 Cloonacool 3.35 Higgs
Newbury 12.30 Doctor Bartolo 1.00 Brianstorm 1.30 Cosmos Des Obeaux
2.05 Happy Diva 2.40 Lake Field (nb) 3.15 Melrose Boy 3.45 Aweeminit
Kempton Park 4.10 Count Otto 4.40 Royal Residence 5.10 Glencadam Master
5.40 Native Appeal 6.10 Lacan (nap) 6.40 Look Surprised 7.10 Courier 7.40 Ding Ding
