Non Raceday Inquiry – NZTR v JG Sargent – 28 October 2010 – Decision
ID: JCA11431
Decision:
Mr Sargent appeared before the Committee to answer a charge filed against him by Racecourse Inspector Mr RD Scott such charge being pursuant to Rule 804(2) of the New Zealand Rules of Racing and being lodged by Mr Scott under Information number 61911.
The charge read as follows:
“That the horse KIWI HUSSLER was brought to the Racecourse at Ashburton for the purpose of engaging in the Champion 2YO Edenwold At Berkley Stud Handicap 1400 Rating 75 race at the meeting of the Ashburton Racing Club on Friday 3 September 2010, (in which said race such horse started) AND THAT KIWI HUSSLER had had administered to it a prohibited substance, namely 3-Hydroxylignocaine, capable of affecting its speed, stamina, courage or conduct in breach of Rule 804(2) AND THAT you were the Trainer 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 804(6) 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 804(2) states:
“When a horse which has been brought to a Racecourse or similar racing facility for the purpose of engaging in a Race or trial to which the Third Appendix hereto applies is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance, capable of affecting its speed, stamina, courage or conduct, the Trainer and any other person who in the opinion of such Tribunal conducting such 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 prevent the administration or presence of such Prohibited Substance.”
Rule 804(6) states:
“A person who commits a breach of sub-Rule (2) or (3) or (4) or (5) of this Rule shall be liable to:
(a) be disqualified for a period not exceeding five years; and/or
(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or
(c) a fine not exceeding $25,000.00.
Mr Scott also lodged pursuant to Information no: 41754 a Request for a Ruling as follows:
“That the horse KIWI HUSSLER was brought to the Racecourse at Ashburton and started in the Champion 2YO Edenwold at Berkley Stud Handicap 1400 Rated 75 race at the meeting of the Ashburton Racing Club on Friday 3 September 2010 AND THAT such horse had had administered to it a prohibited substance, namely 3-Hydroxylignocaine, capable of affecting its speed, stamina, courage or conduct AND THAT by virtue thereof and of the provisions of Rule 804(7) of the New Zealand Rules of Racing the said horse shall be disqualified from the said race”.
Rule 804(7) states:
“Any horse connected with a breach of sub-Rule (2) or (3) or (4) or (5) of this Rule shall be, in addition to any other penalty which may be imposed, disqualified from any Race or trial to which the Third Appendix hereto applies and/or be liable to a period of disqualification not exceeding five years.”
Mr Sargent was present and acknowledged that he had been served with the charge and at the time of service was also provided with copies of both of the above Rules and a notification of the time and date of Hearing.
Mr Sargent also advised this Committee that he admitted the charge but that in doing so he did not admit to any administration of a prohibited substance to KIWI HUSSLER by himself or his staff.
Mr Sargent as the administrator of the owners of KIWI HUSSLER acknowledged service of the Information Request for a Ruling and advised this Committee that he represented the owners of the horse.
Mr John McKenzie advised the Committee that although Racecourse Inspector Mr Robin Scott was the Informant that at this Hearing he was representing NZTR.
SUMMARY OF FACTS presented by Mr J McKenzie:
1. Mr McKenzie presented to this Committee the appropriate Authority from NZ Thoroughbred Racing Inc to proceed with the charge against Mr Sargent and to request a Ruling that the horse KIWI HUSSLER be disqualified from the Race in question.
2. KIWI HUSSLER is a 5 yr bay gelding which is trained by Licensed Trainer Jonathon (Jon) Sargent. Mr Sargent holds a Class A Trainers License. Mr Sargent operates two training venues, his home stable is at Matamata and as from the 15 August 2010 he has had a satellite stable based at Riccarton Racecourse. Mr Andrew Carston is the stable foreperson at Christchurch for Mr Sargent.
3. The horse has ten (10) owners and the registered racing Administrator is Mr Sargent. A copy of the NZTR ownership records were produced to the Committee and acknowledged by Mr Sargent.
4. KIWI HUSSLER was started in the Champion 2YO Edenwold at Berkley Stud Handicap 1400 Rating 75, Race 7, carded horse No. 9 at Ashburton Races on Friday 3 September 2010.
5. KIWI HUSSLER won the race. NZTR race result records were produced to this Committee.
6. KIWI HUSSLER was selected for a routine swab, and was accompanied to the swab box by Mr Andrew Carston.
7. The swabbing was carried out in accordance with the directives of NZTR with the collection of the urine sample and the relevant documentation attended to before the sealing of the samples for dispatch to New Zealand Racing Laboratory Services, at the end of the day, together with the other horses’ samples that had been collected during the day’s racing.
8. The urine sample collected from KIWI HUSSLES was issued with a NZTR swab card with the unique No. 14404. This card was produced and acknowledge by Mr Sargent.
9. On the 15 September 2010, the NZTR official racing analyst, by way of a Certificate of Analysis identified that the urine sample NZTR No. 14404 was received in the laboratory, on the 7 September 2010 with all the seals intact and was given a laboratory number 10/5375. The Analyst reported that the urine sample contained 3-Hydroxylignocaine, which is a metabolite of Lignocaine.
The control sample was negative and a copy of this Certificate was produced and acknowledge by Mr Sargent.
10. Lignocaine is a prohibited substance as defined under Rule 104 of the NZ Rules of Racing. Dr Andrew Grierson, New Zealand Veterinary Consultant for New Zealand Thoroughbred Racing, has prepared a written opinion that Lignocaine and its metabolites are as defined, are Prohibited Samples. Dr Grierson also stated Lignocaine has a withholding period of 3 days. This Certificate was also produced to the Committee.
11. On the 17 September 2010 Racecourse Inspector RD Scott accompanied by Stipendiary Steward Mr Jeff McLaughlin went to Mr Sargent’s stables at Riccarton Park, Christchurch. Mr Carston was located there and advised of the positive finding and was given a copy of the Certificate of Analysis issued by the analysts, referring to NZTR swab card No. 14404.
12. Mr Carston’s initial reaction was one of disbelief. He claimed that there was no Lignocaine or similar product in the stables and none of the stable horses had been treated with it.
13. Extensive inquiries and questioning of Mr Carston and his staff failed to identify the source for KIWI HUSSLER’S urine returning a positive swab to the metabolite of Lignocaine, 3-Hydroxylignocaine.
14. Mr Sargent who at that time was located in Matamata, was also spoken to by telephone and later faxed a copy of the Certificate of Analysis. Mr Sargent and Mr Carston appeared quite dumb founded and were not able to explain how this positive swab happened.
15. The only products that Mr Carston referred to that had been used on his horses were, Cetrisol V4 and a homemade remedy for mud fever, supplied to Mr Carston by a fellow Trainer. These samples were sent to the Laboratory for analysis under the explanatory report produced and shown to this Committee.
16. The Laboratory analysed the material and reported back to NZTR in a Certificate produced to this Committee.
17. In summary the two exhibits taken from the stable, both tested negative to Lignocaine and or it’s metabolites.
18. On the first day NZTR staff called at the Riccarton Park stables, following initial inquiries, Mr Robin Scott took a written statement from Mr Carston. In his statement, Mr Carston confirmed that he was the foreman for the Jon Sargent Racing Stable based at Riccarton Park. He also said that if there was a need for a veterinarian to attend to any of the horses he would normally contact the local firm but would also advise Mr Sargent. He said he was in regular contact with Mr Sargent.
Mr Carston said he had no problem with the swabbing procedures on the day.
Mr Carston said that the only treatment for KIWI HUSSLER was for mud fever and this involved applying an antiseptic cream named Cetrisol and a homemade mix given to him by another local Trainer. He confirmed that he was very cautious with the homemade mix. Mr Carston said that the horse had had nothing else and he had made a diary entry as to what substances had been given to the horse and he had shown the diary to Mr Scott. This statement was produced to this Committee.
19. On the 21 September Mr Scott had a further interview with Mr Carston and again obtained a written statement. Mr Carston confirmed that when he moved into the old visitors stables at Riccarton Park he converted one box in the stable for the gear room. He said that the box was completely sealed to prevent any person gaining unauthorised entry and he had a large padlock on the door. He said that if any person gained unauthorised entry it would be obvious and that had not happened.
Mr Carston also said that his feed room was opposite the gear room and it contained only the bag of feed that he was using at the time. Any other feed is in three lockable sheds just outside the stable and these are locked when not in use.
