No punishment for apprentice whose ADHD caused him to forget to give drug test sample

An apprentice jockey will face no punishment for leaving Beverley racecourse last year without giving a sample to drug testers, having persuaded a disciplinary panel that his attention deficit hyperactivity disorder (ADHD) was to blame. A relieved Curtis Wilson-Ruddock was told he had not broken the rules after sitting through a hearing on Monday that lasted almost eight hours.

The 22-year-old jockey, based in Yorkshire with Kevin Ryan, told the panel that the breakup of a relationship had prevented him from accessing his medication for several days before the Beverley fixture; he had been unable to recover it from the home of his ex-girlfriend before she went away on holiday. "My medication almost controls me," he said. "I'm a totally different person [when using it], following instructions is a lot easier." 

The panel heard how Wilson-Ruddock was told on arrival at the track in May last year that he had been selected to give a urine sample. He was also told to complete a whip-rule training module, which took about half an hour after his arrival, and he was worried about having his first ride back from injury after an absence of more than half a year.

"My head was a bit all over the place," he said, explaining why he forgot to comply. "I was overthinking everything. It was like having my first ride over again. It was quite a stressful day." 

Wilson-Ruddock left the course in a hurry soon after his ride, partly because family members wanted to leave quickly. When reminded later by phone that he was supposed to give a sample, he offered to take the test at another track that night or the following day. He ultimately gave samples at York that week, which were clear of prohibited substances.

After expert medical evidence was heard about the extent of his ADHD, Wilson-Ruddock's solicitor, Rory Mac Neice, summed up. "This is a very sad matter but none of the evidence suggests an individual hiding something or deliberately doing something wrong," he said.

"He has a disability which prevented him from providing a sample. He shouldn't be found to have breached the rules on the basis of a disability." Mac Neice said the BHA knew Wilson-Ruddock had ADHD and should have modified its procedures to account for that, perhaps by ensuring a staff member fetched the jockey in time to give a sample.

For the BHA, Tomas Nolan argued such changes would be impractical, adding that, within the past four years, 40 jockeys have told the ruling body they have ADHD. "The BHA would have to review all of its jockey files, identify those that might need reasonable adjustments made for them and then provide medical information to multiple people on the ground when samples are to be taken."

Fiona Horlick KC, chairing the panel, told Wilson-Ruddock: "We regard your failure to take your medication every single day as irresponsible. However, we are persuaded there was a satisfactory explanation for your failure to provide a urine sample. Under those circumstances, you are not in breach of the rules."

The ruling body was roundly criticised in a post-verdict statement issued by Paul Struthers, chief executive of the Professional Jockeys Association. "We are delighted with today’s result and are particularly pleased for Curtis and his family, given the unnecessary ordeal he has been put through by the BHA," Struthers said.

"The sad reality is, these charges should never have been brought. The fact that they were, and the nature of the case advanced by the BHA, was deeply regrettable."

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