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Harness Racing SA Ltd Stewards conducted an inquiry on 03/04/14 into a report received from Racing Analytical Services Ltd (RASL) in relation to a urine sample provided by driver Luke Alcorn at Betezy Park Globe Derby on 28/02/14 in order to obtain a clearance after having been stood down from driving on 23/12/13 for failing to provide a urine sample when so directed by Stewards.   This sample was found upon analysis to contain the banned substance d-methamphetamine. Evidence was heard from Mr Alcorn, RASL Laboratory Director David Batty and HRSA Ltd Swabbing Assistant John O’Grady. After considering the evidence tendered, Mr Alcorn was charged under Rule 250 (1)(a) on the grounds that as a licensed driver, a urine sample taken from him on 28/02/14 was found upon analysis to contain a substance banned by Rule 251 – namely d-methamphetamine at a concentration above the applicable cut-off. Mr Alcorn pleaded not guilty to the charge, however after hearing further evidence, he was found guilty as charged. After considering submissions as to penalty, Mr Alcorn was subsequently disqualified for 2 years effective at the completion of the 18 months disqualification being currently served by him for two separate earlier offences. In settling on penalty, the Panel took into consideration: Mr Alcorn’s not guilty plea; The serious nature of the breach; Mr Alcorn’s record in that this was his third offence  relating to banned substances/drugs of abuse; A recent penalty imposed upon another licensed driver for a similar offence; The need to provide a deterrent – both general and specific; The need to maintain public confidence in the integrity of the industry. Stewards further ordered under the provisions of Rule 15 (1)(ad) that Mr Alcorn pay HRSA Ltd for the costs incurred in relation to the analysis of this sample and also an earlier sample provided by Mr Alcorn at the SAHRC’s meeting on 04/01/14 for the purpose of obtaining a clearance. Initial analysis of this earlier sample detected the presence of the banned substance 7 – aminonitrazepam, however given the rules that were in place at the time that the sample was provided, the Panel were of the opinion that Mr Alcorn had no charge to answer as he was not carrying out or purporting to carry out a licensed activity at this meeting. Steve Mulcay Chairman of Stewards Harness Racing SA

Harness Racing New South Wales (HRNSW) today suspended the licenses of trainers Mr Michael Hardy and Mr Rhys Nicolson acting under the provisions of Australian Harness Racing Rule 183. HRNSW took these measures to protect the integrity of the industry following analytical results received from the Australian Government National Measurement Institute that cobalt was detected above the threshold in samples taken from the following horses and respective harness meetings; COOGEE COOGEE (M Hardy) following its win in race 7, the Uranquinty Hotel Ladyship Pace (1,755 metres) conducted at Wagga on 24January 2014 THE BIG MARN (R Nicholson) following its win in race 11, the Flying K Final (1000 metres) conducted at Menangle on 21 January 2014. MAJOR DENIAL (R Nicholson)  following its win in race 1, the Tattersalls Hotel Pace (1710 metres) conducted at Goulburn on 27 January 2014 The “B” samples and associated control samples will now be sent to another approved laboratory for confirmation. Background: In September 2013, HRNSW issued a notice to industry about the use of Cobalt within the industry and that the misuse of that substance was in breach of the Rules. HRNSW then engaged approved laboratories to undertake the required analysis and research to enable a threshold to be introduced.  On 16 December 2013 HRNSW introduced a threshold for the substance Cobalt through the introduction of Local Rule 188A (2) which reads: NSWLR 188A(2) - In addition to AHRR 188A(2) the following substance when present at or above the levels set is deemed a prohibited substance under AHRR 188A(1) (a) & or (b) & or (c): Cobalt at a level of 200 micrograms per litre in urine. As at the date on which NSWLR188A(2) takes effect all urine samples taken from a horse prior to that date which have not been adjudicated upon by the Controlling Body shall be dealt with subject to this Rule. Harness Racing New South Wales

Stewards today concluded an inquiry into reports from the Australian Racing Forensic Laboratory (ARFL) that the following horses all trained by Mr Mitch Butterfield had upon anaylsis revealed prohibited substances. Mr Butterfield  pleaded guilty to three (3) charges pursuant to Rule 190 (1),(2) & (4) in that as the registered trainer of BRICK TOP and MISS FANTASTIC he did present those horses to race on the dates below not free of a prohibited substance: Charge 1: That a urine sample taken from MISS FANTASTIC following its win in race 7, the Lews Hope Pace (2125 metres) at Penrith on 28 November 2013, upon analysis had revealed the prohibited substance testosterone above the prescribed threshold for fillies and mares  of 55 micrograms per litre. The “B” sample was confirmed by the Racing Analytical Services Limited (RASL) in Victoria. Charge 2: That a urine sample taken from BRICK TOP following its win in race 3, the Coopers Pace (2550 metres) at Newcastle on 5 December 2013, upon analysis had revealed the prohibited substance testosterone above the prescribed threshold  for geldings of 20 micrograms per litre. The “B” sample was confirmed by the RASL in Victoria. Charge 3: That a blood sample taken from BRICK TOP prior to it running in race 4, the James Squire Pace (1609 metres) at Newcastle on 11 January 2014, upon analysis revealed a total plasma cardon dioxide level in excess of the prescribed threshold of 36mmol per litre. In assessing penalty, Stewards were mindful that Mr Butterfield has only been licensed for just over 4 years, and that he had a previous offence. The Stewards also considered that all of these substances were classified as class 2, under the HRNSW penalty guidelines. Mr Butterfield was disqualified for 5 years on both charges 1 and 2. The Stewards ordered that these penalties be served concurrently. In relation to charge 3, the Stewards ordered that Mr Butterfield be disqualified for 10 years, and that this period be served cumulatively to the period of disqualification imposed for charges 1 and 2. In total Mr Butterfield is disqualified for 15 years back dated to 14 January 2014 that date in which HRNSW stood him down. Acting under the provisions of Rule 195, MISS FANTISTIC was disqualified as the winner of race 7, the Lews Hope Pace (2125 metres) at Penrith on 28 November 2013 and amended the placings to below:             1st                    ONLY ONE SLIM                                                      2nd                    ANDIAMO EL FERRARI NZ             3rd                    MYSLENDI BAY             4th                    THEARTOFATTITUDE Acting under the provisions of Rule 195, BRICK TOP was disqualified as the winner of race 3, the Coopers Pace (2550 metres) at Newcastle on 5 December 2013 and amended the placings to below:             1st                    STEVIE HARLYN                                                      2nd                    ANGEL DELIGHT NZ             3rd                    ROLLON GIDGET             4th                    KID TYCOON Acting under the provisions of Rule 195, BRICK TOP was disqualified from second place of race 4, the James Squire Pace (1609 metres) at Newcastle on 11 January 2014 and amended the placings to below:             1st                    MAJOR BONUS                                2nd                    APOLLO DRIVE             3rd                    LEVEL TWO             4th                    STEVIE HARLYN Further acting under NSW Local Rule 256A, the Stewards ordered that Mr Butterfield pay to HRNSW $3000 for costs incurred as a result of the analytical testing. Harness Racing New South Wales

