On 20 and 21 February 2017, the Victorian Civil and Administrative Tribunal (VCAT) heard the application for review of Mr Joe Bajada in regard to the decision of the HRV Racing Appeals and Disciplinary (RAD) Board of 14 September 2016 to impose various penalties upon Mr Bajada regarding breaches of the Australian Harness Racing Rules (AHRR). The details of the HRV RAD Board hearing of 14 September 2016 can be viewed here. Mr Bajada entered a plea of not guilty to all charges at the RAD Board hearing and maintained that plea at the VCAT review hearing. Background The rule breaches related to an inspection of the registered stable of Mr Bajada by HRV Stewards on 29 April 2016. The inspection revealed Mr Bajada to be in direct possession of stomach tubing equipment in proximity to the horse Major Calipso which was engaged to race at Tabcorp Park Melton later that day. A series of blood samples were taken from Major Calipso and another horse on the property, namely Arts Professor, throughout the evening of 29 April 2016. The observations of the Stewards during the stable inspection along with the results of the blood samples provided the basis for a charge issued against Mr Bajada under AHRR 193(1) (Charge 1), which states: A person shall not attempt to stomach tube or stomach tube a horse nominated for a race or event within 48 hours of the commencement of the race or event. Mr Bajada was also issued with a charge under AHRR 190B (Charge 3) which states: A trainer shall at all times keep and maintain a log book The particulars of that charge detailed that Mr Bajada’s log book failed to record sufficient information as required by the provisions of this rule. A further charge was issued under AHRR 90A(2.9) (Charge 4), that states: The holder of a trainer’s licence shall ensure that all persons carrying out the duties of a stable hand are licensed as stable hands. This charge related to the presence of Mr Raymond Apap at the stables of Mr Bajada, assisting in the washing, grooming and preparation of Major Calipso. An alternate charge (Charge 2) was withdrawn by HRV Stewards pending Charge 1 being proven. The penalties imposed by the HRV RAD Board on 14 September 2016 were as follows: Charge 1 - AHRR 193(1) – 12 month disqualification Charge 3 - AHRR 190B - $250 fine Charge 4 - AHRR 90A(2.9) - $200 fine VCAT Hearing On 14 September 2016, Mr Bajada applied to the VCAT for a review of the decision of the RAD Board of that day and was granted a stay of all the penalties imposed. At the VCAT Hearing on 20 and 21 February 2017, the presiding member Vice President Judge Harbison heard evidence from HRV Senior Steward Kylie Harrison, Veterinary Consultant Dr Richard Cust, RASL Scientific Manager Paul Zahra, Mr Bajada himself, Mr Raymond Apap and Dr Andrew Clarke. After considering the evidence presented Her Honour found Mr Bajada guilty of all relevant charges. Submissions in relation to penalty included the seriousness of the offence; the effect of such offences on the integrity of the harness racing industry; Mr Bajada’s personal circumstances; and his involvement in the industry since the date of the offence. Upon consideration of these submissions Her Honour ordered that the decision of the HRV RAD Board of 14 September 2016 be set aside and imposed penalties as follows: Charge 1 - AHRR 193(1) – 12 month disqualification, to commence at 1 January 2017. Charge 2 – Lapses on conviction of Charge 1 Charge 3 - AHRR 190B - $100 fine Charge 4 - AHRR 90A(2.9) - $100 fine
Stewards’ Report – Harness Racing Trainer – Ashlee Neilson Date – 15 February 2017 Panel – N. Torpey; P. Zimmermann & J. Hackett Queensland Racing Integrity Commission Stewards today conducted an inquiry into the analysts finding regarding the Total Carbon Dioxide concentration found in the pre-race blood sample taken from Mach Cullen (NZ) prior to the horse competing in Race 5 at Albion Park on 18 October 2016. Mach Cullen (NZ) was trained for this event by Ms Ashlee Neilson. After taking evidence from Ms Neilson and Dr K. Caldwell as the Manager, Veterinary Services at the Racing Science Centre, Stewards charged Ashlee Neilson with the contravention of Australian Harness Racing Rule (AHRR) 196A which reads: “A person shall not administer or cause to be administered to a horse any prohibited substance For the purpose of affecting the performance or behaviour of a horse in a race or of preventing its starting in a race or Which is detected in any sample taken from such horse prior to or following the running of a race.” Ms Neilson pleaded guilty to the charge. In determining an appropriate penalty, amongst other things, Stewards considered the following: Ms Neilson’s personal and financial situation; The particular circumstances of the case; The guilty plea entered; 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; After considering penalties applied in recent comparable matters Stewards disqualified Ashlee Neilson for a period of 6 months effective immediately. Acting under the provisions of AHRR. 195 Mach Cullen NZ was disqualified from Race 5 at Albion Park on 18 October 2016 and the placings amended accordingly. Ms Neilson was advised of her rights of an Internal Review
