Non Raceday Request for Review RIU v KM Barron and TR Barron – Decision dated 11 November 2016 – Chair, Mr S Ching

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decisiondate: 15/11/2016

hearing_title: Non Raceday Request for Review RIU v KM Barron and TR Barron - Decision dated 11 November 2016 - Chair, Mr S Ching

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BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A5032

BETWEEN KYLIE ROCHELLE WILLIAMS, Racing Investigator for the Racing Integrity Unit

Informant

AND KENNETH MCNEILL BARRON & TONY RONALD BARRON of Christchurch, Licensed Public Trainers

Respondents

Date of Hearing: 11 November 2016

Venue: Addington Raceway, Christchurch

Judicial Committee: S C Ching, Chairman - R G McKenzie, Committee Member

Present: Mrs K R Williams, the Informant

Mr S Renault, Stipendiary Steward (Registrar)

Date of Decision: 11 November 2016

REQUEST FOR A RULING - DECISION OF JUDICIAL COMMITTEE

The Ruling Sought

[1] Information No. A5032 alleges that:

THAT, on the 25th September 2016, the Standardbred TERRACOTTA raced in Race 4, the CANTERBURY HONDA WOODEND FILLIES & MARES MOBILE PACE, at the Rangiora Harness Racing Club meeting with a prohibited substance, namely Norketamine, in its system. This is in breach of the Prohibited Substance Rule, Rule 1004(1A).

And the horse is liable to the penalty which may be imposed in accordance to Rule 1004D.

The official race day result was as follows:

1st - TERRACOTTA (9)
2nd - BEAUDIENE DELIGHTFUL (3)
3rd - ALTA TERESA (8)
4th - IREBY MEG (1)
5th - MOTU TIME TO SHINE (7)
6th - FIRE ONE (6)

The Rules

[2] Rule 1004(1A) A horse shall be presented for a race free of prohibited substances.

Rule 1004D 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 by it any prohibited substance shall be disqualified from that race.

The Plea

[3] Mr A Barron and Mr T Barron had both signed the Statement by the Respondent at the foot of the information form indicating that they admitted the breach of the Rule.

Facts

[4] Mrs Williams provided to the hearing a letter from the General Manager of the RIU, Mr M Godber, authorising Mrs Williams, pursuant to Rule 1108(2), to lodge an information requesting a ruling to disqualify the horse TERRACOTTA under rule 1004(1A).

[5] Also produced to the hearing was a Certificate of Analysis from NZ Racing Laboratory Services, copy of the Swab card 119838, a letter from HRNZ Chief Veterinarian, confirming Ketamine and its metabolites are prohibited substances under the Prohibited Substances Regulations in the Rules of Harness Racing and a letter to the editor on Environmental recirculation of ketamine.

Summary of Facts

[6] TERRACOTTA is a 3-year-old Bay Filly and is trained in partnership by Public Trainers, Mr Kenneth McNeill Barron and Mr Tony Ronald Barron. TERRACOTTA is owned by the goHarness Buy Race & Sell Syndicate. TERRACOTTA has raced 6 times for 2 wins and 1 placing for stakes of $8,867.

[7] TERRACOTTA was correctly entered and presented to race by K & T Barron to win Race 4, the Canterbury Honda Woodend Fillies & Mares Mobile Pace, at the Rangiora Harness Racing Clubs meeting on 25 September 2016 and won a stake of $3,850. TERRACOTTA was driven in the race by Mr B N Orange.

[8] TERRACOTTA was post-race swabbed, swab number 119838.

[9] On the 13th day of October 2016, the New Zealand Racing Laboratory reported that NOKETAMINE was detected in swab 119838. NOKKETAMINE is a metabolite of KETAMINE which is a prohibited substance under the New Zealand Rules of Harness Racing.

[10] On the 19th of October 2016 Racing Investigators went to the Barron’s property, 605 Hoskyns Road, RD5, Christchurch and advised Mr Tony Barron of the positive swab. Mr Ken Barron was overseas at the time.

