Non Raceday Inquiry Request for Ruling RIU v NR McGrath – Decision dated 22 December 2013
ID: JCA11116
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
Nigel Raymond McGrath - Licensed Trainer
Respondent
REQUEST FOR A RULING
INTRODUCTION
1. In this case we have been asked to rule as to whether or not LIBERTYBELLE MIDFREW should be disqualified from its first place in the “CHILLI’S & MORE FILLIES & WILLIES FASHION MOBILE PACE” run at the Timaru Harness Racing Club’s meeting held at the Phar Lap Raceway on 23 November 2013.
SUMMARY OF FACTS AND SUBMISSIONS FROM THE INFORMANT
2. The facts are as follows: LIBERTYBELLE MIDFREW is a 3 year old Bay filly and is trained by Public Trainer Mr Nigel Raymond McGrath. LIBERTYBELLE MIDFREW is owned by J W S Mooney and Mrs R G Mooney. LIBERTYBELLE MIDFREW has raced 8 times for 2 wins and 2 placings and stakes of $102,616.
3. LIBERTYBELLE MIDFREW was correctly entered and presented to race by Mr McGrath to win Race 6, the CHILLI’S & MORE FILLIES & WILLIES FASHION MOBILE PACE, at the Timaru Harness Racing Club meeting on 23rd November 2013 and won a stake of $4,800. LIBERTYBELLE MIDFREW was driven in the race by Mr M J Williamson.
4. LIBERTYBELLE MIDFREW was swabbed post-race, the swab number being 91542.
5. The connections did not contest the swabbing process or any matter in relation to the taking of the swab sample.
Communication from Mr McGrath
6. On the 28th November 2013 Trainer Mr McGrath phoned Racecourse Investigator Mrs Williams expressing his concern regarding the swab taken from LIBERTYBELLE MIDFREW from the Timaru HRC meeting on 23rd November 2013. This concern arose after he was advised by Trainer Mr Philip Burrows about the positive swab from MACH’S GLADIATOR from the Rangiora HRNZ meeting on the 7th of November 2013.
7. Mr Burrows was aware that the owner who had supplied him with “Syncrofen” also owned horses in Mr McGrath’s stable.
Discussion with Mr McGrath
8. On the 29th November 2013 Mrs Williams interviewed Mr McGrath about the swab taken from LIBERTYBELLE MIDFREW and about the product “Syncrofen” that he had been given by an owner.
9. Mr McGrath’s sample of Syncrofen and an unopened container from a feed merchant were forwarded to the Racing Laboratory for testing.
Reports from Racing Laboratory
10. On the 2nd December 2013 the New Zealand Racing Laboratory Services Limited (NZRLS) reported that CAFFEINE was detected in swab 91542 (LIBERTYBELLE MIDFREW).
11. On the 4th of December (NZRLS) advised that CAFFEINE had been detected in the samples of “Syncrofen” that Mr McGrath had supplied and also the sealed container from the feed merchant.
12. On the 6th of December 2013 (NZRLS) advised that CAFFEINE was detected in a sample provided by the manufacturer, Acacia Catechu, one of the raw ingredients in “Syncrofen”.
Interview with Mr McGrath
13. On the 4thof December 2013 Racecourse Investigators Mr Robin Scott and Mrs Kylie Williams went to Mr McGrath’s property, 502 Maddisons Road Christchurch, and formally advised Mr McGrath that the Laboratory had detected CAFFEINE in the swab 91542, LIBERTYBELLE MIDFREW.
14. Mr McGrath was given a copy of the Certificate of Analysis, Copy of the Swab Card, the RIU Swabbing Record Book and a copy of the Prohibited Substance Rule of the New Zealand Rules of Harness Racing.
15. “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”.
16. Mr McGrath was given the “Syncrofen” by the same owner that supplied it to Mr Burrows.
17. Mr McGrath advised that he had asked his Veterinarian Ms Emma Reedy about “Syncrofen” and whether it would be safe to use on his horses. Ms Reedy advised Mr McGrath that after researching the product and the ingredients that she considered it safe for use.
SUBMISSION
18. The RIU requests that pursuant to Rule 1004D LIBERTYBELLE MIDFREW be disqualified from the race.
19. The connections of LIBERTYBELLE MIDFREW accept that the horse raced with a prohibited substance in its system and do not contest the disqualification of the horse.
20. Mr McGrath and the horse’s owner, Mr Mooney, were present at the hearing and did not have any submissions to make.
DECISION AND REASONS
21. 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.
22. It transpired that the caffeine came from a readily available commercial horse feed known as “Syncrofen”.
23. Mr McGrath has not disputed that the prohibited substance was found in the post race swab. Indeed, Mr McGrath is to be commended for taking a proactive step by contacting Mrs Williams after he was advised by Mr Philip Burrows about a positive swab being returned for the horse “MACH’S GLADIATOR”.
24. We therefore make the following findings of fact:
• LIBERTYBELLE MIDFREW 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.
25. Having made the above findings, we rule that LIBERTYBELLE MIDFREW is disqualified from its first place in the “CHILLI’S & MORE FILLIES & WILLIES FASHION MOBILE PACE”.
26. The amended placings are therefore:
First (8) HERE WE GO AGAIN
Second (3) WASHINGTON EXPRESS
Third (9) PARADISE CITY
Fourth (4) WOODLEA D.J.
