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Inquiry into a sample irregularity - Jockey O Doleuze


The Stewards today concluded their inquiry into the analyst's report on the urine sample supplied by Jockey O Doleuze, as directed by the Stewards, at the Happy Valley racemeeting on 14 May 2008. Evidence was today taken from Jockey Doleuze and from Dr T S M Wan, the Club's Head of Racing Laboratory. It was decided Mr P Dingwall, Stipendiary Steward, should also appear before the inquiry as a witness and tender evidence. Mr Dingwall was available for cross-examination by Jockey Doleuze. As such, Mr Dingwall did not take part in the deliberations of the Racing Stewards' Panel or their determinations of this matter. A written statement from Mr D K K Leung, Racing Chemist (Operations), who was unavailable to appear at today's inquiry, was submitted into evidence.

Dr Wan reported on 18 May 2008 that the portion of the urine sample supplied by Jockey Doleuze he analysed contained benzylpiperazine which is a prohibited substance (jockey) in accordance with the Rules of Racing of The Hong Kong Jockey Club. Dr Wan also reported the corresponding water control was negative.

On 18 May 2008, the Stewards informed Jockey Doleuze of the analyst's findings and decided it was appropriate for them to exercise the powers they have under Rule 60(3) to stand Jockey Doleuze down from riding with immediate effect until an inquiry into the analyst's findings has been determined. At the same time the Stewards obtained the permission of Jockey Doleuze to have Mr S Chandler, Executive Director, Security & Corporate Legal Services, attend Jockey Doleuze's residence to obtain samples of "Bliss Sensory Pills" and any other item he believed appropriate. Jockey Doleuze had made a written declaration on the sample card corresponding to the urine sample that he had consumed "Bliss Sensory Pills" on 13 May 2008. At the direction of the Stewards, Mr Chandler delivered both an opened and an unopened (sealed) bottle of "Bliss Sensory Pills", together with other items to the Racing Laboratory for analysis.

Yesterday, 20 May 2008, the Stewards received advice from Dr Wan that upon analysis samples of "Bliss Sensory Pills" from each of the submitted bottles were found to contain benzylpiperazine. After having been informed of the analyst's advice Jockey Doleuze said he did not wish to have the reserve portion of his urine sample tested by an independent laboratory.

Jockey Doleuze advised the inquiry he purchased "Bliss Sensory Pills" from a pharmacy while holidaying in Indonesia at the end of March 2008. "Bliss Sensory Pills" is a product manufactured in New Zealand. The product information sheet purported "Bliss Sensory Pills" to be a dietary supplement containing vitamins intended to be used to improve the metabolism for better health. At the Sha Tin racemeeting held 27 April 2008 Jockey Doleuze provided to Mr Dingwall a copy of the product information sheet which was packaged with the "Bliss Sensory Pills" he had purchased. He requested the listed contents of "Bliss Sensory Pills" be checked with the Racing Laboratory to ensure the product did not contain prohibited substances for jockeys.

Mr Dingwall said on 28 April 2008 he forwarded the product information sheet to Mr Leung at the Racing Laboratory to seek his advice on the listed contents of "Bliss Sensory Pills". Mr Leung in his statement said after checking the listed contents he advised Mr Dingwall that none of those contents were prohibited substances for jockeys. Mr Dingwall said after having received this advice he contacted Jockey Doleuze by telephone and passed the same advice to him. Jockey Doleuze said based on this information he formed the view he was permitted to use "Bliss Sensory Pills".

Dr Wan advised the inquiry a further check of the contents of "Bliss Sensory Pills" listed on the product information sheet confirmed none of the listed contents were prohibited substances for jockeys. He said that benzylpiperazine was not included in the listed contents for "Bliss Sensory Pills" despite the samples of the product he analysed clearly having the substance present. He added that having analysed the product, in his opinion, the findings of the presence of benzylpiperazine in the urine sample supplied by Jockey Doleuze is consistent with consumption of "Bliss Sensory Pills". Dr Wan also said to his knowledge benzylpiperazine is not registered as a pharmaceutical in any country and that it is not an illegal substance according to the Laws of The Hong Kong SAR.

On all the evidence before them, the Stewards formed the opinion the presence of benzylpiperazine in the urine sample provided by Jockey Doleuze at the Happy Valley racemeeting on 14 May 2008 arose from the consumption by him of the product "Bliss Sensory Pills". They are satisfied on the available evidence the product information does not show benzylpiperazine as being contained in "Bliss Sensory Pills" despite the substance being clearly present in the samples of the product analysed by Dr Wan.

Jockey Doleuze had followed the Club's advice previously given to all jockeys in Hong Kong to have the listed contents of any supplement they are considering consuming checked for the presence of prohibited substances. The Club's advice to Jockey Doleuze on the listed contents of "Bliss Sensory Pills" was correct.

The Rules of Racing of The Hong Kong Jockey Club place the responsibility on a jockey to be free of prohibited substances when he is present on a racecourse at which he has an engagement to ride in a race. However, under the Rules the finding of a prohibited substance in a sample provided by a jockey does not necessarily oblige the Stewards to penalise the jockey concerned. Having given careful consideration to all the circumstances of this matter, the Stewards chose to exercise their discretion in this case.

Jockey Doleuze, who is currently suspended from riding in races for a careless riding charge, was advised by the Stewards he continues to be stood down, at their direction, from riding in track work and trials until such time as he provides a urine sample which upon analysis is reported to be negative. Jockey Doleuze informed the inquiry he last consumed "Bliss Sensory Pills" on Friday 16 May 2008.

The Stewards will discuss with all jockeys in the immediate future the responsibilities the Rules of Racing place on jockeys and the possible implications of the consumption of supplements by them. The aim of this discussion will be to clarify any misunderstandings which exist with current practices.