Mr Carston said that the stable drug cabinet consists of a new heavy plastic toolbox with a padlock and this is kept inside the locked gear room. He said that he had the only key to this box and he makes a diary entry in a book when he uses any of the drugs. He said that any swabable drug in the box remained unopened until the 4th of September 2010.
He confirmed that he was only treating KIWI HUSSLER for mud fever.
Mr Carston said that prior to his team moving into the stables they had been used as visitors’ stables for the Grand National Meeting. He said that when he moved in he scrubbed the feed bins and generally tidied up but he did not scrub the walls. This statement was also produced to this Committee.
20. As a result of there being no satisfactory explanation, or presence of a substance containing Lignocaine the reserve sample of urine taken on the Race Day relating to KIWI HUSSLER was forwarded by the New Zealand Racing Laboratory Services to the Australian Racing Forensic Laboratory in Queensland for confirmatory testing.
21. On the 6 October 2010 the Australian Laboratory, of the Queensland Government, Racing Science Centre, confirmed that the reserve sample, with NZTR documentation card No. 14404 had tested positive to 3-Hydroxylignocaine. This confirmation was produced to this Committee.
22. On Monday the 11 October 2010 a further interview took place with all staff at Riccarton Park; initially at the stables of Mr Sargent and then in the Judicial Room in the main stand.
23. The purpose of this interview was to ensure all possible information had been considered, and to address all possible causes for the positive swab from KIWI HUSSLER. The detection of the presence of the metabolite 3-Hydroxylignocaine was explained that it was the result of having had Lignocaine pass through the metabolism of the horse. It was not a case of stable or clinical contamination. It was as a result of the substance having been ingested or administered into the metabolism of the horse.
24. The administration of the Lignocaine by injection was discussed. The administration of using a product such as paraderm, by way of applying it onto a part of the horse’s exterior (eg legs) was discussed. Neither proposition resulted in any information that might assist the inquiry.
25. What did come to light was the finding by stable rider David Walsh, some two weeks earlier (approximately the 27 September 2010) of a needle with a plastic cover in the vicinity of the wash bay and outside stable sheds. It was a small needle but not inconsistent with one that could have been used for the administration of a substance such as Lignocaine. A photograph was taken of this exhibit which was sent for analysis by NZRLS and it was produced to this Committee.
26. The result of this analysis sent under separate cover is contained in a Certificate from NZRLS and this also was produced.
27. This inquiry has been frustrating for the staff of Mr Sargent who operate the stable at Riccarton Park. Every effort has been made by them to assist the inquiry.
28. Stable records were perused by NZTR staff and they are indeed a credit to Mr Carston who had been responsible for the management of the stable in Christchurch. A copy of these records was produced for the information of the Committee.
29. It is not often that some form of explanation is not found as to the cause of the administration. This in itself causes huge suspicion in areas that can not offer any assistance.
30. It is acknowledged that the location of this stable block in the grounds of Riccarton Park, at the Racecourse, is subject to considerable foot traffic, not only by those involved in the industry but others who use the thoroughfare as a means of access from one part of the Racecourse to gain access to another. Many of those people will be purely recreational, although others could have nefarious intent.
31. Trainers have reported damage to rails on the track and surrounding stable paddocks. The course’s irrigation system has been vandalized.
32. Regardless of whatever one might speculate, it is a fact that very few stables have twenty four hour surveillance and therefore there is the opportunity for miscreants to make their mark.
33. To his credit Mr Sargent who was not present during the days before the race meeting when the administration of Lignocaine took place but has accepted that he is at all time vicariously responsible for his horses, wherever they might be stabled.
34. It is very difficult for horses, or for that matter, for any animal to be under constant surveillance and control at all times.
35. There is nothing in the investigation of the NZTR Investigators that has determined the cause of the administration.
36. The plea of guilty by Mr Sargent is to his credit and in accord with many before him who operate a big training operation where many horses are involved, numerous staff are in attendance. The positive swab is of huge concern to Mr Sargent mainly because a source of the administration has not been determined, despite due diligence by his staff at a satellite stable, and the impeccable bookkeeping records of the stable activities.
37. This positive swab remains a mystery for which Mr Sargent has accepted vicarious responsibility while having no part in the administration.
Mr Sargent acknowledged the Summary of Facts presented by Mr McKenzie and said that the summary presented a fair assessment of the facts.