Stewards today concluded an inquiry into a report from the Australian Racing Forensic Laboratory (ARFL) that the presence of the prohibited substance procaine was detected in a post race urine sample taken from APACHE following its win in race 3, the D&M Concrete Competitive Stakes conducted at Penrith on Thursday, 3 October 2013. At an inquiry on 15 January 2014, Mr Tanti was issued with a charge pursuant to Rule 190 (1), (2) & (4) in that as the registered trainer of APACHE he did present that horse to race not free of a prohibited substance. After being charge Mr Tanti sought and was granted an adjournment to seek legal advice. Mr Tanti was today found guilty of the charge issued against that as the registered trainer he did present APACHE to Penrith on 3 October 2013 not free of a prohibited substance. Mr Tanti was disqualified for a period of 12 months effective immediately. When considering the matter of penalty, Stewards were mindful of the following; Mr Tanti’s previous offence under a similar rule in 1999;His 40 years registered within the harness industry;The nature of the substance;Personal and subjective factors. Acting under the provisions of Rule 195, APACHE was disqualified as the winner of in race 3, the D&M Concrete Competitive Stakes conducted at Penrith on Thursday, 3 October 2013, and the placings amended to;             1st        MYSLENDI BAY                                                                                         2nd       PRESIDENTIAL HOLME               3rd        LIFEISWHATHAPPENS             4th        BELLAS LAD       Mr A BUCCA - DON BOSTON Stewards yesterday reconvened an inquiry that was commenced on 10 January 2014 into a report from the ARFL that the prohibited substance furosemide was detected in a post race sample taken from DON BOSTON following its win in race 1, the LEXUS IS 300H Pace conducted at Penrith on Thursday, 14 November 2013. At the inquiry on 10 January 2014, Mr Bucca was granted an adjournment to enable him to provide expert evidence before the inquiry. The expert evidence was required to be filed with HRNSW by close of business 31 January 2014. No evidence was tendered prior to that date. At the resumption yesterday Mr Bucca sought another adjournment to enable expert evidence to be tendered. The Stewards granted a further adjournment until Wednesday 19 February 2014. However as they were not completely satisfied Mr Bucca had taken appropriate steps to comply with a timetable established he was stood down from training and driving any horse in a race or trial under Rule 183 (a) & (b) until the inquiry is concluded. New South Wales

Harness Racing SA Ltd Stewards conducted an inquiry on 23/01/14 into a report received from Racing Analytical Services Ltd in relation to a urine sample provided by driver Dean Girardi at the SAHRC’s meeting held 21/12/13, at which Mr Girardi drove “TUSCAN SUE” in Race 6 the “BETEZY CHRISTMAS CUP” and “LOVESTRUCK” in Race 8 the “AUSTRAL MEATS 3YO PACE”.   This sample was found upon analysis to contain the banned substances d-amphetamine and d-methamphetamine. Evidence was heard from Mr Girardi, RASL Laboratory Director David Batty and HRSA Ltd Swabbing Assistant John O’Grady. After considering the evidence tendered, Mr Girardi was charged under Rule 252 (1) on the grounds that he carried out a licensed activity at the meeting specified above, with a drug of abuse in his body. Mr Girardi pleaded not guilty to the charge, however after hearing further evidence, he was found guilty as charged. After considering submissions as to penalty, Mr Girardi was subsequently disqualified for 2 years effective immediately. In settling on penalty, the Panel took into consideration: Mr Girardi’s not guilty plea; The serious nature of the breach; Mr Girardi’s record in that this was his third offence under this rule; The need to provide a deterrent – both general and specific; The need to maintain public confidence in the integrity of the industry. Mr Girardi has subsequently lodged an Appeal against the decision and been granted a stay of penalty. Stephen Mulcay Chairman of Stewards Harness Racing SA

Harness Racing SA Ltd Stewards conducted an inquiry on 23/01/14 into two reports received from Racing Analytical Services Ltd in relation to urine samples provided by driver Ken Rogers at the SAHRC’s meetings held 04/01/14 and 11/01/14 respectively. Sample WSSA 39256, which was provided on 04/01/14, was found upon analysis to contain the banned substances d-amphetamine, d-methamphetamine and 11-nor-delta-9-tetrahydrocannabinol-9-carboxylic acid (cannabis).   Sample 41943, which was provided on 11/01/14 for a clearance for Mr Rogers to resume driving, was found upon analysis to contain the banned substance 11-nor-delta-9-tetrahydrocannabinol-9-carboxylic acid (cannabis). Mr Rogers pleaded guilty to the following charges: Under Rule 252 (1) on the grounds that he purported to carry on a licensed activity at the SAHRC’s meeting held at Betezy Park Globe Derby on 04/01/14 by presenting to drive with a drug of abuse in his body. Under Rule 250 (1)(a)(adopted 08/01/14) on the grounds that a urine sample taken from him at the SAHRC’s meeting held at Betezy Park Globe Derby on 11/01/14 was found upon analysis to contain the banned substance cannabis. After considering submissions as to penalty, Mr Rogers’ driver’s licence was suspended for 9 months on each charge, however the Panel ordered that the penalties be served concurrently with the commencement date backdated to 04/01/14 when Mr Rogers was stood down from driving pending the provision of a urine sample which was found upon analysis to not contain any banned substance. In settling on penalty, the Panel took into consideration: Mr Rogers’ guilty pleas; The serious nature of the breaches; Mr Rogers’ clear record; The need to provide a deterrent – both general and specific; The need to maintain public confidence in the integrity of the industry. Stewards further ordered that: Mr Rogers undergo rehabilitation in relation to drug use. He provides Harness Racing SA Ltd with documentation from a qualified Counsellor that he has successfully completed rehabilitation. He provides Harness Racing SA Ltd with clear samples when requested. Stephen Mulcay Chairman of Stewards Harness Racing SA  

