Non-Raceday Inquiry – T Wenn

hearingid: 75d04adaf8c09d4a911f817a7c60d025

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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decisiondate: no date provided

hearing_title: Non-Raceday Inquiry - T Wenn

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Decision:

That the horse CELEBES SEA was brought to the Rotorua Racecourse at Arawa Park and started in the Tongariro Chartered Club 2YO 1200 metre race at the meeting of Racing Rotorua on Wednesday the 14^th Day of February 2007 AND THAT such horse has administered to it a prohibited substance namely Heptaminol

Mr WENN is also notified that the following matter will be placed before the Judicial Committee as a request for a ruling

THAT the horse CELEBES SEA was brought to the Rotorua Racecourse at Arawa Park and started in the Tongariro Chartered Club 2YO 1200 metre race at the meeting of Racing Rotorua on Wednesday the 14^th day of February 2007 AND THAT such horse had administered to it a prohibited substance namely Heptaminol capable of affecting its speed, stamina, courage or conduct AND THAT by virtue thereof and of the provisions of Rule 1004(1) of the New Zealand Rules of Racing the said horse shall be disqualified from such race.

PLEA

Mr Wenn has admitted the charge preferred against him.

Mr J McKenzie for the informant has sought and obtained authority from the Racing Manager of Celebes Sea, Mr Andrew McLachlan for Mr Wenn to represent the Racing Syndicate at the enquiry.

SUMMARY

Mr McKenzie provided a Summary of Facts for the Committee which is summarised as follows

On the 14^th February 2007 the horse Celebes Sea started in and won the Tongariro Chartered Clubs 2 year old race at Arawa Park in Rotorua.

Following the race the horse was selected for a routine swab in accordance with NZTR protocol and directions.

Official analysis found the sample taken to contain the substance Heptaminol which is deemed a prohibited substance as defined under the NZTR Rules

Following advice from the Official Analyst on the 28^th February 2007, Racecourse Inspectors commenced inquiries.

CELEBES SEA is a 2YO chestnut filly by SHINKO KING (IRE) ? SYRIAN SEA (NZ). It is owned by Mrs Carole Lee McLachlan and leased to a partnership of ten persons including her husband Andrew Shane McLachlan, who is the registered racing manager.

On the 1^st March the racecourse Inspectors called at Mr Terry Wenn's training establishment. Mr Wenn was visibly shocked on being advised of the reason for the visit and immediately provided information as to what had happened.

He advised them in details of how he had called at his local veterinary clinic to source some Kynoselen to treat Celebes Sea. He was aware that there were two types of Kynoselen one of which contained a prohibited drug.

Following a discussion with staff at the clinic in the absence of the equine vets, Mr Wenn discussed his request with another partner Vet Dr WAUGH who specialises more with cattle.

As there was no Kynoselen on the shelf at the clinic, Dr Waugh was able to supply a bottle from his vehicle.

There remained some doubt in Mr Wenn's mind about the type of Kynoselen he had been supplied and it was tentatively arranged for an equine vet to be consulted, which apparently did not happen.

Mr McKenzie produced two similar and almost identical packages for the inspection of the Committee that were both labelled KYNOSELEN one containing the drug Heptaminol and the other without.

Mr Wenn purchased this on the 2^nd February 2007 and administered it to Celebes Sea last on the 13th February, the day before the race meeting at Rotorua. He had no further contact between times with his equine vet over the matter.

Kynoselen, like a number of other veterinary products, is supplied on the express proviso that such product is only administered by or under the direct supervision of a veterinary surgeon. No equine veterinarian had given any such instruction to Mr Wenn on this occasion.

Subsequent inquiries with the Veterinary practice staff confirmed Mr Wenn's explanation and at today's hearing Mr K ROONEY a veterinary surgeon for the practice gave evidence in which he acknowledged some failings on behalf of the veterinary service provided

Following the Summary of facts Mr McKenzie sought orders from the committee pursuant to rule 1004(1) for the disqualification of the horse Celebes Sea from race 4 at the Rotorua Racing Club meeting on the 14^th February 2007.

As the horse was presented to race containing a prohibited substance the committee has no option but to disqualify CELEBES SEA and the amended placings are

1^st RUSSIAN CONQUEST

2^nd SANSKY

3^rd PYRUMANIAC

4^th LADY LUCILLE

5^th CAPISTRANO CHARM

Mr McKenzie also sought an order for the return of prize money for the race less that still held by NZTR. This order is made.

Mr McKenzie submitted that the nature of the offending did not warrant a term of disqualification but believed nevertheless that the penalty must have a deterrent ingredient.

He said Mr Wenn was a victim of error in that he was badly let down by the veterinary practice. That did not however absolve him of his responsibilities

Mr McKenzie asked for a penalty by way of fine in the region of $4000 to $4500

and an order for costs to NZTR of $1500 as well as Judicial Control Authority costs.

Mr Wenn had no objection to the imposition of fine and costs in that region.

The committee has considered all submissions and have taken into account the following

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1. Mr Wenn your early guilty plea and the cooperation extended to the race course inspectors from the outset of this inquiry

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2. Your explanation has been verified by the veterinary service employed and we also commend them for their responsible and forthright attitude shown toward this inquiry. However it is not for us to comment on their liability or indeed any redress between both parties.
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3. However Mr Wenn as you are aware the final responsibility as a trainer is to ensure your horses are produced drug free on race day
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4. Whilst you took steps to ensure the medication you administered to Celebes Sea was drug free pursuant to Appendix (6) we are of the opinion those steps fell short of those required to exonerate you.
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5. Integrity in New Zealand racing is paramount and even though in this particular case negligence is at the low end of the scale, the penalty must reflect a deterrent element.

Accordingly we see no reason to depart from Mr McKenzie's recommendation as to penalty.

R.M. SEABROOK (Chairman)                                          J.N. HOLLOWAY

29^th March 2007

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Rules: 1004.3, 1004.1

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