Stewards’ Report – Harness Racing Trainer – Rachel Scott Date – 15 February 2017 Panel – N. Torpey; P. Zimmermann & J. Hackett Queensland Racing Integrity Commission Stewards today conducted an inquiry into the analysts finding regarding the elevated Total Carbon Dioxide concentration levels found in the pre-race blood samples taken from Major Command prior to the horse competing in Race 2 at Albion Park on 19 November 2016 and Race 4 at Albion Park on 22 November 2016. Major Command was trained for both events by Ms Rachel Scott. After taking evidence from Ms Scott and Dr K. Caldwell as the Manager, Veterinary Services at the Racing Science Centre, Stewards issued the following two (2) charges against Rachel Scott pursuant to Australian Harness Racing Rule (AHRR) 193(3) which reads: “A person shall not administer or allow or cause to be administered any medication to a horse on race day prior to such horse running in the race.” Specifics of the charges being: That Rachel Scott did administer or allow or cause to be administered medication, namely an alkalinising agent to Major Command on 19 November 2016 prior to it running on that day. That Rachel Scott did administer or allow or cause to be administered medication, namely an alkalinising agent to Major Command on 22 November 2016 prior to it running on that day. After carefully considering the evidence Stewards determined that both charges had been established to a reasonable satisfaction and found Ms Scott guilty on both charges. In determining the matter of guilt Stewards were of the opinion that the only creditable explanation for the elevated TCO2 levels detected in both samples was as a result of the administration of an alkalinising agent on race day. When assessing an appropriate penalty in each case Stewards acknowledged that the levels in both samples did not give rise to a positive finding. In determining an appropriate penalty, amongst other things, Stewards considered the following: Ms Scott’s personal and financial situation; The particular circumstances of each case; 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; After considering penalties applied in recent comparable matters Stewards fined Rachel Scott the sum of $4,000 on each charge. Acting under the provisions of AHRR. 195 Major Command was disqualified from Race 2 at Albion Park on 19 November 2016 and from Race 4 at Albion Park on 22 November 2016. Ms Scott was advised of her rights of an Internal Review
On 13 February 2017 the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board considered four (4) charges issued against unlicensed person Daryl Douglas under Australian Harness Racing Rules (AHRR) 187(3), 187(2), 231(1)(d) and 91(1)(a) which provides: 187(3) 187(2) A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence or information at an inquiry or investigation. 231(1) A person shall not:- (d) abuse anyone employed, engaged or participating in the harness racing industry or otherwise having a connection with it. 91(1) Subject to sub-rule (4) a person shall not carry on an activity regulated by licence – (a) if that person is not the holder of a current licence. The charges issued by HRV Stewards against Mr Douglas related to a stable inspection conducted by HRV Stewards at the registered training establishment of licensed trainer Ms Emma Stewart on 9 November 2016 and Mr Douglas’s conduct during this stable inspection. Mr Douglas pleaded not guilty to all charges. Following the hearing on 13 February 2017, Mr Douglas and the HRV Stewards were invited to provide further submissions, if required, in regards to any relevant matters. These submissions were due by 3pm Thursday 16 February 2017. No further submissions were provided by either party. The HRV RAD Board found Mr Douglas guilty of charges 1, 2 and 4 and imposed a penalty of a 12 month disqualification commencing 4pm 16 February 2017.
