The Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board today heard a matter in regards to charges issued by HRV Stewards under Australian Harness Racing Rules (AHRR) 190(1) and 239A against licensed trainer Mr Jason Sant.
ARHR 190(1) reads as follows:
A horse shall be presented for a race free of prohibited substances.
ARHR 239A reads as follows:
A person whose conduct or negligence has led or could lead to a breach of the rules is guilty of an offence.
The charges issued by HRV Stewards against Mr Sant related to a pre-race blood sample collected from the horse ‘Bobby Maravu NZ’ before it competed in Trial 5, at Bacchus Marsh on 14 November 2015. Racing Analytical Services Limited (RASL) reported that analysis of the blood sample revealed the sample to contain the prohibited substances heptaminol, phenylbutazone and its metabolite oxyphenbutazone. The Australian Racing Forensic Laboratory (ARFL) in New South Wales reported confirmation of these findings in the reserve portion of the relevant blood sample.
Mr Sant pleaded not guilty to the charge under AHRR 190(1), though did not contest the evidence of the laboratory, veterinary or stewarding officials, instead submitting that the relevant trial was not a race in accordance with the AHRR. Mr Sant pleaded guilty to the charge issued under ARHR 239A. After hearing submissions from Mr Sant and the HRV Stewards, Mr Sant was found guilty of the charge issued under AHRR 190(1).
In deciding an appropriate penalty for the offences, the HRV RAD Board considered the nature of the substances involved, other previous cases involving the substances in Victoria, Mr Sant’s co-operation throughout the investigation and Mr Sant’s clean record throughout his eight year training career. In considering all of these matters, the HRV RAD Board imposed an aggregate fine for the 2 offences of $5000, with $3000 of the fine fully suspended for a period of 24 months. Mr Sant was therefore fined $2,000 in total with a further $3,000 to be imposed should he breach a relevant rule within the next 2 years. Bobby Maravu NZ was disqualified from the relevant trial.
The HRV RAD Board also noted the definition of the word “Race” within the AHRR.
Race: means a race or official trial or official time trial or event in which harness horses race or participate.
The Racing Appeals & Disciplinary Board (RADB) is established under section 50B of the Racing Act (1958). The RADB is an independent Board established to hear and determine appeals in relation to decisions made under the rules to impose penalties on persons and to hear and determine charges made against persons for serious offences.