SUMMARY OF FACTS presented by Mr JG Sargent:
1. Mr Sargent advised this Committee that he had been a Licensed Trainer for approximately 30 years and during that period had also trained in Singapore/Malaysia for five years.
2. Mr Sargent told this Committee that in those 30 years he had not faced a drug or prohibited substance charge.
3. Mr Sargent says that he prides himself on the setup and operation of his stable. He said that on the 23 August 2010 Mr Brian McKenzie (Racecourse Inspector) undertook a random inspection of his stables at Matamata. Mr Sargent has 84 horses in his stables at Matamata and nothing irregular was found as a result of the random inspection.
4. He further said that on the 31 August 2010 Mr Robin Scott (Racecourse Inspector) undertook a random inspection of Mr Sargent’s Riccarton stables and again did not find anything irregular and in particular did not find any evidence of Lignocaine.
Mr Sargent said that the only horse being treated at his Riccarton stable was Young Centaur and that this horse was being treated by his vet Mr Murfitt.
5. Mr Sargent produced to this Committee a letter from his Matamata vet Mr Keenan from Matamata Veterinary Services. Mr Keenan confirmed his position as the primary veterinarian for the stable and that he interacts with Jon Sargent or his forepersons. He went on to state “when medication of horses that are close to racing is required the issue of detection times is always discussed and considered prior to treatment. The Medication Detection List as supplied to the members of the New Zealand Equine Veterinarian Association is the guideline used. At all times the treatment of racehorses is done within the confines of these guidelines.”
6. Mr Sargent also produced a letter from his Christchurch veterinarian Dr CG Murfitt and in that letter Dr Murfitt confirmed that his practice had served as veterinarians to Mr Sargent’s Riccarton stables since operations began in August 2010. Dr Murfitt confirmed that at the time of the positive drug test returned by KIWI HUSSLER that the only horse his practice was treating at the stable was Young Centaur.
7. Dr Murfitt advised that after having had a discussion with Racecourse Inspector Mr Scott that he visited Mr Sargent’s stables and could not find any evidence of Lignocaine or any product containing Lignocaine and he confirmed that he was at a loss to determine how KIWI HUSSLER had returned a positive test to Lignocaine.
8. Mr Sargent confirmed that his foreman Mr Andrew Carston only started with him on the 1August 2010. Prior to that Mr Carston had been stable foreman for another very large and successful stable for about 10 years. Mr Sargent said that during that time that stable had no drug problems.
9. Mr Sargent also pointed out that Mr Carston was absolutely meticulous with his record keeping as had been shown by the copies of the records that had been produced to the Committee by Mr McKenzie.
10. Mr Sargent at that stage asked Mr McKenzie what the strength of the Lignocaine was. Mr McKenzie said that most laboratories do not do a quantative analysis but rather advise whether the substance is present or not. Mr McKenzie did say that the substance had become a metabolite towards the end of its withholding period. Mr Sargent
Penalty:
PENALTY
1. The Committee therefore imposes a fine of $6,000.00 on Mr Sargent and in addition to that orders him also to pay the sum of $1,223.00 being the cost of the analysis of the reserve sample and further this Committee orders that he pays costs of $1,000.00 to NZTR and $650.00 to the JCA.
2. There is also an Order that the owners of KIWI HUSSLER repay the full stake money earned by the horse from the race that is subject to the charge. The Committee has been advised that the stake money minus the Trainer’s percentage and the Jockey’s fee has been retained by NZTR and therefore the owners need to repay those amounts so that the full stake money is then available for distribution in terms of the amended placings for the race.
3. This Committee has today disqualified KIWI HUSSLER from the first placing in the Champion 2YO Edenwold At Berkley Stud Handicap 1400 Rating 75 race at the meeting of the Ashburton Racing Club on Friday 3 September 2010 and the amended placings will now be:
1st Princess Shyla
2nd Midilans
3rd Ishiaroyal
4th Miss Holland
5th Will I am
BJ Scott Mrs N Moffatt
Chairman Committee
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 09/11/2010
Publish Date: 09/11/2010
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 1bdceb2b34804e3718dd1cf6835bef35
informantnumber: 61911
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 09/11/2010
hearing_title: Non Raceday Inquiry - NZTR v JG Sargent - 28 October 2010 - Decision
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Sargent appeared before the Committee to answer a charge filed against him by Racecourse Inspector Mr RD Scott such charge being pursuant to Rule 804(2) of the New Zealand Rules of Racing and being lodged by Mr Scott under Information number 61911.