After the conclusion of the hearing in relation to Mr Douglas on 13 February 2017, the Board was satisfied that the elements of charges 1, 2 and 4 were made out. We declined to formally find the matter proven because we could not be satisfied that we had jurisdiction to penalize Mr Douglas, given he is a person who is no longer licensed or serving any Racing related disposition. Mr Douglas cited and relied upon the Clements RVL Appeal decision from VCAT in 2010 where that Tribunal held that as an unlicensed person, Mr Clements was not amenable to the RVL rules. That submission initially found favour with the Board. On further research two things have become apparent. 1. HRV has the benefit of ARHR 299. This rule provides: Rule 299 All persons a) Licensed under these Rules; b) Carrying on or purporting to carry on activities related to the harness racing industry c) who in some way are affected by the rules d) are deemed to have knowledge of and be bound by them and of all things done under them. And- 2. At the time of the Clements appeal RVL did not have a similar rule. Accordingly the Clements decision does not have the force the Board took it to at the hearing. Further it is clear despite the Board's uncertainty, that 299. (b) does make Mr Douglas, albeit now unlicensed, amenable to the rules (and therefore their jurisdiction to penalize) when found attending to horses at a registered Harness Racing Training facility. In those circumstances, the Board recalls it’s previous decision for reconsideration pursuant to VLR 51(1)(c). Mr Douglas and the Stewards were entitled to (but are not required to) submit in writing as to any matter they see relevant. In the absence of further submission by 3pm on Thursday 16th of February 2017, the following order of the Board will become effective at 4pm that day. Order:- The Board is comfortably satisfied that charges 1, 2 and 4 are made out against Mr Douglas. He will be disqualified from involvement in Harness Racing for the period of 12 months. Anthony Burns CHAIRMAN – HRV RAD BOARD John Denahy MEMBER – HRV RAD BOARD
The New York State Gaming Commission today announced significant, nation-leading action in addressing the presence of the alkaloid glaucine in the urine and plasma of harness racing horses, resulting in more than $100,000 in purses returned and 11 disqualifications, plus additional fines and suspension for a single trainer whose horses had particularly high levels of the substance. Glaucine, also known as Boldine Dimethyl Ether or 1,2,9,10-Tetramethoxyaporphine, is a potent drug with the potential to affect race performance by means of its anti-inflammatory, antitussive, bronchodilatory and hallucinogenic properties. Glaucine has not been approved as a drug for any use by the U.S. Food and Drug Administration. The Association of Racing Commissioners International (ARCI) does not include glaucine in its Uniform Classification Guidelines for Foreign Substances. “New York is once again leading the way when it comes to preserving integrity in horse racing,” said Commission Executive Director Robert Williams. “The Commission took deliberative action based upon solid research to hold trainers accountable for substances found in horses under their care. We call on other jurisdictions around the country to follow suit to send a clear message: we will tolerate nothing short of fair and safe horse racing.” “The New York State Gaming Commission’s action on glaucine preserves the integrity of the internationally renowned horse racing we host in New York State,” said Peter Arrigenna, a prominent New York harness horse owner and Trustee for the Agriculture and New York State Horse Breeding Development Fund (New York Sire Stakes). “Glaucine has been a hot topic in the harness racing world for the past year, and thanks to New York’s prudent action on this substance, the industry has a clear path forward in how to best handle future cases.” Over the past year, the Commission found 55 instances of horses with glaucine in their systems at levels greater than 100 pg/ml. As is standard practice, all impacted horses were immediately put on the Stewards List, which prevents a horse from entering any future races until the horse is tested and found negative for the presence of any illegal substance. Of the 55 instances found by the Commission, 11 were found to have levels higher than 500 pg/ml. For these cases, the Commission ordered that the horses be disqualified from the applicable races and any purses won by the owners of those horses be returned, totaling $103,530. Trainer Richard Johnson twice raced the horse “Rubber Duck” at Yonkers Raceway with glaucine levels far greater than 1 ng/ml. In addition to the disqualification and purse return totaling $61,660, Johnson is facing a 45-day suspension and $1,500 fine. A complete list of horses that had elevated levels of glaucine may be found here. The Commission began finding elevated glaucine levels in