D'Arcy claims BHA failing trainers on 'duty of care' over feed products

Paul D'Arcy wants more robust information sharing between the BHA and trainers on products that have the potential to cause adverse drug test results, believing the regulator is falling short in its "duty of care".

The disciplinary panel found D’Arcy had taken reasonable measures to prevent a prohibited substance being administered to his horse Nampara after the filly tested positive for boldenone sulphate, an anabolic steroid, in a post-race sample at Newmarket in August 2018.

D'Arcy and the BHA agreed the most likely source of the positive return was a feed supplement which contained gamma oryzanol, a plant extract found in rice bran, as theoretically it could be broken down into boldenone under certain conditions.

Representing himself despite having a heavy cold, the Classic-winning trainer said: "We rely on the BHA on what we should and should not be using. Our industry should know about this.

"There was evidence that this could produce positive tests. The BHA has a duty of care to us, as well as the horses, and they are failing us."

Giving evidence to the panel, David Sykes, the BHA's director of equine health and welfare, said that although conversations had taken place between different racing authorities about the potential for rice bran to cause positive tests for boldenone, the discussions were theoretical, and as a result no warnings could be put out in relation to using the substance.

David Sykes: 'there have been concerns that gamma oryzanol could lead to positive tests for boldenone'

Sykes said: "Theoretically, it could happen, but we did not find any positives in the urine tests we'd done. Thousands of horses are tested and we didn't find one other positive.

"In my experience, and from other industry regulators, there have been concerns that gamma oryzanol could lead to positive tests for boldenone. We have not had any experience of that in this country."

D'Arcy, who saddled Indian Haven to win the 2003 Irish 2,000 Guineas, added he bought the supplement from a reputable source, that gamma oryzanol had not been listed as an ingredient and that he had used it on other horses since 2015 without an adverse test, so had no reason to suspect any problems.

The disciplinary panel concluded the trainer had "taken reasonable precautions" and cleared him of any wrongdoing. However, Nampara, having tested positive for a banned substance, was disqualified from three races in August 2018, including a win at Newmarket.

D'Arcy said: "I had a very fair hearing and I think it was the correct outcome. Unfortunately, for [owner] Mr Snell, as the rules stand, even though it was such a small amount [of boldenone] the filly is disqualified, which is a shame.

"The BHA could do more, such as if there's a case like mine they could flag it up to everybody else. The fact Mr Sykes was already aware of the problems of gamma oryzanol and didn't flag it up is a concern.

"There needs to be more common sense and communication between the BHA and the trainers."

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