Non-Raceday Inquiry – JP Bowden

hearingid: 127220559554e0544266780559b1fd57

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Non-Raceday Inquiry - JP Bowden

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

The above-numbered information requests a ruling from the Committee as follows:

Mr McKenzie presented a written Summary of Facts. The facts may be summarised as follows:

1. The horse ALI GEE is a 3-year-old gelding trained at Rangiora by Licensed Trainer, Mr P D J Harris. It is leased to the Rat Pack Syndicate and the Bend the Arm Syndicate No.3, of which latter syndicate Mr J P Bowden is the Racing Manager.

2. On Wednesday, 9 November 2005, ALI GEE started in Race 2, Bone Marrow Cancer Trust Maiden (Supported by Lyndsay Distributors), a 1400 metres race at the Canterbury Jockey Club meeting held at Riccarton Park. ALI GEE won the race.

3. Following the race, a urine sample was taken from the horse and that sample was shown, on analysis, to contain N-(3-trifluoromethylphenyl) piperazine (TFMPP).

4. The substance is a prohibited substance as defined under the Sixth Appendix of the New Zealand Rules of Racing and this was confirmed by Dr Andrew Grierson, Veterinary Consultant for NZTR.

5. Further confirmation of the substance's being a prohibited substance was supplied by Australian and USA authorities. TFMPP is also known to be an ingredient of "party pills".

6. On 28 November 2005, Racecourse Inspectors went to Mr Harris' training premises at Rangiora. Mr Harris was advised of the positive swab and was given a copy of the Certificate of Analysis. He expressed surprise and denied any knowledge of how ALI GEE could have returned a positive swab.

7. Mr Harris gave the Inspectors a one-litre container of a herbal mixture called "equiBOLIC". The product was sold at retail outlets as a horse feed supplement.

8. The contents of the container of "equiBOLIC" were subsequently tested by the Racing Laboratory and were found to contain TFMPP.

9. On a second visit to Mr Harris' property in January 2006, Mr Harris was spoken to about the prohibited substance being found in the container of "equiBOLIC". He advised that he had been supplied the product by his Veterinary Surgeon, Mr Mike Brown, and that he had been using "equiBOLIC" for a long time for general use on his horses and it was given to provide a pick-me-up. Inquiries by the Racecourse Inspectors revealed that Mr Brown had supplied Mr Harris with two containers of "equiBOLIC" in July 2005.

10. TFMPP is a synthetic organic compound which does not occur naturally. It is similar to amphetamine and has no therapeutic use in a horse. Consultants' advice was to the effect that it is a synthetic fluorine-containing substance that would not be present in natural herbal products such as "equiBOLIC" unless it had been deliberately added to the ingredients of the container.

11. Inquiries established that some containers of "equiBOLIC" contained piperazine and others did not. Further containers of "equiBOLIC" were obtained from retail outlets. Subsequent testing of four containers of the product established that piperazine was an ingredient in two of the randomly-selected containers obtained from retail outlets.

12. NZTR, having made extensive inquiries, decided not to charge Mr Harris because, in accordance with Rule 1004 (2), Mr Harris had "taken all proper precautions to prevent the administration or presence of" the prohibited substance. In reaching such decision, NZTR took into account the following factors:

--

--

--

• Mr Harris purchased the two containers for his stable from his Veterinarian; --
  --
  --
• Mr Brown is a recognised equine Veterinarian; --
  --
  --
• The product "equiBOLIC" is labelled specifically for use by horses with the ingredients stipulated and the label states "CONTAINS NO PROHIBITED SUBSTANCE"; and --
  --
  --
• Mr Harris had acted in a manner of responsibility in that he had consulted his veterinarian and had purchased a substance that clearly stipulated on its packaging that it was safe for use on horses in training and racing. --

Mr A J Ryan, Counsel for the the owners and trainer of ALI GEE, had filed written submissions with the Registrar prior to the hearing in which it was stated that "the connections of ALI GEE accept that the Committee should make a ruling in accordance with the request made by New Zealand Thoroughbred Racing that it had administered to it a prohibited substance Piperazine, capable of affecting its speed, stamina, courage or conduct and that the horse should be disqualified from the race".

Rule 1004 (1) provides as follows:

Where the requirements of the Rule have been made out, the Judicial Committee has no discretion and disqualification of the horse is mandatory. In this instance, the Committee is satisfied that the matters required to be shown by Rule 1004 (1) have been made out by Mr McKenzie and, furthermore, there is no opposition from the connections of the horse, as is confirmed by Mr Ryan's submissions referred to above.

Accordingly, the Committee orders, pursuant to Rule 1004 (1), that ALI GEE be disqualified from first placing in the Bone Marrow Cancer Trust Maiden (Supported by Lyndsay Distributors), Race 2 of the meeting held by Canterbury Jockey Club at Riccarton Park on 9 November 2005. As a consequence of that disqualification, the amended placings for the Race are as follows:

1^st Rings of Gold

2^nd Le Centaur

3^rd Southern Courage

4^th Impulse

5^th No Morals

It is ordered that stakes be paid accordingly.

It is further ordered that the winning rider's fee of $351.56 and the winning training fee of $703.13, a total of $1,054.69, those amounts having already been paid or handed over, be refunded by either the owners in accordance with Rule 1109 (a) or the jockey and trainer in accordance with Rule 1103 (7) (b).

By Information 41307, New Zealand Thoroughbred Racing also sought an order against the owners of ALI GEE for "costs associated with inquiries by New Zealand Thoroughbred Racing into matters arising as a result of the detection of the prohibited substance". Written submissions have been received from Mr A J Ryan, Counsel for the owners and trainer, and Mr McKenzie, on behalf of NZTR, made detailed submissions to the Committee in support of an order for costs.

The Committee reserved its decision in relation to costs.

RG McKenzie

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 1004.1, 1004.2, 1109.a, 1103.7.b

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: