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

Created on 10 December 2019

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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