Fayd’herbe found not guilty for failed breathalyzer test

At an Inquiry held on 29 March 2023 at the offices of the Horse Racing Division, Jockey Fayd’herbe was charged with a contravention of Rule 71.2.1 read with 71.4.1 for having failed a breathalyzer test on 25 March 2023, prior to a Meeting at People’s Turf Plc, at the Champ de Mars racecourse in Port Louis. The sample of breath disclosed upon analysis a reading in excess of 10 microgram of ethanol per 100 ml of breath.

Jockey Fayd’herbe pleaded not guilty to the charge. After hearing evidence in the matter on 29 March 2023 and subsequently on 30 March 2023 and 6 April 2023, the Inquiry Board was of the opinion that, it could not be established that the device used for sampling was calibrated as, a calibration certificate for the device could not be produced by the horseracing organizer, PTP PLC.

Therefore, it could not be established at the inquiry that the analysis which was provided from the breathalyzer device in question was accurate. Following this conclusion, there was no remaining evidence in the matter for it to be proceeded with and accordingly, Jockey Fayd’herbe was found not guilty of the charge.

Thursday 6 April 2023

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