Non Raceday Inquiry RIU v P M Williamson 1 December 2012 – Decision dated 10 December 2012

hearingid: 4b29b205ebf404fbad7b62b0cea20449

informantnumber: A5003

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startdate: no date provided

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penaltyrequired:

decisiondate: 24/11/2012

hearing_title: Non Raceday Inquiry RIU v P M Williamson 1 December 2012 - Decision dated 10 December 2012

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

NON RACEDAY INQUIRY 

HRNZ v Mr P M Williamson

Rule:  1004(1), (2) and (4).

Held:  Saturday, 1 December 2012 at Orari Racecourse, Geraldine

Judicial Committee:  Mr R G McKenzie, Chair - Mr J Millar, Committee Member

Registrar:  Mr R A Quirk - Stipendiary Steward

Present:  Mrs K R Williams - Racing Investigator, Racing Integrity Unit

               Mr P M Williamson - Licensed Public Trainer and Open Horseman 

RESERVED DECISION OF JUDICIAL COMMITTEE

The Charge:
[1] Information No.A5003 alleges that:
On the 28th September 2012, Phillip Manson Williamson, being the registered trainer of the standardbred ARMBRO DEMON presented the horse to race in Race 8, Harnessworld.org Handicap Trot, at the New Zealand Metropolitan Trotting Club meeting with a prohibited substance, namely Procaine, in its system. This is in breach of the Prohibited Substance Rule, Rule 1004 (1), (2) and (4).

The Rules:

2] Rule 1004 of the Rules of Harness Racing provides as follows:
(1) A horse shall be presented for a race free of prohibited substances.
(2) Where a horse is taken, or is to be taken, to a racecourse for the purpose of engaging in a race otherwise that in accordance with sub-rule (1) the trainer of the horse commits a breach of these Rules.
(4) A breach of these Rules 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.

The Plea:

[3] Mr Williamson had signed the Statement by the Respondent at the foot of the information form indicating that he admitted the breach of the Rule. He confirmed this at the hearing.

Summary of Facts:

[4] ARMBRO DEMON is a 6-year-old brown mare (Armbro Invasion – Hold Fast) owned by Mr C R and Mrs H M McLeod and is trained by the Respondent, Licensed Public Trainer, Mr P M Williamson.

[5] ARMBRO DEMON was correctly entered and presented to race by the Respondent and driven by the Respondent’s son, Matthew Williamson, to win Race 8, Harnessworld.org Handicap Trot, at the New Zealand Metropolitan Trotting Club meeting on the 28th of September 2012.

[6] Following the race, the horse was routinely swabbed with the Respondent presenting the horse in the swab area for testing, with a urine sample being taken.

[7] On the 11th day of October 2012, the New Zealand Racing Laboratory Services issued a Certificate of Analysis advising of the presence of Procaine, a substance prohibited under the Rules and Regulations of Harness Racing New Zealand, detected in the swab.

[8] In New Zealand, Procaine is found in Procaine Penicillin which is routinely used to fight infection and can have various trade names. Mrs Williams produced a letter from Mr Andrew Grierson, Chief Veterinarian for Harness Racing New Zealand, confirming that Procaine is classed as a prohibited substance within the New Zealand Rules of Harness Racing and Regulations.

[9] On the 13th day of October 2012, Mrs Williams went with Racing Investigator, Mr Robin Scott, to Mr Williamson’s property where they advised him of the positive swab returned by ARMBRO DEMON to the presence of Procaine.

[10] Mr Williamson confirmed to them that he was the attendant with the horse when it was swabbed and that he did not contest the swabbing process. He waived his right for the second sample to be tested.

[11] It was established that Mr Williamson had had the horse on his property from the 23rd of August 2012 from owner-trainer, Mr McLeod, who was going away. The mare had been on Mr Williamson’s property for 37 days prior to racing. Procaine has a withholding period of at least 21 days, so it had to have been introduced into the mare’s system after it arrived at Mr Williamson’s property.

[12] An inspection of the stabling area revealed no products with the presence of Procaine in them. In particular, no penicillin was found. Mr Williamson advised that he had never treated ARMBRO DEMON with any product containing Procaine and that he would never treat a racehorse with penicillin as he believes that it knocks a horse, which then requires the horse to be turned out.