Harness racing stewards today opened an inquiry into a report from the Australian Racing Forensic Laboratory (ARFL) that the presence of the prohibited substance procaine was detected in a post race urine sample taken from APACHE following its win in race 3, the D&M Concrete Competitive Stakes conducted at Penrith on Thursday, 3 October 2013. Mr Tanti was issued with a charge pursuant to Rule 190 (1), (2) & (4) in that as the registered trainer of APACHE he did present that horse to race not free of a prohibited substance. After being charge Mr Tanti sought and was granted an adjournment to seek legal advice. The inquiry will reconvene  at 10am Thursday, 6 February 2014. Harness Racing New South Wales Procaine Procaine, a regional anesthetic, commonly referred to by its trademark Novocain, used in dentistry and surgery. Procaine hydrochloride, as this alkaloid ( "see "Alkaloids) is properly called, was first synthesized in 1905. It quickly replaced cocaine, because it is easier to synthesize and sterilize, has a shorter duration of action, is nonaddictive, and is four to six times less toxic. Procaine, like other local anesthetics such as tetracain, acts as a nerve block, halting the generation and conduction of nerve impulses that signal pain. In dentistry it permits painless tooth extraction. In minor surgery it was commonly used together with a vasoconstrictor drug that restricts blood flow. It is also used in obstetrics and sometimes for relief of pain in the lower back. Procaine has now been replaced in large part by other anesthetics such as lidocaine. Some individuals are hypersensitive to procaine and develop hives when the drug is injected beneath the skin. Procaine`s chemical formula is C13H 20O2N2HCl.  

Harness Racing NSW today conducted the following inquiries; Mr C MERCIECA - LITTLE GOZZO Stewards today conducted an inquiry into a report from the Australian Racing Forensic Laboratory (ARFL) that the presence of the prohibited substance hydrocortisone hemisuccinate was detected in a post race urine sample taken from LITTLE GOZZO following its win in race 5, the Horsepower Pace conducted at Maitland on Sunday, 10 November 2013. Trainer Mr Charles Mercieca pleaded guilty to a charge pursuant to Rule 196A (1)(i) in that as the trainer of LITTLE GOZZO he did administer that horse the product Solu-Cortef on the night prior to the race, which resulted in the prohibited substance hydrocortisone hemisuccinate being detected in the post race urine sample taken at Maitland on Sunday 10 November 2013. Further Mr Mercieca pleaded guilty to a charge pursuant to Rule 190 (1),(2) & (4) in that as the trainer of LITTLE GOZZO he did present that horse to race at Maitland on Sunday 10 November 2013 not free of a prohibited substance. Acting under the provisions of Rule 195 LITTLE GOZZO was disqualified as the winner of race 5, the Horsepower Pace conducted at Maitland on Sunday, 10 November 2013. Mr Mercieca was disqualified for 10 months effective immediately. In considering penalty Stewards took into the following factors; Mr Mercieca previous unblemished recordThat he did administer a prohibited substance to LITTLE GOZZO within 24 hours of the race The nature of the substanceThe hardship effects of the penalty Mr A BUCCA - DON BOSTON Stewards today opened an inquiry into a report from the Australian Racing Forensic Laboratory (ARFL) that the presence of the prohibited substance furosemide was detected in a post race urine sample taken from DON BOSTON following its win in race 1, the LEXUS IS 300H Pace conducted at Penrith on Thursday, 14 November 2013. Trainer Mr Anthony Bucca was granted an adjournment until 10am, Wednesday 5 February 2014, to seek expert advice and evidence. Harness Racing NSW    

