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Buster Edwards disqualified after positive test

  • Posted: Friday, 6th October 2023
  • Author: PPA

Bitterley winner Buster Edwards has been disqualified from his victory on 1st April after a post-race sample taken from the horse returned an adverse finding for bute. The race has been awarded to runner-up Collooney. The full findings of the BHA Disciplinary Panel are below:

BEFORE THE DISCIPLINARY PANEL OF THE BRITISH HORSERACING AUHORITY

FAST TRACK REFERRAL

BUSTER EDWARDS

22 September 2023

  1. This is a referral to the Independent Disciplinary Panel of the British Horseracing Authority (“BHA”) for resolution through the Fast Track disciplinary system.
  2. The owners of BUSTER EDWARDS (Sue Teague, Julie Carlyle and Michael Gough) have admitted a breach of Regulation 45 of the BHA’S Point-to-point Regulations 2022/2023 (the “Regulations”) and agreed that this matter can be resolved administratively.

Summary of facts and relevant Regulations

  1. A sample taken from BUSTER EDWARDS at Bitterley Point-to-point on 1 April 2023 returned an adverse analytical finding of phenylbutazone and oxyphenbutazone (“bute”).
  2. Pursuant to Regulation 45: “When any horse has been entered to run under the Regulations and has been the subject of an examination under Regulation 13(vi) and the result of an Analysis of any Sample is positive, the BHA shall impose a fine upon the owner of the horse in question. However, the BHA may waive the fine if the owner satisfies then that the substance was not administered intentionally by him or by any other person whatsoever, whether connected with the owner or not, and that he had taken all reasonable precautions to avoid a breach of this Regulation”.
  3. Regulation 150 provides that a horse will be disqualified from a race already run if a sample from the horse tests positive for a Prohibited Substance.
  4. Following an investigation by the BHA, including by way of an interview with BUSTER EDWARDS’ trainer (Frederick Timmis), Mr Timmis’ evidence was that on the day of the Bitterley point-to-point, BUSTER EDWARDS had temporarily been placed in the stable of another of the horses in the charge of Mr Timmis (FIRST EXPERIENCE) who was on bute for an injury and whose unfinished feed would therefore have contained bute. BUSTER EDWARDS was thought to have consumed FIRST EXPERIENCE’s feed while in FIRST EXPERIENCE’s stable.
  5. The evidence of the Medication Control and Anti-Doping Manager of the BHA was that the levels of bute in BUSTER EDWARDS’ sample may be consistent with Mr Timmis’ account but that she could not rule out the possibility of a separate or different accidental administration or even a deliberate administration.
  6. Having taken the evidence into account, the BHA accepts the possibility that the bute was consumed by BUSTER EDWARDS from FIRST EXPERIENCE’s feed. However since there is a possibility that the bute in the sample was not solely the result of an accidental administration the BHA concludes that it is appropriate for a fine of £150 to be applied in this case, and for BUSTER EDWARDS to be disqualified from the race in which he ran on 1 April 2023 with the results of that race to be amended accordingly.

The owners have accepted that there has been a breach of the Regulations. They are not in regular charge of BUSTER EDWARDS and Mr Timmis’ stable is some distance from their respective locations such that while they are in regular telephone contact with Mr Timmis they do not consider that they are in a position to monitor the horse’s intake (and note that no-one witnessed BUSTER EDWARDS ingesting the bute- contaminated feed). However they accept that they are the “Responsible Persons” for the purposes of the Regulations and have agreed to the BHA’s proposed penalty and disqualification.

  1. Notwithstanding the lack of certainty as to the causation of the presence of bute in BUSTER EDWARDS’ sample on 1 April 2023, in the light of the frank and cooperative approach taken by both Mr Timmis and the owners, I am content to agree that the fast track procedure should apply and to approve and order:
    1. A fine of £150 to be paid by the owners; and
    2. Disqualification of BUSTER EDWARDS from the Novice Riders 3 mile race at Bitterley point-to-point on 1 April 2023.

Philippa Charles

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