Subject: APPEAL - POSITIVE FINDINGS RETURNED BY HORSE WISE JOHNNY PROHIBITED SUBSTANCES: NIKETHAMIDE – NOVEMBER 1, 2017 & NIKETHAMIDE & DICLOFENAC – NOVEMBER 18, 2017
September 11, 2019


On Tuesday, September 10, 2019 the Jamaica Racing Commission heard two appeals by Trainer Deon Facey, Trainer of the horse WISE JOHNNY against the decisions of the First Instance Tribunal, arising from positive findings of the prohibited substances NIKETHAMIDE on November 1, 2017 and NIKETHAMIDE & DICLOFENAC on November 18, 2017. The split samples were subsequently analysed at the University of the West Indies Mona Analytical Chemistry Lab (UWIMAC) in the presence of the Referee Chemist, where it was confirmed that NIKETHAMIDE & DICLOFENAC were present in the respective samples. In respect of the prohibited substance Nikethamide, found on November 1, 2017, the First Instance Tribunal, had imposed on Trainer Deon Facey a fine of Two Hundred and Fifty Thousand Dollars ($250,000.00) and warned him off all courses where the Rules of Racing are in force for a period of three (3) years with immediate effect. As it relates to the prohibited substances Nikethamide and Diclofenac found on November 18, 2017, the First Instance Tribunal had imposed on Trainer Deon Facey a fine of Seventy Five Thousand Dollars ($75,000.00) for the drug Diclofenac and Two Hundred and Fifty Thousand Dollars ($250,000.00) for the drug Nikethamide and warned him off all courses where the Rules of Racing are in force for a period of three (3) years with immediate effect. The horse in question, Wise Johnny was disqualified from the sixth race of November 1, 2017 and also the first race of November 18, 2017. After considering the evidence and submissions, the Commission: ? Ruled that the decisions of the First Instance Tribunal be upheld but that the warned off periods run concurrently effective from June 17, 2019. Mr. Deon Facey was represented by Mr. Lerone Robinson. Mr. Garth McBean Q.C., the Commission’s Legal Adviser, represented the the Commission.