Robbie Downey and PJA claim miscarriage of justice over French cocaine ban
Jockey Robbie Downey and the Professional Jockeys Association have claimed a clear miscarriage of justice after France Galop imposed a six-month suspension for allegedly riding while under the influence of cocaine, despite the British-based rider providing two hair tests that returned negative for the drug.
In an unusual twist, Downey has made public the findings of historical hair testing conducted in Britain and France that appear to support his insistence of innocence.
An official report posted by France Galop reveals that Downey – who has ridden nine winners from 132 rides in Britain this year – tested positive for metabolites of cocaine while in action at Lion d'Angers on June 19.
At a France Galop hearing on October 3 Downey, used mainly this year by trainers David O'Meara and David Barron, was found guilty.
That verdict has stunned the jockey and PJA, which, if necessary, will ask the BHA not to reciprocate the punishment, due to be effective from October 24 to April 23. The PJA plan comes in light of the BHA last month announcing it may introduce hair testing, given drug use can be detected in hair three months after consumption.
Downey, 24, who is set to take two mounts at York on Friday, said: "I am bitterly disappointed to have been found in breach and that France Galop has ignored the medical evidence I have presented which shows I have not taken cocaine.
"I will definitely be appealing and doing everything I can to clear my name."
Supporting Downey, PJA chief executive Paul Struthers said: "It must be devastating to be facing a six-month suspension when you have never taken cocaine and I am extremely concerned that there is a risk of a miscarriage of justice.
"As soon as Robbie was informed his 'A' sample had returned a positive result, he immediately paid for a hair sample at an accredited British laboratory in order to prove his innocence. He also paid for a second hair sample at an accredited French laboratory and both of these tests returned negative. These results clearly demonstrate that he hasn’t taken cocaine. We are greatly concerned that these two separate and independent results have been ignored by France Galop.
"It is unclear why France Galop is refusing to apply the same testing thresholds that operate in other testing regimes and why they refuse to disclose the levels in Robbie’s urine, this despite the fact Robbie specifically asked them to do so when reporting the analysis of his ‘B’ sample.
"We are therefore taking the unprecedented step of making those hair test results public today to demonstrate that Robbie is telling the truth."
Struthers added: "Robbie will be lodging an appeal against the decision and if that appeal fails he will then apply to the BHA, who have been kept appraised of the situation throughout this process, for the suspension not to be reciprocated.
"The BHA recently announced that they would be bringing in hair sampling as an additional testing matrix and Robbie has two such samples that prove his innocence.
"In those circumstances it would be a grave injustice were he to be banned for six months for something he so clearly hasn’t done."
Speaking last month, a BHA spokesman said: "Bringing in standardised hair testing would have significant advantages, due to the more complete historical picture it can provide of substance use.
"This would not necessarily replace the current programme of urine and breath testing. Hair testing is something we are actively discussing as we look to constantly evolve our approach to drug use within the weighing room, alongside greater support and education across the industry.
"We will continue to work closely with the Professional Jockeys Association to ensure we have adequate and robust deterrents in place whilst ensuring the health, safety and welfare of our athletes is protected."
France Galop said on Friday that they would not comment on the case pending a likely appeal.
In the published summary of the hearing France Galop stewards noted that, while the hair test results showed that Downey was not a habitual user of cocaine, they did not prove conclusively he had not consumed the drug.
The stewards highlighted the words of the report submitted by London-based AlphaBiolabs, which expressly declared that a negative hair test result was not proof that the drug had not been consumed, and that "a one-off consumption or a weak dose can generate a negative result".
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