hearingid: 058f5fe8113856b971818a782ef61bc2

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

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penaltyrequired:

decisiondate: no date provided

hearing_title: Non Raceday Inquiry - J P Crouth 03 Feb 09

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Decision:

The defendant is charged with one breach of Rule 1004(1), (2), (7) and (8) of the Rules of Harness Racing.  The charge (Information 64745) preferred by Chief Racecourse Inspector Carmichael reads as follows –

          “I, the above named informant allege that the above named Defendant

committed a breach of Rule 1004(1),(2), (7) and (8) in that on the 15^th day of August 2008 Jeffrey Parker Crouth was  the trainer and the person for the time  being in charge of the  horse WONDERLAND which was presented to race in the Franklin Trotting Club Supports Cure Kids Mobile Pace (Race 1) at a race meeting conducted by the Franklin Trotting Club at Alexandra Park when the said  horse was found to have had administered to it a prohibited substance, namely Dimethyl Sulphoxide (DMSO).”

BEFORE A JUDICIAL COMMITTEE

AT AUCKLAND

IN THE MATTER of the

New Zealand Rules of

Harness Racing

                                      BETWEEN          Thomas Rodney CARMICHAEL                                                             

Informant

AND                    Jeffrey Parker CROUTH

                             Defendant

PARTIES:                                         Chief Racecourse Inspector Mr T. R. Carmichael for Harness Racing New Zealand.

                                                          Mr J. P. Crouth.

HEARING:                                       On the papers.

JUDICIAL COMMITTEE:               J. M. Phelan (Chairman)

                                                          D. C. Johnstone

DATE OF DECISION:                     03 February 2009

                          DECISION OF THE JUDICAL COMMITTEE

The defendant is charged with one breach of Rule 1004(1), (2), (7) and (8) of the Rules of Harness Racing.  The charge (Information 64745) preferred by Chief Racecourse Inspector Carmichael reads as follows –

          “I, the above named informant allege that the above named Defendant

committed a breach of Rule 1004(1),(2), (7) and (8) in that on the 15^th day of August 2008 Jeffrey Parker Crouth was  the trainer and the person for the time  being in charge of the  horse WONDERLAND which was presented to race in the Franklin Trotting Club Supports Cure Kids Mobile Pace (Race 1) at a race meeting conducted by the Franklin Trotting Club at Alexandra Park when the said  horse was found to have had administered to it a prohibited substance, namely Dimethyl Sulphoxide (DMSO).”

Rule 1004(1) and (2)

Rule 1004(7) and (8) – Penalty Provisions.

          Rules 1004(1) and (2), referred to above, which come under the Prohibited Substance Rule, read 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 than in accordance with sub-rule (1) the trainer of the horse commits a breach of these Rules.”

Mr Crouth had endorsed on the Information that he admitted this breach of the Rules, and also that he did not wish to attend the hearing.  It is for these reasons that this matter was heard on the papers.

Summary of Facts:  

Mr Carmichael produced the following documents which are relevant to this charge.

-                           Written permission to file the information from the General Manager of HRNZ.

-                           A copy of the swab card relating to this matter.

-                           The Certificate of Analysis.

-                           A copy of an extract from the Guide for NZEVA Veterinarians relating to the recommended dosage and withholding time for DMSO.

-                           Records of the interviews with Mr Crouth.

-                           A statement from Veterinarian Doctor Corrine Hills.

-                           Results from subsequent administration/excretion tests carried out on “Wonderland” by Doctor Andrew Grierson, the Official Veterinarian for HRNZ.

Mr Crouth was the trainer, and the person for the time being in charge, of the horse “Wonderland” which was correctly entered for and started in Race 1, the Franklin Trotting Club Supports Kids Cure Mobile Pace, at the Franklin Trotting Club’s meeting at Alexandra Park on 15 August 2008.  “Wonderland” finished last in this race earning a starter’s stake money of $150-00.

“Wonderland” was post race swabbed and the sample sent to the Racing

Laboratory.  On 27 August 2008 the Racing Analyst advised that the sample had tested positive to Dimethyl Sulphoxide (“DMSO”), which is a prohibited substance when present in urine at a concentration of more than 15 milligrams per litre.  The analysis detected a concentration of 2,090 milligrams per litre.  The recommended withholding time for DMSO is 48 hours, based on a dose of 50 grams.

Mr Crouth was interviewed about this matter on 28 August and 4 and 11 September 2008.  He admitted administration of DMSO by stomach tube on the afternoon of 13 August 2008.  The administration was carried out by another person, but on Mr Crouth’s instructions.  150 grams was administered on the directions of a  Veterinarian, Doctor Corrine Hills.  Mr Crouth said that he erred on the side of caution and allowed 55 hours before the horse was to race, with the recommended withholding time being 48 hours.

Doctor Hills made a statement confirming that she had dispensed DMSO to Mr Crouth, and provided him with instructions for use and recommendations regarding withdrawal times.  Dr Hills explained that for the previous 2 years there had been the widespread understanding among veterinarians in New Zealand that it was acceptable to give up to 200mL diluted to a 10% solution in water by nasogastric tube to horses at least 48 hours before racing.  Dr Hills also said that she had previously practiced in North America where a longer withdrawal time was observed. and that she had recommended to her clients a slightly more conservative dose of 150mL two days prior to racing. 

It was established that the dose recommended by the New Zealand Equine Veterinary Association (“NZEVA”) Detection List Guide should have been a maximum of 50 grams with a withholding time of 2 days.

It is also of interest that Dr Andrew Grierson has conducted administration tests for DMSO on “Wonderland”.  Dr G. Beresford, the Official Racing Analyst, analysed the samples taken before, and at two hour intervals after, the administration of 150mL of DMSO.  The results of these tests indicated that the level of DMSO detected in this case were entirely consistent with an administration at least 48 hours before the race.

Submissions on Penalty: 

Mr Carmichael said that a starting point when fixing a penalty in this case was a fine of $750-00, which was the fine imposed in the recent decision of HRNZ v. Small, where the circumstances were very similar.

Mr Carmichael said that the Mr Crouth should be given credit for the following matters.

-                           Mr Crouth’s early admission of the breach, and his agreeing to the matter being heard at the first opportunity and without the need for a formal hearing, thus significantly reducing any cost to the Informant.

-                           That the administration was carried out on the instructions of a Veterinarian.

-                           That the subsequent tests carried out on “Wonderland” cast serious doubts on the recommended withholding times.

-                           That Mr Crouth has had a long association with the Harness Racing industry and has not previously appeared on any charge of this nature.

Decision on Penalty:  

Rule 1004(7) provides the penalties applicable in this case, as follows.

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

(a) a fine not exceeding $10,000;  and/or

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

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hearing_type: Old Hearing

Rules: 1004.1, 1004.7, 1004.8, 1115.4

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