The charge read as follows:
“That the horse KIWI HUSSLER was brought to the Racecourse at Ashburton for the purpose of engaging in the Champion 2YO Edenwold At Berkley Stud Handicap 1400 Rating 75 race at the meeting of the Ashburton Racing Club on Friday 3 September 2010, (in which said race such horse started) AND THAT KIWI HUSSLER had had administered to it a prohibited substance, namely 3-Hydroxylignocaine, capable of affecting its speed, stamina, courage or conduct in breach of Rule 804(2) AND THAT you were the Trainer 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 804(6) 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 804(2) states:
“When a horse which has been brought to a Racecourse or similar racing facility for the purpose of engaging in a Race or trial to which the Third Appendix hereto applies is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance, capable of affecting its speed, stamina, courage or conduct, the Trainer and any other person who in the opinion of such Tribunal conducting such 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 prevent the administration or presence of such Prohibited Substance.”
Rule 804(6) states:
“A person who commits a breach of sub-Rule (2) or (3) or (4) or (5) of this Rule shall be liable to:
(a) be disqualified for a period not exceeding five years; and/or
(b) be suspended from holding or obtaining a Licence for a period not exceeding 12 months. If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or
(c) a fine not exceeding $25,000.00.
Mr Scott also lodged pursuant to Information no: 41754 a Request for a Ruling as follows:
“That the horse KIWI HUSSLER was brought to the Racecourse at Ashburton and started in the Champion 2YO Edenwold at Berkley Stud Handicap 1400 Rated 75 race at the meeting of the Ashburton Racing Club on Friday 3 September 2010 AND THAT such horse had had administered to it a prohibited substance, namely 3-Hydroxylignocaine, capable of affecting its speed, stamina, courage or conduct AND THAT by virtue thereof and of the provisions of Rule 804(7) of the New Zealand Rules of Racing the said horse shall be disqualified from the said race”.
Rule 804(7) states:
“Any horse connected with a breach of sub-Rule (2) or (3) or (4) or (5) of this Rule shall be, in addition to any other penalty which may be imposed, disqualified from any Race or trial to which the Third Appendix hereto applies and/or be liable to a period of disqualification not exceeding five years.”
Mr Sargent was present and acknowledged that he had been served with the charge and at the time of service was also provided with copies of both of the above Rules and a notification of the time and date of Hearing.
Mr Sargent also advised this Committee that he admitted the charge but that in doing so he did not admit to any administration of a prohibited substance to KIWI HUSSLER by himself or his staff.
Mr Sargent as the administrator of the owners of KIWI HUSSLER acknowledged service of the Information Request for a Ruling and advised this Committee that he represented the owners of the horse.
Mr John McKenzie advised the Committee that although Racecourse Inspector Mr Robin Scott was the Informant that at this Hearing he was representing NZTR.
SUMMARY OF FACTS presented by Mr J McKenzie:
1. Mr McKenzie presented to this Committee the appropriate Authority from NZ Thoroughbred Racing Inc to proceed with the charge against Mr Sargent and to request a Ruling that the horse KIWI HUSSLER be disqualified from the Race in question.
2. KIWI HUSSLER is a 5 yr bay gelding which is trained by Licensed Trainer Jonathon (Jon) Sargent. Mr Sargent holds a Class A Trainers License. Mr Sargent operates two training venues, his home stable is at Matamata and as from the 15 August 2010 he has had a satellite stable based at Riccarton Racecourse. Mr Andrew Carston is the stable foreperson at Christchurch for Mr Sargent.
3. The horse has ten (10) owners and the registered racing Administrator is Mr Sargent. A copy of the NZTR ownership records were produced to the Committee and acknowledged by Mr Sargent.
4. KIWI HUSSLER was started in the Champion 2YO Edenwold at Berkley Stud Handicap 1400 Rating 75, Race 7, carded horse No. 9 at Ashburton Races on Friday 3 September 2010.
5. KIWI HUSSLER won the race. NZTR race result records were produced to this Committee.
6. KIWI HUSSLER was selected for a routine swab, and was accompanied to the swab box by Mr Andrew Carston.
7. The swabbing was carried out in accordance with the directives of NZTR with the collection of the urine sample and the relevant documentation attended to before the sealing of the samples for dispatch to New Zealand Racing Laboratory Services, at the end of the day, together with the other horses’ samples that had been collected during the day’s racing.
8. The urine sample collected from KIWI HUSSLES was issued with a NZTR swab card with the unique No. 14404. This card was produced and acknowledge by Mr Sargent.
9. On the 15 September 2010, the NZTR official racing analyst, by way of a Certificate of Analysis identified that the urine sample NZTR No. 14404 was received in the laboratory, on the 7 September 2010 with all the seals intact and was given a laboratory number 10/5375. The Analyst reported that the urine sample contained 3-Hydroxylignocaine, which is a metabolite of Lignocaine.
The control sample was negative and a copy of this Certificate was produced and acknowledge by Mr Sargent.
10. Lignocaine is a prohibited substance as defined under Rule 104 of the NZ Rules of Racing. Dr Andrew Grierson, New Zealand Veterinary Consultant for New Zealand Thoroughbred Racing, has prepared a written opinion that Lignocaine and its metabolites are as defined, are Prohibited Samples. Dr Grierson also stated Lignocaine has a withholding period of 3 days. This Certificate was also produced to the Committee.
11. On the 17 September 2010 Racecourse Inspector RD Scott accompanied by Stipendiary Steward Mr Jeff McLaughlin went to Mr Sargent’s stables at Riccarton Park, Christchurch. Mr Carston was located there and advised of the positive finding and was given a copy of the Certificate of Analysis issued by the analysts, referring to NZTR swab card No. 14404.
12. Mr Carston’s initial reaction was one of disbelief. He claimed that there was no Lignocaine or similar product in the stables and none of the stable horses had been treated with it.
13. Extensive inquiries and questioning of Mr Carston and his staff failed to identify the source for KIWI HUSSLER’S urine returning a positive swab to the metabolite of Lignocaine, 3-Hydroxylignocaine.
14. Mr Sargent who at that time was located in Matamata, was also spoken to by telephone and later faxed a copy of the Certificate of Analysis. Mr Sargent and Mr Carston appeared quite dumb founded and were not able to explain how this positive swab happened.
15. The only products that Mr Carston referred to that had been used on his horses were, Cetrisol V4 and a homemade remedy for mud fever, supplied to Mr Carston by a fellow Trainer. These samples were sent to the Laboratory for analysis under the explanatory report produced and shown to this Committee.
16. The Laboratory analysed the material and reported back to NZTR in a Certificate produced to this Committee.
17. In summary the two exhibits taken from the stable, both tested negative to Lignocaine and or it’s metabolites.
18. On the first day NZTR staff called at the Riccarton Park stables, following initial inquiries, Mr Robin Scott took a written statement from Mr Carston. In his statement, Mr Carston confirmed that he was the foreman for the Jon Sargent Racing Stable based at Riccarton Park. He also said that if there was a need for a veterinarian to attend to any of the horses he would normally contact the local firm but would also advise Mr Sargent. He said he was in regular contact with Mr Sargent.
Mr Carston said he had no problem with the swabbing procedures on the day.
Mr Carston said that the only treatment for KIWI HUSSLER was for mud fever and this involved applying an antiseptic cream named Cetrisol and a homemade mix given to him by another local Trainer. He confirmed that he was very cautious with the homemade mix. Mr Carston said that the horse had had nothing else and he had made a diary entry as to what substances had been given to the horse and he had shown the diary to Mr Scott. This statement was produced to this Committee.
19. On the 21 September Mr Scott had a further interview with Mr Carston and again obtained a written statement. Mr Carston confirmed that when he moved into the old visitors stables at Riccarton Park he converted one box in the stable for the gear room. He said that the box was completely sealed to prevent any person gaining unauthorised entry and he had a large padlock on the door. He said that if any person gained unauthorised entry it would be obvious and that had not happened.
Mr Carston also said that his feed room was opposite the gear room and it contained only the bag of feed that he was using at the time. Any other feed is in three lockable sheds just outside the stable and these are locked when not in use.
