Six-month suspension for Benoit de la Sayette could see jockey return next month

Benoit de la Sayette may return to race-riding from the day after Champions Day next month, following the ruling of an independent disciplinary panel on Thursday that a backdated six-month suspension is the appropriate penalty for the positive test for cocaine that was taken from him in the spring.

The previously high-flying teenage apprentice, attached to John and Thady Gosden's Newmarket stable, may first have to satisfy a licensing committee that he remains a fit and proper person to hold a licence, as the panel expressed some misgivings about his case in light of evidence from an expert toxicologist.

The BHA itself had no such misgivings and described De La Sayette as having made "full and frank admissions" that described his use of cocaine on "three or four" occasions between August 2020 and January 2021. The jockey says his cocaine use ceased in February, when he left shared accommodation and returned to live at the home of his parents in order to get away from "a bad crowd".

Presenting the BHA's case, Ciara McElvogue told the panel: "There is no suggestion by the BHA or any evidence that Mr De La Sayette ever rode in a race while under the influence of cocaine. The sample was taken out of competition."

McElvogue presented the evidence of a toxicologist who studied the hair sample as indicating "the likely use of cocaine in the period of January to March". She stressed that the time period involved could only be estimated and did not say it amounted to a finding of continuing use through that period.

John Gosden: young rider's bossCredit: Edward Whitaker

But the evidence was enough to give concern to Tim Charlton QC, chairing the panel, who told De La Sayette he had "misgivings about the fullness of the explanation you have given in the light of the expert evidence we have. Even though that expert evidence may not be something that we treat as gospel, it's not written in stone, this panel is nevertheless concerned about the fact that you have on the face of it been using cocaine after you had returned home.

"That's a possibility that the expert evidence opens and therefore being at home does not seem on that expert evidence to have cured the problem you had with the use of cocaine. That's a matter you will need to confront, perhaps, when you come before the licensing committee."

Rory Mac Neice, representing De La Sayette, argued with Charlton's interpretation of the toxicology report, saying: "I don't think that's right, sir. A length of hair was taken and analysed and that indicated use within that period, not up to the end of March."

As the two men debated the matter, there were suggestions the hearing might be adjourned so that Mac Neice could commission his own toxicology report. He said that he had been proceeding on the basis that the existing report's relevance had been superseded by the fact De La Sayette had made admissions and those admissions had been accepted by the BHA.

McElvogue intervened in support of Mac Neice's points, saying: "Our expert or any toxicologist would struggle to be definitive" as to the timing of use, based on a hair sample.

"Mr De La Sayette has admitted to cocaine use in the time period of August to January, three or four times," she said.

"The expert evidence accords with that admission. It's incredibly difficult for a scientist to be specific about how often cocaine has been used, given how long it remains in hair samples."

Mac Neice described that as "a very fair and even" way for the BHA to put its case. But Charlton's concerns remained and he said: "We have before us evidence of use after the period that Mr De La Sayette moved home".

McElvogue suggested there was little to be gained from another expert report being prepared for the defence. She said: "There will be no way of definitively confirming that [the timing of cocaine use]. We just do not know."

Mac Neice told the panel that De La Sayette "has made a mistake and won't be the first teenager to have done so, and he possibly won't be the last. To his credit, he had recognised, prior to his positive test, the need to make changes to his living arrangements".

Haqeeqy winning the Lincoln under De La SayetteCredit: Alan Crowhurst

He continued: "His entire focus now and throughout the late spring and summer has been to work hard at Mr Gosden's yard to ensure that, should he be given a second chance, and he hopes he will be, that he can pay back those who have helped him through this period.

"He apologises without reservation. He has learned the hard lessons of this episode and learned them well.

"He accepts the BHA's anti-doping rules are there for a good reason. He's a very young man and has a long career ahead of him."

De La Sayette rode his first winner in December, the month in which he turned 18, and quickly made a name for himself with six winners from just 16 rides the following month. He won the Lincoln in late March aboard the Gosdens-trained Haqeeqy but just three days later a video was posted on social media which seemed to show the jockey in the presence of cocaine use.

De La Sayette initially responded with a vigorous denial that he had ever used the drug, but a hair sample taken that week by the BHA recorded cocaine at a concentration of 2.96 nanograms per millimetre.

Read more from BHA hearings:

Former champion Silvestre de Sousa to miss string of big races due to whip bans

Kevin Lundie banned from riding for two years after second cocaine positive

Joe Colliver given six-month ban after testing ten times over limit for cocaine

Danny Brock gets 30-day ban for breaking whip rules on one ride in seven in 2021

Four-month ban for box driver who drove into people and abused officials

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