Racing Queensland stewards today inquired into the circumstances surrounding the analysts’ findings in respect to a harness racing pre-race blood sample taken from AVIATORS DREAM prior to it competing in race 8 at Redcliffe on the 11th December 2013. The Queensland Government Racing Science Centre reported a level of Total Carbon Dioxide(TC02) in the blood sample in excess of the threshold as prescribed by the Australian Harness Rules of Racing. Evidence was provided by the trainer Mr. Gary Gerrard, who explained the circumstances and possible explanation for the elevated reading. After consideration, Mr. Gary Gerrard was charged pursuant to rule 190(1) which reads: A horse shall be presented for a race free of prohibited substances The particulars of the charge being that trainer Mr. Gary Gerrard did present AVIATORS DREAM for racing at Redcliffe on the 11th of December 2013, when a pre-race blood sample taken from this horse was found upon analysis to contain a prohibited substance, namely TC02  above the prescribed threshold. Mr. Gary Gerrard pleaded guilty to the charge. When assessing the matter of penalty, stewards took into account: The nature of the substance concerned The circumstances of the case Mr. Gerrards’ unblemished record under this rule over a 30 year period The need for a penalty to serve as a deterrent to illustrate that drug free racing is of paramount importance to the integrity of Harness Racing. Mr. Gary Gerrard was disqualified for 6 months. Stewards directed under Rule 195 that AVIATORS DREAM be disqualified from its 5th placing at Redcliffe on the 11th of December 2013 and that all other placing’s be amended accordingly. Mr. Gary Gerrard was advised of his rights of appeal. 31 December 2013 Panel: D. Farquharson, P. Gillard, S. Watson Racing Queensland

Life had "turned to muck" for a retired dairy farmer who became the financier for a major methamphetamine ring, a judge was told before he jailed the man for three years and 10 months. John Douglas McKenzie, 65, of Ohoka in rural North Canterbury, expected a very handsome return for the $180,000 he "invested" in the Christchurch meth conspiracy that the police busted with their Operation Granite investigation. He would have got a return of $144,000 when the investment fell due. Instead he has forfeited $180,000 cash to the Crown, and he was jailed at his sentencing by Justice Christian Whata in the High Court at Christchurch today, more than a year after the trial. Defence counsel Jonathan Eaton, QC, said the offending had arisen from naivety coupled with greed, but it was unfair for the judge to see a financier as equally culpable as the principal drug offenders. "When the case began three-and-a-half years ago he would have envisaged quietly living out his life on the farm, and everything's been turned to muck," he said. McKenzie continues to deny his guilt, despite the jury finding him guilty on a charge of conspiracy to manufacture methamphetamine. "He never intended nor understood that he was getting involved in the level of operation that has ultimately been proved to be the case," Eaton said. He pointed out that McKenzie had drawn up a written loan agreement with the drug-ring kingpin, 32-year-old Matthew Allen Newton, and had the document witnessed. The agreement was found by police in a search of his property along with a note from Newton about part repayment. Crown prosecutor Barnaby Hawes said that the terminology of the note, the size of the loan, and the expected 80 per cent return on his finance indicated McKenzie was aware of the scale of the enterprise. Justice Whata said he regarded McKenzie's involvement as "opportunistic and motivated by greed". He had expected a very significant return on his investment. "The jury found that there was a proper basis for finding that you knew Newton was involved in the commercial-level manufacture of methamphetamine and that you knew that your loan would assist him in that enterprise," he said. But he was not satisfied that McKenzie was aware the scale of the operation, or that the investment return would be derived solely from the operation. Newton had been the CEO of a complex enterprise and he had skilfully isolated members from each other "so that no other member had a complete picture of its scale". He told McKenzie that without financiers, methamphetamine production could not occur. Justice Whata reduced McKenzie's jail sentence because of his unblemished record, his contribution to the community, his emotional condition, and his age which would cause him difficulties in serving a prison term. McKenzie was described as a retired dairy farmer who had a passion for horse and harness racing, and had contributed to the local community and school. He has no previous convictions. He is the last of the Operation Granite meth conspirators to be sentenced, after his sentencing was delayed by a series of appeals. The longest jail term for the conspirators was the nine years and seven months imposed on Newton. Courtesy of the Christchurch Press