January 2016, but reserved issuing rulings pending further investigation. Over the past year, the Commission and the New York Drug Testing and Research Laboratory have collaborated with other jurisdictions and national racing organizations to conduct research on glaucine, which may be naturally found in wood shavings used to line horses’ stalls. New research conducted by New York and Pennsylvania officials substantiate that glaucine levels of 500 pg/ml or greater in a horse on raceday indicate that the horse was introduced to a potentially efficacious dose of the substance on race day. Therefore, the Commission’s Rule 4120.2(n) applies, which states that no drugs or medications – other than those specifically exempted - may be administered by any means within one week of the scheduled post time of the race in which the horse is to compete and that it is the trainer's responsibility to prevent such ingestion within such one-week period. Most recently, the Racing Medication & Testing Consortium’s (RMTC) Glaucine Task Force and Science Advisory Committee – both of which include New York State Equine Medical Director Scott E. Palmer, VMD – recommended applying two thresholds for the presence of glaucine in a race horse. The Commission’s actions today – and going forward – are based on these standards and disqualifying a horse that violates such thresholds: > 500 pg/ml = Disqualification, loss of purse and Stewards List > 1 ng/ml = Disqualification, loss of purse, Stewards List and additional penalties, including fines and suspension The Commission will continue to place horses that test in excess of 100 pg/ml for glaucine on the Stewards List and require those horses to test below such concentration before being permitted to race again. Horses testing in excess of 500 pg/ml will incur penalties as described above. Per Equine Medical Director Dr. Palmer, environmental contamination is avoidable by the adoption of simple stable management practices: · Stalls should not be bedded with bulk wood shavings that may contain tulip poplar material on a chronic basis or during the week that a horse races. Do not administer any product or plant material, whether purchased online, compounded or otherwise, that may contain glaucine. NYS Gaming Commission
Hunter harness racing was rocked by news late on Friday that the licence of harness racing trainer-driver Josh Osborn had been suspended over alleged betting activities. Osborn, who is ninth on the NSW drivers’ premiership with 31 wins from 159 starts, was the leading Hunter reinsman this season. The grandson of legendary trainer-driver Dick Osborn was stood down by Harness Racing NSW stewards under Australian Harness Racing Rule 183, which allows the suspension of licences pending the outcome of an inquiry. “HRNSW has taken these measures after obtaining information indicating that betting accounts in the name of Mr Osborn had bets recorded on horses in races in which he participated, in contravention of Australian Harness Racing Rule (AHRR) 173,” HRNSW said in a statement. He was yet to be charged but stewards suspended his licence given, among other factors, the “extremely serious nature of such conduct and absolute nature of AHRR 173 offences”. Meanwhile, Newcastle and Menangle meetings on Saturday night had been pushed back to later times but were still going ahead as of Friday night despite predicted extreme heat. The first of 10 races at Newcastle is set down for 7.04pm and Menangle’s Chariots of Fire meeting will begin at 6.48pm. Former Keinbah-based training team Shane and Lauren Tritton have Salty Robyn and Anything For Love in the group 1 Chariots Of Fire, in which Lazarus was an odds-on favourite. By Craig Kerry Reprinted with permission of the Newcastle Herald
Harness Racing New South Wales Stewards today concluded the Inquiry into the presentation of VINNY CHASE to race at Tabcorp Park Menangle on 14 June 2016, when subsequent to it winning race 4 on that date a urine sample taken from it was found to contain the prohibited substances boldenone, nandrolone and 5 alpha – estran-3 beta, 17 alpha-diol. A further sample taken from the horse at its stables on 15 July 2016 also detected prohibited substances boldenone, nandrolone and 5 alpha – estran-3 beta, 17 alpha-diol. HRNSW Stewards convened an Inquiry into the substances being detected in the two urine samples on 28 September and 20 November 2016. Mrs McCarthy was issued with the following charges pursuant to the Australian Harness Racing Rules (AHRR) on 28 September 2016: AHRR 190. (1) A horse shall be presented for a race free of prohibited substances. (2) If a horse is presented for a race otherwise than in accordance with sub rule (1) the trainer of the horse is guilty of an offence. (4) An offence under sub rule (2) or sub rule (3) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse. AHRR 190A. (1) When a sample taken at any time from a horse being trained or cared for by a licensed