Mr Carston said that the stable drug cabinet consists of a new heavy plastic toolbox with a padlock and this is kept inside the locked gear room. He said that he had the only key to this box and he makes a diary entry in a book when he uses any of the drugs. He said that any swabable drug in the box remained unopened until the 4th of September 2010.
He confirmed that he was only treating KIWI HUSSLER for mud fever.
Mr Carston said that prior to his team moving into the stables they had been used as visitors’ stables for the Grand National Meeting. He said that when he moved in he scrubbed the feed bins and generally tidied up but he did not scrub the walls. This statement was also produced to this Committee.
20. As a result of there being no satisfactory explanation, or presence of a substance containing Lignocaine the reserve sample of urine taken on the Race Day relating to KIWI HUSSLER was forwarded by the New Zealand Racing Laboratory Services to the Australian Racing Forensic Laboratory in Queensland for confirmatory testing.
21. On the 6 October 2010 the Australian Laboratory, of the Queensland Government, Racing Science Centre, confirmed that the reserve sample, with NZTR documentation card No. 14404 had tested positive to 3-Hydroxylignocaine. This confirmation was produced to this Committee.
22. On Monday the 11 October 2010 a further interview took place with all staff at Riccarton Park; initially at the stables of Mr Sargent and then in the Judicial Room in the main stand.
23. The purpose of this interview was to ensure all possible information had been considered, and to address all possible causes for the positive swab from KIWI HUSSLER. The detection of the presence of the metabolite 3-Hydroxylignocaine was explained that it was the result of having had Lignocaine pass through the metabolism of the horse. It was not a case of stable or clinical contamination. It was as a result of the substance having been ingested or administered into the metabolism of the horse.
24. The administration of the Lignocaine by injection was discussed. The administration of using a product such as paraderm, by way of applying it onto a part of the horse’s exterior (eg legs) was discussed. Neither proposition resulted in any information that might assist the inquiry.
25. What did come to light was the finding by stable rider David Walsh, some two weeks earlier (approximately the 27 September 2010) of a needle with a plastic cover in the vicinity of the wash bay and outside stable sheds. It was a small needle but not inconsistent with one that could have been used for the administration of a substance such as Lignocaine. A photograph was taken of this exhibit which was sent for analysis by NZRLS and it was produced to this Committee.
26. The result of this analysis sent under separate cover is contained in a Certificate from NZRLS and this also was produced.
27. This inquiry has been frustrating for the staff of Mr Sargent who operate the stable at Riccarton Park. Every effort has been made by them to assist the inquiry.
28. Stable records were perused by NZTR staff and they are indeed a credit to Mr Carston who had been responsible for the management of the stable in Christchurch. A copy of these records was produced for the information of the Committee.
29. It is not often that some form of explanation is not found as to the cause of the administration. This in itself causes huge suspicion in areas that can not offer any assistance.
30. It is acknowledged that the location of this stable block in the grounds of Riccarton Park, at the Racecourse, is subject to considerable foot traffic, not only by those involved in the industry but others who use the thoroughfare as a means of access from one part of the Racecourse to gain access to another. Many of those people will be purely recreational, although others could have nefarious intent.
31. Trainers have reported damage to rails on the track and surrounding stable paddocks. The course’s irrigation system has been vandalized.
32. Regardless of whatever one might speculate, it is a fact that very few stables have twenty four hour surveillance and therefore there is the opportunity for miscreants to make their mark.
33. To his credit Mr Sargent who was not present during the days before the race meeting when the administration of Lignocaine took place but has accepted that he is at all time vicariously responsible for his horses, wherever they might be stabled.
34. It is very difficult for horses, or for that matter, for any animal to be under constant surveillance and control at all times.
35. There is nothing in the investigation of the NZTR Investigators that has determined the cause of the administration.
36. The plea of guilty by Mr Sargent is to his credit and in accord with many before him who operate a big training operation where many horses are involved, numerous staff are in attendance. The positive swab is of huge concern to Mr Sargent mainly because a source of the administration has not been determined, despite due diligence by his staff at a satellite stable, and the impeccable bookkeeping records of the stable activities.
37. This positive swab remains a mystery for which Mr Sargent has accepted vicarious responsibility while having no part in the administration.
Mr Sargent acknowledged the Summary of Facts presented by Mr McKenzie and said that the summary presented a fair assessment of the facts.