[11] Mr Tony Barron was given a copy of the Certificate of Analysis, Copy of the Swab Card and RIU Swabbing Record Book and a copy of the Prohibited Substance Rule of the New Zealand Rules of Harness Racing.

[12] Mr Barron could not offer an explanation for the presence of Norketamine in the swab sample 119838 from TERRACOTTA.

[13] Ketamine was not found on the property.

[14] Ketamine is primarily used for starting and maintaining anaesthesia.

[15] An inspection of the Barron’s diary revealed that a pre-purchase examination was conducted on TERRACOTTA on 15 September 2016 and on the same day a Caslick was performed on a filly and a colt was gelded. Ketamine was used in the gelding process.

[16] On 26 October 2016, Mr Ken Barron was interviewed after returning to New Zealand and could not offer an explanation for the positive swab.

[17] Further enquiries with the Stable Veterinarian confirmed a further two colts had been gelded on the 15th of September with Ketamine being used. The paddock that was used for the gelding of the colts was rested and only again used by TERRACOTTA and two other horses on the 24th and 25th of September prior to the races at Rangiora.

[18] There have been a number of cases in Australia, 2010 NSW, 2012 NSW, 2014 South Australia, where positive swabs have been associated with samples taken from horses after the castration of horses had occurred on the properties. These are highlighted in a letter to the Australian Veterinary Association entitled: “Letter to the Editor: Environmental recirculation of ketamine”

An Extract from the above letter:

We are writing to warn the risk of environmental recirculation of ketamine whereby a positive swab arises in a horse that has been exposed to ketamine and/or its metabolites excreted from a previously anaesthetised horse. This appears in much the same fashion as published cases involving other therapeutic agents.

Ketamine is widely used in equine practice as an anaesthetic agent for minor field based procedures and to induce anaesthesia for major surgery in veterinary hospitals. Recently, ketamine and its metabolites have shown to persist in the environment, with both ketamine and norketamine being resistant to microbial degradation and hydrolysis.

We are aware of six cases involving findings of ketamine and/or its metabolites being identified in swab samples in Australia and one case involving a Racehorse in Hong Kong”

[19] The connections do not contest the taking of the swab sample.

[20] The connections of TERRACOTTA accept that the horse raced with a prohibited substance in its system and do not contest the disqualification of the horse.

[21] Mr Ken Barron has been training since 2001/02 and Mr Tony Barron since 1989/90 in various partnerships or on their own and have never been charged with a breach of this rule.

Disqualification of the horse

[22] 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.

[23] Mrs Williams confirmed to the Committee that the RIU were seeking disqualification of TERRACOTTA. She also confirmed that the connections did not contest disqualification of TERRACOTTA.

Ruling of Committee

[24] The Committee was satisfied that TERRACOTTA raced in and won the Canterbury Honda Woodend Fillies & Mares Mobile Pace at the Rangiora Harness Racing Clubs meeting on 25 September 2016 with a prohibited substance in its system, namely Norketamine. Rule 1004D clearly states that any horse which has been taken to a racecourse for the purpose of engaging in a race which is found to have administered or ingested by it any prohibited substance shall be disqualified from that race. The Committee therefore ordered that TERRACOTTA be disqualified from the race. As a consequence of the disqualification, the amended result is as follows:

1st - BEAUDIENE DELIGHTFUL (3)
2nd - ALTA TERESA (8)
3rd - IREBY MEG (1)
4th - MOTU TIME TO SHINE (7)
5th - FIRE ONE (6)
6th - TAKE A BREAK (4)

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

Costs

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

[26] As the matter was heard on a race day no order was made for costs in favour of the Judicial Control Authority.

ADDENDUM

It has now been drawn to the Committee's attention that the date in paragraph 17 was incorrect and it should read: -

Further enquiries with the Stable Veterinarian confirmed a further two colts had been gelded on the 14th of August with Ketamine being used. The paddock that was used for the gelding of the colts was rested and only again used by TERRACOTTA and two other horses on the 24th and 25th of September prior to the races at Rangiora.

S C Ching               R G McKenzie

Chairman               Committee Member 

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