Non Raceday Inquiry Request for a Ruling RIU v P Burrows – Decision dated 22 December 2013
ID: JCA13665
Decision:
BEFORE A JUDICIAL COMMITTEE
AT CHRISTCHURCH
IN THE MATTER of the New Zealand Rules of Harness Racing
RACING INTEGRITY UNIT
Kylie Williams - Racecourse Investigator
Informant
Philip Burrows - Licensed Trainer
Respondent
REQUEST FOR A RULING
INTRODUCTION
1. In this case we have been asked to rule as to whether or not MACH’S GLADIATOR be disqualified from its second placing in the “FLASHING RED GRADUATION SERIES MOBILE PACE” run at the Rangiora Harness Racing Club’s meeting held at the Rangiora Raceway on 7 November 2013.
SUMMARY OF FACTS AND SUBMISSIONS FROM THE INFORMANT
2. MACH’S GLADIATOR is a 4 year old Bay gelding and is trained by Public Trainer Mr Philip Benjiman Burrows. MACH’S GLADIATOR is owned by R J Dawe, R J Le Breton and Mrs H Le Breton. MACH’S GLADIATOR has raced 10 times for 4 wins and 3 placings and stakes of $20,229.
3. MACH’S GLADIATOR was correctly entered and presented to race by Mr Burrows. MACH’S GLADIATOR was driven in the race by Mr B Thomas to finish 2nd in Race 8, the FLASHING RED C1 GRADUATION SERIES MOBILE PACE, at the Rangiora Harness Racing Club meeting on 7th November 2013 and won a stake of $1,115.
4. MACH’S GLADIATOR was swabbed post-race, with the swab number allocated being 86695.
5. The connections did not contest the swabbing process or any matter in relation to the taking of the swab sample.
6. On the 19th November 2013 the New Zealand Racing Laboratory reported that CAFFEINE was detected in swab 86695.
7. On the 21stof November 2013 Racecourse Investigators Mr Robin Scott and Mrs Kylie Williams went to Mr Burrows’ property, 23 McIntoshs Road Rangiora, and advised him of the positive swab.
8. Mr Burrows was given a copy of the Certificate of Analysis, Copy of the Swab Card and RIU Swabbing Record Book and a copy of the Prohibited Substance Rule of the New Zealand Rules of Harness Racing.
9. Samples were taken from Mr Burrow’s property and forwarded to the Racing Laboratory for testing.
10. The Racing Laboratory advised on the 28th of November 2013 that CAFFEINE was detected in the sample of “Syncrofen”.
11. “Syncrofen” is an additive that is sold in feed merchants and on line in New Zealand. It is manufactured by SYNCROFLEX, a Blenheim based company that makes supplements to “support the human body as well as the canine & equine friend/ athlete during hard and demanding work and or simply to maintain and compliment a balanced diet to support optimum health and perform to full potential.” The product was advertised as “the natural and safe alternative, 100% free of banned substances, safe for competitions”.
12. Mr Burrows was given the “Syncrofen” by one of his owners.
13. Mr Burrows advised that he had asked his Vet, Mr Mike Brown, about “Syncrofen” and whether it would be safe to use on his horses. Mr Brown advised that it appeared safe to use.
14. The Racing Laboratory advised on the 4th of December 2013 that further samples of “Syncrofen” had tested positive to CAFFEINE.
15. The Racing Laboratory advised on the 6th of December 2013 that CAFFEINE was detected in a sample provided by the manufacturer, Acacia Catechu, one of the raw ingredients in “Syncrofen”.
16. The RIU requests that pursuant to Rule 1004D MACH’S GLADIATOR be disqualified from the race.
17. The connections of MACH’S GLADIATOR accept that the horse raced with a prohibited substance in its system and do not contest the disqualification of the horse.
18. Mr Burrows was present at the hearing and did not have any further submissions to make.
DECISION AND REASON
19. Mrs Williams, on behalf of the R.I.U. has produced evidence of the horse in question producing a post race swab which contained caffeine. Caffeine is a prohibited substance in terms of the Prohibited Substances Regulations.
20. It transpired that the caffeine came from a readily available commercial horse feed known as “Syncrofen”.
21. Mr Burrows has not disputed that the prohibited substance was found in the post race swab.
We therefore make the following findings of fact:
• MACH’S GLADIATOR was presented to race with a prohibited substance in its system.
• The prohibited substance was caffeine.
• The presence of the substance was in breach of the Prohibited Substances Regulations.
22. Having made the above findings, we rule that MACH’S GLADIATOR is disqualified from its second placing in the “FLASHING RED GRADUATION SERIES MOBILE PACE”.
23. The amended placings are therefore:
First (10) MAJOR SAM
Second (11) PACQUIAO
Third (7) FIERY LUSTRE
Fourth (13) MCARDLES SMOOTH
Fifth (4) BEAUDIENE BRILLIANCE
24. Stakes are directed to be paid in accordance with the amended placings.
25. Orders as to costs are not required in this instance.
As a footnote, we observe that there was no suggestion made by the R.I.U. of a deliberate or negligent administration of the prohibited substance, and thus there is no need for this Tribunal to make any findings in this regard.
……………………………………… …………………………….
KG HALES RG McKENZIE
Chairman Panelist
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 17/12/2013
Publish Date: 17/12/2013
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.