SUMMARY OF FACTS presented by Mr JG Sargent:
1. Mr Sargent advised this Committee that he had been a Licensed Trainer for approximately 30 years and during that period had also trained in Singapore/Malaysia for five years.
2. Mr Sargent told this Committee that in those 30 years he had not faced a drug or prohibited substance charge.
3. Mr Sargent says that he prides himself on the setup and operation of his stable. He said that on the 23 August 2010 Mr Brian McKenzie (Racecourse Inspector) undertook a random inspection of his stables at Matamata. Mr Sargent has 84 horses in his stables at Matamata and nothing irregular was found as a result of the random inspection.
4. He further said that on the 31 August 2010 Mr Robin Scott (Racecourse Inspector) undertook a random inspection of Mr Sargent’s Riccarton stables and again did not find anything irregular and in particular did not find any evidence of Lignocaine.
Mr Sargent said that the only horse being treated at his Riccarton stable was Young Centaur and that this horse was being treated by his vet Mr Murfitt.
5. Mr Sargent produced to this Committee a letter from his Matamata vet Mr Keenan from Matamata Veterinary Services. Mr Keenan confirmed his position as the primary veterinarian for the stable and that he interacts with Jon Sargent or his forepersons. He went on to state “when medication of horses that are close to racing is required the issue of detection times is always discussed and considered prior to treatment. The Medication Detection List as supplied to the members of the New Zealand Equine Veterinarian Association is the guideline used. At all times the treatment of racehorses is done within the confines of these guidelines.”
6. Mr Sargent also produced a letter from his Christchurch veterinarian Dr CG Murfitt and in that letter Dr Murfitt confirmed that his practice had served as veterinarians to Mr Sargent’s Riccarton stables since operations began in August 2010. Dr Murfitt confirmed that at the time of the positive drug test returned by KIWI HUSSLER that the only horse his practice was treating at the stable was Young Centaur.
7. Dr Murfitt advised that after having had a discussion with Racecourse Inspector Mr Scott that he visited Mr Sargent’s stables and could not find any evidence of Lignocaine or any product containing Lignocaine and he confirmed that he was at a loss to determine how KIWI HUSSLER had returned a positive test to Lignocaine.
8. Mr Sargent confirmed that his foreman Mr Andrew Carston only started with him on the 1August 2010. Prior to that Mr Carston had been stable foreman for another very large and successful stable for about 10 years. Mr Sargent said that during that time that stable had no drug problems.
9. Mr Sargent also pointed out that Mr Carston was absolutely meticulous with his record keeping as had been shown by the copies of the records that had been produced to the Committee by Mr McKenzie.
10. Mr Sargent at that stage asked Mr McKenzie what the strength of the Lignocaine was. Mr McKenzie said that most laboratories do not do a quantative analysis but rather advise whether the substance is present or not. Mr McKenzie did say that the substance had become a metabolite towards the end of its withholding period. Mr Sargent
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PENALTY
1. The Committee therefore imposes a fine of $6,000.00 on Mr Sargent and in addition to that orders him also to pay the sum of $1,223.00 being the cost of the analysis of the reserve sample and further this Committee orders that he pays costs of $1,000.00 to NZTR and $650.00 to the JCA.
2. There is also an Order that the owners of KIWI HUSSLER repay the full stake money earned by the horse from the race that is subject to the charge. The Committee has been advised that the stake money minus the Trainer’s percentage and the Jockey’s fee has been retained by NZTR and therefore the owners need to repay those amounts so that the full stake money is then available for distribution in terms of the amended placings for the race.
3. This Committee has today disqualified KIWI HUSSLER from the first placing in the Champion 2YO Edenwold At Berkley Stud Handicap 1400 Rating 75 race at the meeting of the Ashburton Racing Club on Friday 3 September 2010 and the amended placings will now be:
1st Princess Shyla
2nd Midilans
3rd Ishiaroyal
4th Miss Holland
5th Will I am
BJ Scott Mrs N Moffatt
Chairman Committee
hearing_type: Non-race day
Rules: 804(2)
Informant: Mr R D Scott
JockeysandTrainer:
Otherperson:
PersonPresent: Mr JW McKenzie, representing NZTR, Mr BF McKenzie, Registrar
Respondent: Mr J G Sargent
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