[13] Mr Williamson advised that ARMBRO DEMON had been treated by Veterinary Surgeon, Mr Peter Gillespie BVSc MACVS, the day before she raced and was treated with an injection of Traumeel and had Traumeel ointment applied to her near hind leg, as Mr Gillespie felt the mare had a problem with her suspensory. Mr Williamson was certain that he had advised Mr Gillespie that the mare was racing the next day and that Mr Gillespie’s reply was that Traumeel is homeopathic and would not return a positive swab”.

[14] Owner, Mr McLeod, was also questioned on the same day and advised of the positive swab. He could offer no explanation for the presence of Procaine in ARMBRO DEMON’s swab. The only form of treatment Mr McLeod had given the horse was more than five months previously when the mare had injections into the knee.

[15] Mr Williamson’s regular veterinary surgeon, Mr Pat Brooks, was contacted regarding the positive swab. He advised that he has never treated ARMBRO DEMON with penicillin. He had used Duplocillin, which contains Procaine penicillin, on horses in the stable but not within the time frame that it had to be introduced into ARMBRO DEMON to result in a positive swab – that is to say, not within 21 days of the mare racing.

[16] The company that distributes Traumeel in New Zealand, Pacific Health & Fitness Limited, has subsequently confirmed that there is no Procaine in Traumeel, not even trace amounts.

[17] When contacted and advised of the positive swab, Mr Gillespie stated that he treated ARMBRO DEMON only with Traumeel, which is homeopathic and would not return a positive swab. He was adamant that he would never use penicillin on racehorses.

[18] Mrs Williams produced a letter from Mr Gillespie. In that letter, Mr Gillespie stated that he examined ARMBRO DEMON on 27th September 2012 at Mr Williamson’s property and went on to say:
It was a minor injury and as the horse was racing the following day, I advised Phil to treat it with topical applications of Traumeel ointment; a homeopathic anti-inflammatory product that I have used regularly over the past 10 years. I also gave the horse an intra-muscular injection of the same product. . . .
I have always been meticulous in the measures I take to avoid cross contamination of drugs between patients. I only use needles and syringes once and to avoid bottle contamination, never use the same needle to draw up different drugs.

[19] The ingredients are all homeopathic. Procaine is not present in the composition of the ointment or injectable form of Traumeel.

[20] The Traumeel cream was taken from Mr Williamson’s and forwarded to the New Zealand Racing Laboratory along with a sample, supplied by Mr Gillespie, of the injectable Traumeel from the same batch as was used on ARMBRO DEMON. Both Traumeel samples were analysed for the presence of Procaine. Procaine was not detected in either sample.

[21] A blood sample was taken from ARMBRO DEMON on 13th of October 2012 and was forwarded to New Zealand Racing Laboratory Services to see if Procaine was still in the mare’s system, 16 days after she had raced. No Procaine was detected in the sample.

Informant’s Submissions:

[22] Mrs Williams informed the Committee that Mr Williamson had been extremely open and forthright in his dealings with the Racing Integrity Unit. He was entitled to credit for his early admission of the breach.

[23] Mr Williamson was unable to explain how Procaine was introduced into the horse’s system as he had never used penicillin on ARMBRO DEMON. He did admit that the mare was treated the day before she raced by Veterinary Surgeon, Mr Peter Gillespie. Mr Williamson takes him at his word that the mare was treated only with injectable Traumeel and Traumeel ointment, which the Laboratory has confirmed do not contain Procaine.

[24] In any situation in which medication has been given to a horse, there is potential for contamination. Mr Gillespie has admitted that he had treated a horse earlier in the day with penicillin.

[25] It cannot be said how Procaine got into the mare’s system but Mr Williamson had no penicillin on his property and the last time a horse was treated with penicillin on the property was on the 14th of July 2012 by Mr Pat Brooks – outside the withholding time for Procaine of 21 days.

[26] Under the Rules, the Informant is not required to prove how a prohibited substance was introduced into a horse’s system, only that it was present. This case can only be classified as a case of negligence rather than intent. It was accepted that Mr Williamson did not, by himself or with another person, wilfully administer the substance Procaine to ARMBRO DEMON and that any administration was inadvertent.