person has detected in it any prohibited substance specified in sub-rule (2):- (a) The trainer and any other person who was in charge of such horse at the relevant time shall be guilty of an offence. On 20 November 2016, Mrs McCarthy, accompanied by her legal representatives Ms Valerie Heath of Counsel, Solicitor Mr Matthew Hammond and Professor Whittem, provided evidence and submissions in defence of the charges. On 15 December 2016, HRNSW found Mrs McCarthy guilty of both charges via a written decision. Submissions on the matter of penalty were invited and these were received by HRNSW on 30 January 2017. The submissions made the following points: That Mrs McCarthy was only the trainer of VINNY CHASE for some 20 clear days prior to the race in question; There is inconclusive evidence that Mrs McCarthy was responsible for the administration of the substances; That as the trainer of the horses Mrs McCarthy carries the absolute responsibility to ensure horses in her care are presented to race free of any prohibited substances; The specific nature of the substances detected; Mrs McCarthy’s clean record, the number of horses in her care, lack of motive; Supporting character references. HRNSW Stewards considered the submissions when balanced with an appropriate penalty in a disciplinary regime where the aim of this action is to ensure the integrity of the industry and for those associated with the industry to understand the consequences of their non-compliance with the Rules. The Stewards were also mindful of the following factors to determine penalty: The nature of the substance; The scientific evidence regarding the elimination of such substances; The HRNSW Penalty Guidelines; Mrs McCarthy’s licence and disciplinary record; The personal subjective factors relevant to Mrs McCarthy. Stewards have determined that Mrs McCarthy should be disqualified for a period of 12 months and fined $5000. The period of disqualification is backdated to 22 August 2016 the date upon which Mrs McCarthy was stood down pursuant to Rule 183. Acting under Rule 195 the Stewards further ordered that VINNY CHASE be disqualified as the winner of Race 4 at Tabcorp Park Menangle on 14 June 2016. Stewards further ordered that subject to Rule 190AA(4), VINNY CHASE is not permitted to start in any race before 15 July 2017 and only after the production of an Anabolic Androgenic Steroid Clearing Certificate. MICHAEL PRENTICE | INTEGRITY MANAGER (02) 9722 6600 • firstname.lastname@example.org GRAHAM LOCH | CHAIRMAN OF STEWARDS (02) 9722 6600 • email@example.com
Harness Racing New South Wales advises that it will utilise the HRNSW Retention Facility for all horses, including emergencies, entered in the Cordina Chicken Farms Chariots Of Fire to be conducted at Tabcorp Park Menangle on Saturday February 11, 2017. Horses entered in the Group 1 will be housed within the HRNSW Retention Facility and must be presented at the facility prior to midday on Thursday February 9, 2017. All trainers with horses entered for this race have been notified by HRNSW of the requirements for presentation of their respective horses. Horses will remain under the supervision of HRNSW until released to the raceday stables two hours prior to the race. MICHAEL PRENTICE | INTEGRITY MANAGER
Result of the appeals held before the Harness Racing Victoria Racing Appeals and Disciplinary Board on 8 February 2017. Nathan Jack Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Mr Jack. Appeal upheld, no restrictions remaining against Mr Jack. HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis Appellant Representative: Damian Sheales HRV Representative: Paul Czarnota Brocq Robertson Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Mr Robertson. Appeal upheld, no restrictions remaining against Mr Robertson. HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis Appellant Representative: Damian Sheales HRV Representative: Paul Czarnota Amanda Turnbull Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Ms Turnbull. Appeal upheld, no restrictions remaining against Ms Turnbull. HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis Appellant Representative: Sam Tovey HRV Representative: Paul Czarnota Lisa Bartley Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Ms Bartley. Appeal upheld, no restrictions remaining against Ms Bartley. HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis Appellant Representative: Sam Tovey HRV Representative: Paul Czarnota Mark Pitt Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Mr Pitt. Appeal upheld, no restrictions remaining against Mr Pitt. HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis Appellant Representative: Sam Tovey HRV Representative: Paul Czarnota TRANSCRIPT OF PROCEEDINGS RACING AND DISCIPLINARY BOARD ANTHONY BURNS, Chairman BRIAN COLLIS, Member EXTRACT OF PROCEEDINGS NATHAN JACK BROCQ ROBERTSON AMANDA TURNBULL LISA BARTLEY MARK PITT DECISION WEDNESDAY 8 FEBRUARY 2017 MR P CZARNOTA