NORTH Co Dublin trainer Ado McGuinness has been found guilty of possessing four animal remedies without authorisation and two remedies without a prescription from a veterinary surgeon.
McGuinness (50) has been fined a total of €2,500 for the offences after Judge Dermot Dempsey said the offences appear to be on “the lower end of the scale.”
McGuinness was found guilty after an uncontested trial to have been in possession of animal remedies, Cyanocobalamin, Ana Sed, Colvasone and Vita 15 without an animal remedies authorisation under the European Communities (Control of Animal Remedies and their Residues) Regulations 2007 on June 4th, 2014.
He was further found guilty of being in possession of Pro Dynam and Phenylarthrite without a veterinary prescription.
An allegation of failing to comply with the requirement of an authorised officer on September 17th, 2014 was dismissed by the presiding judge after an incorrect section was misprinted on the summons.
The case was brought against McGuinness, who trains in Lusk, by the Department of Agriculture.
Louis Reardon, a veterinary inspection agent from the Department of Agriculture, told prosecuting counsel Marjorie Farrell, SC, his permit permits him to carry out searches and inspections. He said on June 4th, 2014 he conducted a routine inspection at the trainer's yard and searched a tack room and office.
He said he located the remedies, which he said appeared to be unauthorised products, as they did not have the proper labelling on them such as the Vet Product Authorisation Number (VPA). He said the Colvasone was marked with a Vetinary Medicine number (VM) which indicated it is not licenced to be used within this State.
He gave evidence the Ana Sed, a potent vetinary sedative, the Vita 15 and Cyanocobalamin were products of the USA and appeared to be illegally imported into the State. The Cyanocobalamin had ten times the appropriate concentration that can be prescribed within the State.
He said he seized the products after he showed McGuinness the remedies and brought them to the Department of Agriculture State Laboratory in Co Kildare for testing. The remedies were non-performance enhancing remedies but anti-inflammatory, vitamins, painkillers and sedatives but that the Vita 15 did contain traces of Colbat, which is a controversial performance enhancer.
He said he returned to the trainer's yard on September 3rf, 2014 for the purpose of serving legal notice on McGuinness. However, as McGuinness was not there, he served the notices and left them in McGuinness's office.
He said McGuinness contacted him to say his solicitor Robert Dore was handling his case.
Mr Reardon said there are licenced versions of Ana Sed but “possession and administration of it is restricted to vets only.”
Kevin Dodd, a consultative vet and former senior lecturer at DCU, said some of the products “might have ingredients that are in legitimate products but McGuinness had “no provision to have these products.”
“They are unsuitable and unlicensed,” said Mr Dodd. “They lack the requirements necessary before they can be used in Ireland.”
Noel Meade, chairman of the Irish Racehorse Trainers Association, gave evidence in mitigation, contrasting this case with an unnamed high profile case involving anabolic steroids. Meade said that the products discovered in the McGuinness yard were like "aspirin compared to what was found in that high profile case.” Mr Reardon disagreed with this comment.
Mr Meade said he never found McGuinness “anything but a gentleman” and has known the trainer for many years.
Defence barrister Ray Comyn, SC, said the married father-of-three has run a successful training business, employing several people and that he hopes to continue with his profession “notwithstanding this glitch.”
He said McGuinness has had a blemish-free record up until now and his reputation is of great significance to him.
Comyn said an upcoming Turf Club enquiry into this offence is likely to see sanctions imposed on his client "that will have an effect on his livelihood.”
Judge Dempsey took into consideration McGuinness' unblemished record and noted that there was “no attempts by the trainer to hide the remedies. They were easily found.”
He formally fixed recognisances in the event of an appeal and ordered the forfeiture of the remedies to the State.
MORE ON THIS STORY IN THE IRISH FIELD NEXT WEEKEND