Non-Raceday Inquiry – A W Pike & M Donoghue

hearingid: fa6a102ecdc97d250fdc3202fc48f036

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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 - A W Pike & M Donoghue

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The Judicial Committee convened to consider and determine Information No. 0883 filed against Licensed Trainers A W Pike and M Donoghue.  The joint charge against the two read as follows :

BEFORE A JUDICIAL COMMITTEE

AT TE RAPA, HAMILTON

                                                                       IN THE MATTER    of the New Zealand Rules

                                                                                                          of Racing        

                                                                       BETWEEN               New Zealand Thoroughbred

                                                                                                          Racing

                                                                                                                                    Informant     

                                                                       AND                           ANTHONY WAYNE PIKE and MARK DONOGHUE

                                                                                                                                    Defendants

DATE OF HEARING                                  Friday 22 August 2008

VENUE                                                         Te Rapa Racecourse, Hamilton

PRESENT                                                   Mr A W Pike

                                                                       Mr M Donoghue

                                                                       Mr J W McKenzie (Informant)

                                                                       Mr B F McKenzie

JUDICIAL COMMITTEE                           Mr R M Seabrook (Chairman)

                                                                       Mr J Holloway

_______________________________________________________________________

The Judicial Committee convened to consider and determine Information No. 0883 filed against Licensed Trainers A W Pike and M Donoghue.  The joint charge against the two read as follows :

          That the horse BLACK WATCH was brought to the racecourse at Avondale for the purpose of engaging in the Members 1400 race at the meeting of the Avondale Jockey Club on Saturday the 19^th July 2008 (in which said race such horse started) AND THAT such horse had had administered to it a prohibited substance, namely Ketoprofen, capable of affecting its speed, stamina, courage or conduct in breach of Rule 1004 92) AND THAT you were the trainers of the horse AND THAT by virtue thereof you are liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1004 (3) of the New Zealand Rules of Racing unless you satisfy the Committee that you had taken all proper precautions to prevent the administration of such prohibited substance.

Rule 1004 (2) provides as follows :

          Where any horse which has been brought to any racecourse or similar racing facility for the purpose of engaging in any race or trial to which the fifth appendix hereto applies is found by any Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism any prohibited substance, capable of affecting its speed, stamina, courage or conduct, the trainer and any other person who in the opinion of any Tribunal conducting an inquiry was in charge of such horse at any relevant time commits a breach of these Rules unless he satisfies the tribunal that he had taken all proper precautions to present the administration or presence of such prohibited substance.

The Informant, Chief Racecourse Inspector Mr J W McKenzie represented New Zealand Thoroughbred Racing and produced written authority from the Chief Executive of New Zealand Thoroughbred Racing to file the information/s relating to this matter.

At the commencement of the hearing, both Defendants admitted the charge.

SUMMARY OF FACTS

This matter pertains to a positive swab to the horse BLACK WATCH, which raced and won at the race meeting of the Avondale Jockey Club, on Saturday 19^th July 2008.

BLACK WATCH is a 2002 bay gelding by Starjo - Tipsy Gipsy.  It is owned by Mr D M MacKenzie of Hamilton, and trainer by the partnership of Messrs Anthony (Tony) Pike and Mark Donoghue at Cambridge.

On Saturday 19^th July 2008, BLACK WATCH raced in Race 6, a Rating 70 1400m event and won.  The horse was taken to the swabbing facilities following the race and was attended to by Christine Backstrom, a registered stable hand who is employed by the trainers.  She was present throughout the swabbing process and has confirmed she witnessed the collection of the urine by the swabbing attendant, and signed off the documentation following the sample having been placed into the appropriate bottles.  Upon analysis the sample was found to contain Ketoprofen, a prohibited substance as defined in the New Zealand Rules of Racing.

On Thursday 31 July 2008, the Racecourse Inspectors, Messrs J W McKenzie and B F McKenzie, called at the training facility of Tony Pike and Mark Donoghue, at Nagar Lane, Cambridge.

When advised of the analyst's findings and having been handed a copy of the Certificate of Analysis, both trainers expressed complete surprise at the result.  Both stated no administration of Ketoprofen had been administered to either BLACK WATCH or any other horse in the stable.  Both stated the only administration by injection was always carried out by a veterinarian and no such administration had been sought.  Further discussion took place searching for an explanation and Tony Pike referred to the fact that the only preparation that had been used on BLACK WATCH was Oruvail Gel.  This was for treatment of a bump on the leg that BLACK WATCH had received while in his box and their veterinarian had provided and prescribed that they rub the gel onto the area of the leg in question daily, but to cease 48 hours (two days) prior to racing.

Both trainers concurred with the advice given by Dr Ian Mackay (Cambridge Veterinary Clinic), the veterinarian they engage for their veterinary work.

Both trainers, upon reflection, thought BLACK WATCH had been treated as directed for a period of 5 days and treatment had stopped as directed 48 hours prior to racing on the 19^th July.

Ketoprofen is a human and veterinary medicine usually administered to horses by injection.  It can be administered to small animals by tablet form.  The human preparation is administered by gel (Oruvail gel) or capsules.

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hearing_type: Old Hearing

Rules: 1004.3, 1004.2, 1004.1

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