appeared on behalf of the HRV Stewards MR D SHEALES appeared on behalf of MR JACK AND Mr ROBERTSON MR S TOVEY appeared on behalf of MS TURNBULL MR H COCKBURN appeared on behalf of MS BARTLEY AND MR PITT .......................................................................................................................................... This investigation commenced over 18 months ago and an earlier suspension and stay application was dealt with by this Board on 14 September 2016. Four of the five applicants were recently charged with criminal offences pursuant to the betting outcome provisions of the Crimes Act. These are to be dealt with in the indictable stream and assuming a contest will be through to a committal then trial in the County Court. It is reasonable to presume that the matters will not resolve at least until late in 2018 and possibly even well into 2019. The Stewards take the suspension action that they have taken in support of the integrity of the industry and its reputation in the eyes of the public. The integrity of the industry is however a two way street. To have integrity the system must honour the principles of procedural fairness and natural justice towards its participants. Criminal charges are now filed but must be weighed against the presumption of innocence. As said in September 2016, by this Board, the fact that charges of themselves carries little weight, it is the evidence underlying those charges which is relevant. The applicants have not been charged by the Stewards under the Australian Rules of Harness Racing. As to the evidence that has been provided the authorities are clear that cogent and compelling reasons would need to be present to justify any suspension from an industry that provides the livelihood for these applicants. This Board is not privy to the evidence in the police brief. The evidence provided is suggestive of a circumstantial case but one that is denied by the applicants. There are no certificates creating conclusive proofs here as there were in Demmler before VCAT, a citation of which is 2015 VCAT 648. That was a case against the Tribunal even in the face of conclusive proofs allowed a stay. Any suspension here approved will effectively ruin the livelihoods of the applicants. The need to ensure the integrity and reputation of harness racing is indeed a most important consideration. The public is sophisticated enough however to understand the difference between where charges are laid with the concomitant presumption of innocence and where charges are proven. Given the suspension here it may create unrecoverable consequences for the applicants. We are not satisfied that the need to protect the integrity of the industry outweighs the damage to the reputation and livelihood of these applicants. Indeed nor are we satisfied that the integrity of the industry will be harmed by the continued involvement of these applicants in the sport pending the outcome of charges. Accordingly, the decision of the Stewards to suspend all the applicants is stayed.
Harness Racing New South Wales (HRNSW) Stewards conducted an Inquiry yesterday into a report received from the Australian Government National Measurement Institute that Cobalt above the threshold was detected in a post-race urine sample taken from Apollo Thirteen NZ following its win in race 2, conducted at Newcastle on Saturday 22 October 2016. Licensed trainer-driver Mr Shannon Lindsay appeared at the Inquiry and provided evidence regarding the horse Apollo Thirteen NZ and his husbandry practices. Evidence including the Reports of Analysis was presented to the Inquiry. HRNSW Regulatory Veterinarian Dr Don Colantonio also provided evidence to the Inquiry. HRNSW Stewards issued the following charge against Mr Lindsay pursuant to Australian Harness Racing Rule (AHRR) 190 (1), (2) & (4) as follows: AHRR 190. (1) A horse shall be presented for a race free of prohibited substances. (2) If a horse is presented for a race otherwise than in accordance with sub rule (1) the trainer of the horse is guilty of an offence…. (4) An offence under sub rule (2) or sub rule (3) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse. Mr Lindsay was found guilty of that charge and disqualified for a period of four years to commence from 15 December 2016, the date upon which he was stood down. In considering penalty Stewards were mindful of the following: The serious nature of this offence; Mr Lindsay’s not guilty plea; Mr Lindsay’s first offence for a Prohibited Substance; Class 1 Prohibited Substance under the HRNSW Penalty Guidelines; Level of substance detected (240 ug/L); Mr Lindsay’s licence history and other personal subjective facts. Acting under the provisions of AHRR 195, Stewards disqualified Apollo Thirteen NZ from the abovementioned race. In addition, acting under the provisions of AHRR 195A, Stewards also disqualified Apollo Thirteen NZ from Race 1, conducted at Tabcorp Park Menangle on Sunday 30 October 2016. Mr Lindsay was advised of his right to appeal these decisions. MICHAEL PRENTICE | INTEGRITY MANAGER (02) 9722 6600 • firstname.lastname@example.org GRAHAM LOCH | CHAIRMAN OF STEWARDS (02) 9722 6600 • email@example.com