Fifth (11) INDIAN ARROW
27. Stakes are directed to be paid in accordance with the amended placings.
28. 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 Ruling RIU v NR McGrath - Decision dated 22 December 2013
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
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
Nigel Raymond McGrath - Licensed Trainer
Respondent
REQUEST FOR A RULING
INTRODUCTION
1. In this case we have been asked to rule as to whether or not LIBERTYBELLE MIDFREW should be disqualified from its first place in the “CHILLI’S & MORE FILLIES & WILLIES FASHION MOBILE PACE” run at the Timaru Harness Racing Club’s meeting held at the Phar Lap Raceway on 23 November 2013.
SUMMARY OF FACTS AND SUBMISSIONS FROM THE INFORMANT
2. The facts are as follows: LIBERTYBELLE MIDFREW is a 3 year old Bay filly and is trained by Public Trainer Mr Nigel Raymond McGrath. LIBERTYBELLE MIDFREW is owned by J W S Mooney and Mrs R G Mooney. LIBERTYBELLE MIDFREW has raced 8 times for 2 wins and 2 placings and stakes of $102,616.
3. LIBERTYBELLE MIDFREW was correctly entered and presented to race by Mr McGrath to win Race 6, the CHILLI’S & MORE FILLIES & WILLIES FASHION MOBILE PACE, at the Timaru Harness Racing Club meeting on 23rd November 2013 and won a stake of $4,800. LIBERTYBELLE MIDFREW was driven in the race by Mr M J Williamson.
4. LIBERTYBELLE MIDFREW was swabbed post-race, the swab number being 91542.
5. The connections did not contest the swabbing process or any matter in relation to the taking of the swab sample.
Communication from Mr McGrath
6. On the 28th November 2013 Trainer Mr McGrath phoned Racecourse Investigator Mrs Williams expressing his concern regarding the swab taken from LIBERTYBELLE MIDFREW from the Timaru HRC meeting on 23rd November 2013. This concern arose after he was advised by Trainer Mr Philip Burrows about the positive swab from MACH’S GLADIATOR from the Rangiora HRNZ meeting on the 7th of November 2013.
7. Mr Burrows was aware that the owner who had supplied him with “Syncrofen” also owned horses in Mr McGrath’s stable.
Discussion with Mr McGrath
8. On the 29th November 2013 Mrs Williams interviewed Mr McGrath about the swab taken from LIBERTYBELLE MIDFREW and about the product “Syncrofen” that he had been given by an owner.
9. Mr McGrath’s sample of Syncrofen and an unopened container from a feed merchant were forwarded to the Racing Laboratory for testing.
Reports from Racing Laboratory
10. On the 2nd December 2013 the New Zealand Racing Laboratory Services Limited (NZRLS) reported that CAFFEINE was detected in swab 91542 (LIBERTYBELLE MIDFREW).
11. On the 4th of December (NZRLS) advised that CAFFEINE had been detected in the samples of “Syncrofen” that Mr McGrath had supplied and also the sealed container from the feed merchant.
12. On the 6th of December 2013 (NZRLS) advised that CAFFEINE was detected in a sample provided by the manufacturer, Acacia Catechu, one of the raw ingredients in “Syncrofen”.
Interview with Mr McGrath
13. On the 4thof December 2013 Racecourse Investigators Mr Robin Scott and Mrs Kylie Williams went to Mr McGrath’s property, 502 Maddisons Road Christchurch, and formally advised Mr McGrath that the Laboratory had detected CAFFEINE in the swab 91542, LIBERTYBELLE MIDFREW.
14. Mr McGrath was given a copy of the Certificate of Analysis, Copy of the Swab Card, the RIU Swabbing Record Book and a copy of the Prohibited Substance Rule of the New Zealand Rules of Harness Racing.
15. “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”.
16. Mr McGrath was given the “Syncrofen” by the same owner that supplied it to Mr Burrows.
17. Mr McGrath advised that he had asked his Veterinarian Ms Emma Reedy about “Syncrofen” and whether it would be safe to use on his horses. Ms Reedy advised Mr McGrath that after researching the product and the ingredients that she considered it safe for use.
SUBMISSION
18. The RIU requests that pursuant to Rule 1004D LIBERTYBELLE MIDFREW be disqualified from the race.
19. The connections of LIBERTYBELLE MIDFREW accept that the horse raced with a prohibited substance in its system and do not contest the disqualification of the horse.
20. Mr McGrath and the horse’s owner, Mr Mooney, were present at the hearing and did not have any submissions to make.
DECISION AND REASONS
21. 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.
22. It transpired that the caffeine came from a readily available commercial horse feed known as “Syncrofen”.
23. Mr McGrath has not disputed that the prohibited substance was found in the post race swab. Indeed, Mr McGrath is to be commended for taking a proactive step by contacting Mrs Williams after he was advised by Mr Philip Burrows about a positive swab being returned for the horse “MACH’S GLADIATOR”.
24. We therefore make the following findings of fact:
• LIBERTYBELLE MIDFREW 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.
25. Having made the above findings, we rule that LIBERTYBELLE MIDFREW is disqualified from its first place in the “CHILLI’S & MORE FILLIES & WILLIES FASHION MOBILE PACE”.
26. The amended placings are therefore:
First (8) HERE WE GO AGAIN
Second (3) WASHINGTON EXPRESS
Third (9) PARADISE CITY
Fourth (4) WOODLEA D.J.
Fifth (11) INDIAN ARROW
27. Stakes are directed to be paid in accordance with the amended placings.
28. 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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