[27] Notwithstanding that, the detection of a drug in a racehorse which has competed in and won a race is a serious matter. It is detrimental to the industry and erodes public confidence in harness racing. Mr Williamson, as the person responsible for the horse and for producing it at the races free of prohibited substances, has accepted his responsibility under the Rules.

[28] Mrs Williams told the Committee that Mr Williamson had not previously breached the Prohibited Substance Rule. He is a respected trainer who has trained over 300 winners.

[29] Having regard to Mr Williamson’s clear record and the manner in which he has conducted himself (in relation to the inquiry), the Informant submitted that an appropriate penalty was a fine in the vicinity of $4,000 to $5,000. Mrs Williams produced a schedule of penalties imposed by Judicial Committees for breaches of the Rule since November 2007. None related to the presence of Procaine. The only case involving Procaine was the thoroughbred case of I in 2008 where a trainer admitted a breach of the corresponding Rule and was fined the sum of $4,500.

Respondent’s Submissions:

[30] Mr Williamson asked the Committee to give his record “serious consideration”. He said that he had held a trainer’s licence for approximately 20 years and had not previously breached the Rule during that time. He is strongly opposed to the use of drugs on horses.

[31] Mr Williamson averred that he did not inject ARMBRO DEMON with penicillin. He raised the question as to why he would do it. He has never used penicillin on a racehorse. It is well known that it “knocks” a horse. He would use it for a bad cut on a horse or on a horse with a bad cold, but not a horse that was racing, he said.

[32] Mr Gillespie had visited his property “by chance”. Mr Williamson had asked him to call in if he was passing because he had concerns that ARMBRO DEMON was not trotting as fluently as he would like her to.

[33] Mr Gillespie carried out a thorough inspection of the mare. The first thing he did was to check out the mare’s mouth, which involved his putting his hands in her mouth. Mr Williamson stated that he could not rule out the possibility of contamination, Mr Gillespie having admitted that he had treated a horse with penicillin earlier that day. Mr Williamson said that he had reservations about having a horse treated on the day before it was to race.

[34] Mr Williamson expressed concerns about what would be a blemish on his good record and reputation. It was hard for him to accept how it had happened, he said.

[35] He had been told by his own Veterinary Surgeon that as little as a “drop” would be sufficient to produce a positive test. Mr Gillespie had been “in a real hurry” when he visited Mr Williamson’s property, Mr Williamson said.

[36] Mr Williamson said that he felt sure it was a “contamination issue”. He had not contested the swabbing process nor had he requested that the reserve sample be analysed, as he had faith in the system and had done so for 20 years. He has had many winners tested over the years, he said.

[37] In reply to a question from the Committee concerning security arrangements at his property, Mr Williamson stated that ARMBRO DEMON was in a paddock beside the road and, therefore, he could not dismiss the possibility of foul play. However, he could not understand why any party would do that. It was a possibility, but unlikely, he said.

Disqualification of the horse:

[38] Mrs Williams referred to Rule 1004D of the Rules of Harness Racing which provides:

Any horse which has been taken to a racecourse for the purpose of engaging in a race which is found to have administered to it or ingested any prohibited substance shall be disqualified from the race.

[39] Mrs Williams said that the connections of ARMBRO DEMON accepted that, under that Rule, the mare has to be disqualified and they do not contest this. Mr Williamson confirmed that disqualification was not contested. Mrs Williams sought disqualification of the mare.

[40] The Committee ordered that ARMBRO DEMON be disqualified from Race 8, Harnessworld.org Handicap Trot, at the meeting of New Zealand Metropolitan Trotting Club held at Addington Raceway on 28th September 2012. As a consequence of the disqualification, the amended result for the Race is as follows:

1st Global Invasion
2nd Live the Dream
3rd Paint the Moon
4th Tehoro Diva
5th Pammy’s Boy

The Committee ordered that stakes for the Race be paid in accordance with that amended result.

Decision:

[41] Mr Williamson having admitted the charge it is found proved pursuant to Rule 1111 (1) (d).