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decisiondate: 17/12/2013
hearing_title: Non Raceday Inquiry Request for a Ruling RIU v P Burrows - Decision dated 22 December 2013
charge:
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appealdecision: NO LINKED APPEAL DECISION
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reasonsfordecision:
Decision:
BEFORE A JUDICIAL COMMITTEE
AT CHRISTCHURCH
IN THE MATTER of the New Zealand Rules of Harness Racing
RACING INTEGRITY UNIT
Kylie Williams - Racecourse Investigator
Informant
Philip Burrows - Licensed Trainer
Respondent
REQUEST FOR A RULING
INTRODUCTION
1. In this case we have been asked to rule as to whether or not MACH’S GLADIATOR be disqualified from its second placing in the “FLASHING RED GRADUATION SERIES MOBILE PACE” run at the Rangiora Harness Racing Club’s meeting held at the Rangiora Raceway on 7 November 2013.
SUMMARY OF FACTS AND SUBMISSIONS FROM THE INFORMANT
2. MACH’S GLADIATOR is a 4 year old Bay gelding and is trained by Public Trainer Mr Philip Benjiman Burrows. MACH’S GLADIATOR is owned by R J Dawe, R J Le Breton and Mrs H Le Breton. MACH’S GLADIATOR has raced 10 times for 4 wins and 3 placings and stakes of $20,229.
3. MACH’S GLADIATOR was correctly entered and presented to race by Mr Burrows. MACH’S GLADIATOR was driven in the race by Mr B Thomas to finish 2nd in Race 8, the FLASHING RED C1 GRADUATION SERIES MOBILE PACE, at the Rangiora Harness Racing Club meeting on 7th November 2013 and won a stake of $1,115.
4. MACH’S GLADIATOR was swabbed post-race, with the swab number allocated being 86695.
5. The connections did not contest the swabbing process or any matter in relation to the taking of the swab sample.
6. On the 19th November 2013 the New Zealand Racing Laboratory reported that CAFFEINE was detected in swab 86695.
7. On the 21stof November 2013 Racecourse Investigators Mr Robin Scott and Mrs Kylie Williams went to Mr Burrows’ property, 23 McIntoshs Road Rangiora, and advised him of the positive swab.
8. Mr Burrows was given a copy of the Certificate of Analysis, Copy of the Swab Card and RIU Swabbing Record Book and a copy of the Prohibited Substance Rule of the New Zealand Rules of Harness Racing.
9. Samples were taken from Mr Burrow’s property and forwarded to the Racing Laboratory for testing.
10. The Racing Laboratory advised on the 28th of November 2013 that CAFFEINE was detected in the sample of “Syncrofen”.
11. “Syncrofen” is an additive that is sold in feed merchants and on line in New Zealand. It is manufactured by SYNCROFLEX, a Blenheim based company that makes supplements to “support the human body as well as the canine & equine friend/ athlete during hard and demanding work and or simply to maintain and compliment a balanced diet to support optimum health and perform to full potential.” The product was advertised as “the natural and safe alternative, 100% free of banned substances, safe for competitions”.
12. Mr Burrows was given the “Syncrofen” by one of his owners.
13. Mr Burrows advised that he had asked his Vet, Mr Mike Brown, about “Syncrofen” and whether it would be safe to use on his horses. Mr Brown advised that it appeared safe to use.
14. The Racing Laboratory advised on the 4th of December 2013 that further samples of “Syncrofen” had tested positive to CAFFEINE.
15. The Racing Laboratory advised on the 6th of December 2013 that CAFFEINE was detected in a sample provided by the manufacturer, Acacia Catechu, one of the raw ingredients in “Syncrofen”.
16. The RIU requests that pursuant to Rule 1004D MACH’S GLADIATOR be disqualified from the race.
17. The connections of MACH’S GLADIATOR accept that the horse raced with a prohibited substance in its system and do not contest the disqualification of the horse.
18. Mr Burrows was present at the hearing and did not have any further submissions to make.
DECISION AND REASON
19. Mrs Williams, on behalf of the R.I.U. has produced evidence of the horse in question producing a post race swab which contained caffeine. Caffeine is a prohibited substance in terms of the Prohibited Substances Regulations.
20. It transpired that the caffeine came from a readily available commercial horse feed known as “Syncrofen”.
21. Mr Burrows has not disputed that the prohibited substance was found in the post race swab.
We therefore make the following findings of fact:
• MACH’S GLADIATOR was presented to race with a prohibited substance in its system.
• The prohibited substance was caffeine.
• The presence of the substance was in breach of the Prohibited Substances Regulations.
22. Having made the above findings, we rule that MACH’S GLADIATOR is disqualified from its second placing in the “FLASHING RED GRADUATION SERIES MOBILE PACE”.
23. The amended placings are therefore:
First (10) MAJOR SAM
Second (11) PACQUIAO
Third (7) FIERY LUSTRE
Fourth (13) MCARDLES SMOOTH
Fifth (4) BEAUDIENE BRILLIANCE
24. Stakes are directed to be paid in accordance with the amended placings.
25. Orders as to costs are not required in this instance.
As a footnote, we observe that there was no suggestion made by the R.I.U. of a deliberate or negligent administration of the prohibited substance, and thus there is no need for this Tribunal to make any findings in this regard.
……………………………………… …………………………….
KG HALES RG McKENZIE
Chairman Panelist
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