Non Raceday Inquiry RIU v G Anderson – Decision on a Request for a Ruling dated 6 December 2019 – Chair, Prof G Hall

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decisiondate: 10/12/2019

hearing_title: Non Raceday Inquiry RIU v G Anderson - Decision on a Request for a Ruling dated 6 December 2019 - Chair, Prof G Hall

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Decision:

BEFORE A JUDICIAL COMMITTEE OF

THE JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

AND IN THE MATTER of the New Zealand Rules of Harness Racing

BETWEEN-RACING INTEGRITY UNIT (RIU)

Informant

AND---GRAEME ANDERSON

Licensed Trainer

Respondent

INFORMATION NO:-A4826

COMMITTEE:-Prof G Hall (Chairman)

Mr P Knowles (Member)

APPEARING:-Mr P Meulenbroek, Racing Investigator, for the RIU

The respondent in person

RULING OF JUDICIAL COMMITTEE

[1]-The informant, the RIU, seek a ruling under r 1004D(1) of the New Zealand Rules of Harness Racing disqualifying the horse BONO BROWN from the Forbury Park TC meeting at Dunedin on 2 November 2019. The horse is alleged to have tested positive for Cobalt.

[2]-Rule 1004(1A) states: A horse shall be presented for a race free of prohibited substances.

[3]-Rule 1004(4) provides: A breach of sub-rule (1A) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.

[4]-Rule 1004D(1) states: Any horse taken to a racecourse for the purpose of engaging in a race which is found to have administered to it or ingested by it a prohibited substance (which includes out of competition prohibited substances) must be disqualified from that race.

[5]-The Prohibited Substances Regulation 4 states: The following substances are not prohibited when present at or below the following threshold: 4.11 Cobalt at a concentration at or below 100 micrograms per litre in urine.

[6]-BONO BROWN is a 4-year-old bay gelding trained by Mr Anderson at Westwood Beach, Dunedin. BONO BROWN is co-owned by Mr Anderson and Mr B Sceats. BONO BROWN has had 4 race starts for a win and two placings as at 30 November 2019.

[7]-BONO BROWN was correctly entered and presented by Mr Anderson to race in Race 2, the NORWOOD FARM MACHINERY CENTRE MOBILE PACE at the Forbury Park TC meeting on 2 November 2019. BONO BROWN won the race, winning a stake of $4000. This stake has not yet been paid out.

[8]-BONO BROWN was post-race swabbed and a urine sample was taken immediately after it entered the swab box at 1.26 pm in the presence of Ms S Bransgrove who is Mr Anderson's wife and also a qualified veterinarian. The sample was recorded with the swab card number 146784. Mr Anderson does not contest the taking of the sample.

[9]-On 22 November 2019 Racing Analytical Services Limited accredited laboratory in Victoria Australia sent a Certificate of Analysis for sample 146784 that showed a result of 128 micrograms of Cobalt per litre of urine.

[10]-On the 26 November 2019 Eurofins ELS Limited laboratory in Wellington reported an Analytical result that the Urine Sample number 146784 had returned a Cobalt result of 130 micrograms per litre of urine.

[11]-Both results are a breach of the New Zealand Rules of Harness Racing which specify that Cobalt is only permitted when present at a concentration at or below 100 micrograms per litre.

[12]-On 4 December Mr Anderson signed a statement agreeing to the fact that under the Rules BONO BROWN must be disqualified.

[13]-Mr Anderson confirmed this at the hearing this afternoon.

[14]-We rule pursuant to r 1004D(1) that BONO BROWN is disqualified from race 2 at the Forbury Park TC meeting on 2 November 2019.

[15]-Amended placings are:

1st TUAPEKA JESSIE
2nd BARIKA
3rd MACK SHEER
4th HOKURI PLATTER
5th MY MAN ROOSTER

[16]-Stakes are to be paid accordingly.

Dated at Dunedin this 6th day of December 2019.

Geoff Hall, Chairman

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