Decision on Penalty:

[42] The relevant penalty Rule is Rule 1004 (7) which provides:

Every person who commits a breach of sub-rule (2) or (3) shall be liable to:

(a) a fine not exceeding $20,000.00; and/or

(b) be disqualified or suspended from holding or obtaining a licence for any specific period not exceeding five years.

[43] The Committee notes that the maximum fine under Rule 1004 (7) (a) was increased by Harness Racing New Zealand from $10,000 to $20,000 in 2011, reflecting the desire of that body to provide a greater deterrent. Therefore, in the Committee’s view, penalties imposed for breaches of the Rule prior to March 2011 need to be looked at in the light of that.

[44] The principal mitigating factors, to which the Committee has had regard in determining penalty, are Mr Williamson’s previous unblemished record over some 20 years as a Public Trainer, his early admission of the breach and his cooperation with the Racing Integrity Unit during its investigation. These deserve significant weight.

[45] Against those factors is the ever-present need to maintain the integrity of and public confidence in harness racing by adequately punishing the breach and deterring Mr Williamson and others from offending in a similar manner in the future.

[46] The Committee is satisfied that the imposition of an appropriate fine in this case will achieve that and that a disqualification or suspension is not called for.

[47] The Informant has submitted that Mr Williamson did not deliberately administer the prohibited substance to ARMBRO DEMON and that any administration was inadvertent. The Committee accepts that submission. Furthermore, no penicillin product was found on his property and no penicillin had been administered by his Veterinary Surgeon after the 14th of July, which was well outside the withholding period for Procaine.

[48] Mr Williamson’s assertion that he did not use penicillin on racehorses is supported in a letter from his Veterinary Surgeon, Mr S P Brooks BVSc. In that letter Mr Brooks wrote:

Mr Williamson is and has been a very unenthusiastic user of penicillin. . . I personally view Mr Williamson as a man of integrity and my previous conversations with him have always highlighted his aversion to drug use of any sort.

[49] It is difficult, in the circumstances of this case, to find any degree of negligence on Mr Williamson’s part except, perhaps, for the fact that the horse was, by his own admission, left in a paddock by the road.

[50] The Committee is drawn to the conclusion that the positive swab to Procaine may have been, in some way, related to the treatment that ARMBRO DEMON had received on 27 September 2012, the day prior to the race, from Mr Gillespie. Having said that, we do not need to make any finding as to the circumstances of how the positive swab came about and, of course, we are not able to pinpoint that treatment as being the cause. However, if it were in fact the cause, then it follows that there was nothing that Mr Williamson could have done to avert it.

[51] As stated in paragraph [29] above, Mrs Williams referred the Committee to a number of previous cases of breaches of the Rule and the penalties imposed. In the most relevant of those cases, the fines appeared to range from $1,800 at the lower end to $3,500 at the upper end. All preceded the increase of the maximum fine under Rule 1004 (7) (a). The fine of $3,500 referred to was imposed on the trainer of the winner of a major race (Interdominion Pacers Grand Final) for a positive to DMSO (Dimethylsulfoxide).

[52] The present case, the Committee believes, has to be rated below that case on a scale of seriousness but the increase of the maximum fine regime applying to the present case has to be taken into account.

[53] Having regard to all of the matters referred to above, the Committee is satisfied that a fine of $3,500 is an appropriate penalty in this case. We believe that such a penalty will satisfy the principal requirements of sentencing – that is to say, to punish the offender, to deter the offender and others in the industry and the need to maintain integrity and public confidence in harness racing.

sumissionsforpenalty:

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penalty:

[54] Mr Williamson is fined the sum of $3,500.

Costs:

[55] Mrs Williams did not seek any award of costs in favour of the Racing Integrity Unit and, accordingly, no order is made.

[56] Mr Williamson is ordered to pay costs in the sum of $350.00 to the Judicial Control Authority by way of contribution to the hearing costs of the Authority.

R G McKenzie                       J Millar
(Chair)                                 (Committee Member)

hearing_type: Non-race day

Rules: 1004(1), (2) and (4)

Informant: Mrs K R Williams - Racing Investigator for the Racing Integrity Unit

JockeysandTrainer:

Otherperson:

PersonPresent: Mr R A Quirk - Stipendiary Steward (Registrar)

Respondent: Mr P M Williamson - Licensed Public Trainer and Open Horseman

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