Lexington, KY - The 2017 ARCI Conference on Racing Integrity and Equine Welfare will focus on a blunt discussion about what is working and what is not in harness racing regulation in an ongoing effort to continually strengthen current policing efforts. Although the annual ARCI conference is the only gathering of racing industry regulators, it is open to anyone involved with the industry in any capacity. The conference will be held in Charleston, South Carolina from April 18 thru April 20, 2017 at the Charleston Marriott. Those interested in attending may register online at this LINK. Racing’s drug testing program will undergo an aggressive review by a panel of experts who will address the topic “Drug Testing: Are We Getting it Right and Catching the Cheaters?”. Expect discussions focusing on emerging doping threats and possible ways to monitor horses through development of an equine biological passport. There will also be a discussion of strategies as to how select horses for out-of-competition tests. The use of the riding crop will be discussed and debated at the conference, as will current policies which may be an impediment to emerging technologies intended to grow the sport. There will also be a discussion about creative ways to adjudicate racing rule violations differently than what is now being done. The Horseplayers Association of North America and others have been invited to participate on a panel entitled: “Do Our Stewards Know What They Are Doing?”. The ARCI (Association of Racing Commissioners International) is the only organization in racing whose members are the officially sanctioned racing authorities empowered by law to enact and enforce the rules of racing as well as adjudicate violations and disputes. The April meeting will also host meetings of: the National Racing Compact; Association of Official Racing Chemists (AORC - US Section); the Drug Testing Standards and Practices Committee; and the Model Rules Committee. Hotel reservations at the Charleston Marriott at the ARCI conference rate of $179 plus tax. Links; RCI Conference Registration Charleston Marriott
The Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board today heard a matter in regards to a charge issued by HRV Stewards under Australian Harness Racing Rule (AHRR) 190(1) against licensed Tasmanian trainer Mr Rohan Hillier. AHRR 190(1) reads as follows: A horse shall be presented for a race free of prohibited substances. The charge under AHRR 190(1) issued by HRV Stewards against Mr Hillier related to a urine sample collected from the horse ‘Ryley Major’ after it had been presented to race at the Melton harness racing meeting on 7 July 2016 in Race 1, the ‘Empire Stallions Vicbred Super Series (3YO Colts and Geldings) Bronze Pace. Racing Analytical Services Limited (RASL) reported that analysis of the urine sample revealed the sample to contain a prohibited substance, namely arsenic, in excess of the allowable threshold. During the investigation Mr Hillier explained he had not used any arsenic based product upon Ryley Major and that the only explanation he could provide for the finding was fence posts which had been chewed or some pine shavings which had been used as floor covering where the horse was stabled. Subsequent analysis of relevant samples revealed the fence posts contained arsenic at levels consistent with Copper Chromium Arsenic (CCA) treated timber. As background, with the acquisition of a machine capable of testing for cobalt by RASL (preventing the need for samples to be sent interstate or overseas), in June 2015 the laboratory (RASL) were also able to commence the routine testing of all collected urine samples for other metals including arsenic. With a number of samples above the threshold becoming apparent in racing jurisdictions, and common explanations as to the cause of such irregularities provided, the University of Melbourne were engaged to conduct an administration trial by RASL, HRV and other racing authorities that had also been screening raceday samples for the presence of arsenic. At the RAD Board hearing, in addition to the consideration of statements from HRV Stewards and RASL, the RAD Board considered a report from Associate Professor Cate Steel and Professor Ted Whittem from the University of Melbourne which centred on the extensive research conducted by the University of Melbourne where a trial was conducted to research the levels of arsenic in horses that had ingested a known amount of CCA treated timber sawdust. The trial revealed that it is a possibility that a horse could have a urinary level of arsenic that exceeds the threshold concentration if it chews and ingests a sufficiently large quantity of CCA treated timber. Further studies will be done