The New York Supreme Court ruled Thursday in favor of trainer Lou Pena and in the process rejected the various arguments made by the NYS Gaming Commission in their appeal of an October 2 decision where the Supreme Court ordered the state to dismiss all Pena charges. Pena attorney Andrew Turro explained the decision in that the court “determined that the Gaming Commission is not entitled to take any action with respect to all charges that previously had been dismissed on Constitutional grounds.”  Turro continued to say, “We believe the Court’s determination is correct and consistent with the law and we are gratified that Lou Pena can continue to train horses and pursue his livelihood.” In the latest – and perhaps final – of all rulings that have favored Pena, this one specifically took into consideration the findings of the state appointed Hearing Officer from a three-day administrative hearing from August 2012. Speaking to a grateful and relieved Pena, the trainer said “I now just want to be reinstated (everywhere) and be like a normal person I was before.  I want to get back to work and it hasn’t been easy with a cloud hanging over my head everywhere I go.” This has been a long road for Pena since his abrupt suspension in May 2012.  Says Pena, “I hope this is now over; I just want this whole fight to be over with because I’m still not even sure how I got into this position.  Someone decided to run with whatever they chose to convict me of.  There’s obviously animosity and the state has their right to investigate and request information from me – that’s their standing – but if I comply with the rules and have done everything asked then I think I should be handed back the baton and say go ahead, run.” Since Pena’s initial reinstatement this past February he has been racing primarily at the Pennsylvania tracks of Mohegan Sun Pocono and Harrah’s Philadelphia.  However, both of those tracks will shortly be closing for the winter which presents a potential issue for Pena.  “Obviously I still don’t have many blessings to go to many racetracks but I will apply out and hopefully go somewhere and race,” said Pena. While Pena has had recent starters racing in New York at Saratoga, Yonkers still remains an unknown.  “I really hope I can now get back at Yonkers because I loved racing there; Yonkers was always a good track to me,” said Pena. “I couldn’t race at the other New York tracks (Tioga, Vernon) due to a conflict with the owner (Jeff Gural).  It’s his track and property and he can do what he wants, but here’s the thing:  I never broke any rules.  I’ve never been to his track and broke a rule because I’ve never even been allowed.  I actually tried to meet with him once and ironically enough I got suspended the very day that he gave me an appointment to go see him in person in his New York City office.” When asked if he would still be willing to meet with Gural, Pena replied “Absolutely I would meet with him, absolutely.  I would have nothing but pleasure to at least meet him in person and introduce myself to him.” Pena concluded by saying that, “I hope today’s ruling opens doors for me in the near future and that I’m not perceived as a criminal or a bad guy.  I haven’t had any problems or issues with recklessness and have done everything asked of me when defending myself against these allegations.  It’s time for everyone to move on and I can get back to work.” By, Brett Sturman Courtesy of  RACING BEARD

