NZ Metro TC – 10 November 2009 –

hearingid: c98aa6d41ef56a1c8bedf6db6057f929

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hearing_racingtype: harness-racing

startdate: 10/11/2009

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hearing_title: NZ Metro TC - 10 November 2009 -

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Information No. 67948 filed by Racecourse Inspector, Mr B A Kitto, against Licensed Trainer, Mr B J Lew, alleged a breach of Rule 1004 (6) in that Mr Lew  “during the day of racing in respect of a horse entered in a race, namely KARLOO MICK, in Race 10, The Christchurch Casino New Zealand Trotting Cup, did administer a substance namely Colloidal Silver, Rapid Response, Aloe Vera Gell [sic] and Performa 3, by an injection”.

Information No. 67948 filed by Racecourse Inspector, Mr B A Kitto, against Licensed Trainer, Mr B J Lew, alleged a breach of Rule 1004 (6) in that Mr Lew  “during the day of racing in respect of a horse entered in a race, namely KARLOO MICK, in Race 10, The Christchurch Casino New Zealand Trotting Cup, did administer a substance namely Colloidal Silver, Rapid Response, Aloe Vera Gell [sic] and Performa 3, by an injection”.

Mr Lew was present at the hearing of the information and he indicated that he admitted the breach, which was found proved accordingly.

Rule 1004 (6) provides as follows:
No person shall during any day of racing, in respect of a horse entered in a race, administer by injection …any substance whatsoever. Where such administration occurs both the person and the trainer commit a breach of this sub-rule unless such device was used after the horse had raced or under the direction or supervision of a club veterinary surgeon, Racecourse Inspector or Stipendiary Steward.
For the purpose of this sub-rule the day of racing is deemed to commence 12 hours prior to the first race and conclude half an hour after the last race. 

Mr Carmichael stated that the horse, KARLOO MICK, was “under guard” on race morning when a mixture of four substances was administered to it by syringe by Mr Lew in the presence of the security guard at approximately 10.00am. The substances were retained by the security guard and later handed to raceday officials. On arrival at the course, Mr Lew was interviewed and he frankly admitted administering the substances. His explanation was that he was unaware of the New Zealand rule and that the practice of administering substances by syringe was not prohibited in his home state of New South Wales.

Mr Carmichael said that the substances, if true to label, were not prohibited substances but they are to be retained and sent for analysis.

Mr Lew had been “totally frank and honest” when interviewed, Mr Carmichael said.

Mr Lew told the Committee that the substances, Performa 3 and Colloidal Silver, were normally mixed with a horse’s food but KARLOO MICK would not eat his food if this was done. He used a syringe to “squirt” the mixture into his mouth. Mr Lew said that he did this in full view of the security guard, who did not alert him that he was not permitted to do so. Had the security guard told him that he was not permitted to do it, he would not have done it, Mr Lew said.

Mr Lew said that he freely admitted the breach. He had been in harness racing for some 36-37 years and had “never had any problems whatsoever”. He said that he treated KARLOO MICK in the same way every morning.   

In relation to penalty, Mr Carmichael submitted that the offence could be dealt with by way of a fine. He suggested a “mid point” of $2,000 from which the Committee could go up or down. He referred to the case of D (2008) which was a raceday administration on the course, where the defendant admitted he was aware of the Rule. The defendant was fined the sum of $2,250. On the other hand, in the case of S, the facts of which were similar to the present case, the fine imposed was $750.

Mr Lew referred to his excellent record. He was now retired. He asked for the Committee to be lenient.

Mr Carmichael handed to the Committee a copy of the written instructions given to the security guards setting out their duties on the raceday supervision of Cup runners. He referred to, specifically, Clause 3.2.6 and 3.2.7 which provided:
Under the New Zealand Rules of Harness Racing no person shall during any day of racing, in respect of a horse entered in a race, administer by injection, nasal gastric tube, gastric tube, ventilator, or nebulizer any substance whatsoever.
This includes administration by mouth using a syringe, with or without a needle attached to it. Should you see someone about to do this, advise them to stop.

In determining penalty, the Committee took into account the following as mitigating factors:
1. Mr Lew’s cooperation with the officials and his frank admission of the breach before the Committee;
2. His previous unblemished record which was not disputed by Mr Carmichael;
3. The fact that he is based in New South Wales where the administration would not have been prohibited;
4. That he was let down by the security guard who could have been expected to have alerted him that the administration was in breach of the Rules.  Had Mr Lew been so alerted, clearly, the offence would not have been committed.

Taking all of those factors into account, the Committee fined Mr Lew the sum of $1,000.
 

R G McKenzie         J M Phelan
CHAIRMAN              Committee Member
67948

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Rules: 1004.6

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