in the future in an attempt to distinguish between the inorganic and organic forms of arsenic. Mr Hillier pleaded guilty to the charge issued under AHRR 190(1). The HRV RAD Board formally found Mr Hillier guilty though imposed no penalty in all the circumstances of the case. In making this order, the HRV RAD Board had regard to the nature of the substance in that arsenic based products have been suggested by manufacturers as tonics that are purported to improve appetite or the appearance of the coat of a horse. The RAD Board also considered that the arsenic threshold had been developed a number of decades ago in Hong Kong in response to the suggestion (at the time) that horses were being ‘stopped’ through the use or arsenic rather than any suggested enhancement of performance. The HRV RAD Board particularly considered the results of the trial conducted by the University of Melbourne and the analysis of the fence posts from Mr Hillier’s property. The RAD Board also noted Mr Hillier’s guilty plea and his previous record. The RAD Board considered Mr Hillier’s lengthy involvement in the sport with a training career stretching over 25 years and involving more than 1,400 horses being presented to race. The RAD Board considered the principles of the High Court decision of Veen v the Queen when taking into account Mr Hillier’s prior matters. The RAD Board also considered other precedent cases involving the substance, including the matter of Rasmussen in Queensland in 2015 whereby no penalty was imposed for such an arsenic case. The HRV RAD Board ordered under AHRR 195 that ‘Ryley Major’ be disqualified from Race 1 at Melton on 7 July 2016, and that the placings be amended accordingly. Harness Racing Victoria
Harness Racing South Australia stewards today suspended the trainers licence of Mario Borg, pursuant to Australian Harness Racing Rule 183. This action was taken after receiving a report from Racing Analytical Services Ltd (RASL) that dexamethasone was detected in a urine sample taken from ITS BEDLAM after it competed in Race 8, Book a Xmas Night At Globe Derby Pace, at Globe Derby on 12 December 2016. The ‘B’ sample was sent to the Australian Racing Forensic Laboratory in Sydney and has been confirmed. In making this decision, HRSA Stewards have considered all relevant information including submissions provided by Mr Borg as to why Rule 183 should not be invoked. Stewards also took into account the following factors: that two Certificates from approved drug testing laboratories have been received which confirmed the presence of dexamethasone; the nature of the substance; the absolute nature of Rule 190 offences; the obligation of HRSA to protect the harness racing industry. Mr Borg has not been charged with any offence and has been advised of his appeal rights against the imposition of Rule 183. No date for the inquiry has been set. Barbara Scott Chair of Stewards
A Gold Coast man will face court accused of assaulting three people involved in Queensland's harness racing industry. The 32-year-old Molendinar man was charged on Wednesday following a four-month investigation involving the Queensland Racing Crime Squad and Queensland Racing Integrity Commission, which included coercive hearings.' He is due to appear in the Southport Magistrates Court on February 15 on two charges of assault occasioning bodily harm and two counts of common assault. 9news.com.au Read more here
Harness Racing New South Wales Steward Todd Sharwood is on the mend following injuries he sustained while on duty at Goulburn's TAB.COM.AU Carnival of Cups meeting last Sunday. Prior to the opening event, the flooring of the steward/camera tower that Sharwood was occupying gave way. Sharwood fell through to the ground and was taken to Goulburn Hospital where it was discovered he broke his pelvis, sustained fractures to his vertebrae and other injuries. He was later transferred to Canberra Hospital for further tests which ruled out any need for surgery. This positive news was welcomed by HRNSW Chief Executive John Dumesny. "I have been speaking to Todd regularly and he received a positive report from specialists following his MRI (scan) yesterday that he will not need any surgery for his injuries, just rest and recovery for six weeks," Dumesny said. "Todd was very proud of himself having walked 14 steps today and has a hope to be discharged from Goulburn Hospital on the weekend. "Being Todd his primary ambition is to return to work as soon as possible and has offered once discharged to work from home." A Safe Work NSW investigation into the incident has naturally been instigated. Clubs across the state have been instructed to immediately engage qualified persons to issue compliance certificates for the structures at their respective tracks and approvals for use taking into consideration work place safety. HRNSW will assist clubs with contact to qualified persons if they are having difficulty in this respect. AMANDA RANDO