Australian Crime Commission and Victorian Racing Integrity Commissioner to work together on integrity issues The Australian Crime Commission and the Victorian Racing Integrity Commissioner have signed a Memorandum of Understanding which establishes an unprecedented platform for cooperation and information sharing. The agreement is the first of its kind with a State or Territory racing integrity body and is a major step towards meeting the risks of crime and corruption with a united response. Acting Australian Crime Commission Chief Executive Officer Paul Jevtovic and Racing Integrity Commissioner Sal Perna met in the Australian Crime Commission’s Melbourne office to sign the agreement today. Mr Jevtovic said the partnership resulted from an approach by the Racing Integrity Commissioner to the Crime Commission earlier this year. “This pioneering agreement enables us to work cooperatively on matters of mutual interest including the disruption and prevention of organised crime in the racing industry,” Mr Jevtovic said. This agreement is reflective of the Crime Commission’s responsibilities under the Australian Crime Commission Act 2002 and allows the racing industry and law enforcement to come together to address issues of criminality in the racing industry. Mr Perna said the agreement recognises the importance of industry bodies and law enforcement working together to enhance public confidence in Victorian racing. “The MOU with the Crime Commission is a significant step in sharing information between racing and law enforcement. I welcome the formalisation of what is already an excellent working relationship with the Commission” Mr Perna said. The Australian Crime Commission is developing further agreements of this type with various state bodies, among them the Office of the Director of Racing Tasmania, and Racing and Wagering Western Australia. “The signing of this agreement reinforces the need for the Commission and regulatory agencies within the States and Territories to work together on those areas where serious and organised crime has the potential to intersect with the Australian public,” Mr Jevtovic said. Media enquiries ACC Media team Phone: 02 6243 6843 Mobile: 0409 603 637 Office of the Racing Integrity Commissioner Phone: 03 8684 7776 enquiries@racingintegrity.vic.gov.au www.racingintegrity.vic.gov.au Level 26, 121 Exhibition Street Melbourne Victoria 3000 T: 03 8684 7776 F: 03 8684 7778 Integrity Hotline Phone (anonymous) 1300 227 225 Integrity Hotline Fax (anonymous) 03 9882 4480 E: enquires@racingintegrity.vic.gov.au www.racingintegrity.vic.gov.au  

Most recently it was discovered that on Tuesday, October 1, 2013, the State of New York Supreme Court in the County of Schenectady has rendered its decision in the case of Lou Pena and the State of New York. The decision was to direct the State of New York to dismiss all charges against him. Pena, who has had limited racing opportunities the last two years, currently shows 2,836 career training victories and earnings of $23,408,104 from the horses his has trained. He was currently training and racing his horses primarily at Mohegan Sun at Pocono Downs in Pennsylvania. So far in 2013 he has sent out 228 starters with 49 wins, a UDR rating of .341 and earnings of $504,230. No word yet if Pena will be able to return to racing at Yonkers Raceway or the Meadowlands when it reopens in November. The Supreme Court Justice, Honorable Vincent J. Reilly, Jr.’s letter of decision is posted below in a pdf format. Click here to read - Pena decision_10-1-13.PDF By Steve Wolf for Harnesslink.com  

Columbus, OH --- The Executive Committee of the United States Trotting Association unanimously voted to reject The Association of Racing Commissioners International proposed model medication rules last Wednesday (Sept. 25). In a letter to RCI President and CEO Ed Martin, USTA President Phil Langley explained the reasons behind the USTA's decision. So that our members and the industry might further understand and be aware of the USTA’s stance regarding uniform medication rules, that letter may be read by clicking on this link. USTA Communications Department

Trainers who innocently take a panadol on race night risk contaminating their horses and getting a positive swab under the racing industry's controversial super senstitive drug testing regime. That warning came after a judicial hearing in Auckland yesterday when it was revealed how Waikato pacer Precious Mach almost certainly came to test positive to the human pain medication Tramadol. Cambridge trainer Nicky Chilcott told how she was flabbergasted when told her pacer, after testing clear in New Zealand, was found on restesting in Hong Kong to be positive to her own back pain pills. The horse had not been treated for any injury before she won a race at Auckland on April 27, 2012, no equine preparation contained Tramadol, and her pills, kept only at her home and in her driving bag, had never been near the stable. But evidence was given that an infinitesmal amount of the drug most likely entered the horse's system when Chilcott put her hands in the horse's mouth to fix her tongue tie immediately before the race. And in supporting evidence from Kentucky authority Professor Thomas Tobin, it was revealed that contamination from human medication was an emerging problem worldwide - because of new, sophisticated testing - with most of the cases traced back to tongue ties. ''Never in a million years would you think you could do that,'' Chilcott said afterwards, relieved when told by Judicial Control Authority (JCA) committee chairman Geoff Hall that she faced only a fine, not a suspension or disqualification as had been sought by the Racing Integrity Unit (RIU). ''People must take open pills all the time at the races and this highlights how careful you have to be. I'm over the top now. I wash my hands every time after taking my pills.'' Chilcott told how she suffered from chronic back pain, couldn't get out of bed in the mornings without taking Tramadol, and 99 times out of 100 took some on racenight. The only logical explanation for the contamination on April 27 was that she inadvertently got some of the pills' contents on her hands from a damaged blister pack of  pills. ''I'm just so thankful that I took some of them back to the chemist or they'd have thought I was making up the story,'' Chilcott said. An affidavit from Duke St Chemist pharmacist Grant Clayton confirmed Chilcott returned a packet of damaged Tramadol capsules some time near the end of April. The foil was open and the contents of the decaying capsules exposed with the gelatin casing damaged either by water or heat. Chilcott's counsel Murray Branch told Hall and fellow JCA member Murray McKechnie that rather than the high degree of negligence argued by RIU lawyer Chris Lange, this was an outcome which could not reasonably have been anticipated. ''No one could ever have suspected that a drug used in humans could be transferred to a horse in this way. The New Zealand lab couldn't even pick it up. It was the minutest of traces,'' Branch said. Tobin's evidence said the 100 picograms per millilitre of the metabolite O-desmethyltramadol detected in Hong Kong was equivalent to one second in your life if you were 320 years old. One picogram is one part per trillion. ''To my knowledge it is the lowest concentration of O-desmethyltramadol ever reported in a horse. There is no possibility whatsoever of a pharmacological effect on the racing performance [of the horse].'' It was also 500 times less than the now well established 50 ng/ml cut-off point set by the British Horseracing Authority for morphine metabolites in urine. Tobin said, in another illustration of how tiny the amount detected was, airline pilots could legally fly with a cocaine concentration 1000 times higher than the Tramadol found in Hong Kong's exceptionally sensitive analysis. Tramadol was poorly absorbed orally in the horse (3 per cent) and experiments he and his colleagues at Michigan State University undertook showed no statistically significant changes at increasing doses. Harness Racing New Zealand veterinary consultant Andrew Grierson said while few studies had been done on Tramadol and it was not his field of expertise, he did not agree with some of Tobin's statements. It was impossible to tell from one urine sample, how much of the drug had been given to a horse. ''There is good evidence showing certain opioids of this group can have an excitement effect on horses at extremely low doses,'' he said. ''In my opinion it cannot be inferred that when a very low level is detected, it is not likely to have an effect.'' Chilcott pleaded guilty to breaching the prohibited substance rule after the RIU dropped the more serious charge of administration, Branch critical of that charge having being laid in the first place. ''There is not one scrap of evidence to support it,'' Branch said. Hall said he would quantify Chilcott's fine after submissions on costs at the end of next week. Courtesy of Barry  Lichter - © Fairfax NZ News  

Harness Racing NSW has been advised by the Australian Racing Forensic Laboratory (ARFL) that the prohibited substance capsaicin has been detected in the post race urine samples taken from • ONETHINGFORCERTAIN after it raced and won Race 2, the C91.3FM Pace (1,609 metres) at TABCORP Park Menangle on Tuesday 18 June 2013 and Race 6 the Mach Beauty Pace (1,609 metres) at TABCORP Park Menangle on Saturday 6 July 2013. • FRANKIE VALLEY after it raced and won Race 6 the Paceway Sky Lounge Two Year Pace (1,720 metres) at Penrith on 18 July 2013. The findings in relation to ONETHINGFORCERTAIN have been confirmed by the Racing Analytical Services Laboratory (RASL) in Melbourne. Confirmation analysis has not been conducted on the FRANKIE VALLEY sample at this stage. An inquiry into these findings will be conducted on Thursday 29 August 2013 at 2pm at the offices of Harness Racing NSW - 22 Meredith Street Bankstown. In light of evidence forthcoming from a stable inspection conducted by Harness Racing NSW Officials on Wednesday 31 July 2013, Mr Munday pursuant to AHRR 183 (a) (b) and (c) will not be permitted to enter horses owned or trained by him in any race. Further, Mr Munday will not be permitted to drive in any race or trial. These embargoes will remain until the completion of the inquiry or otherwise directed by the Stewards. Harness Racing New South Wales

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