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Non Raceday Inquiry RIU v J J Clementson - Decision on a Request for a Ruling dated 5 November 2019 - Chair, Mr R G McKenzie

Created on 06 November 2019

BEFORE A JUDICIAL COMMITTEE

AT CHRISTCHURCH

IN THE MATTER of the New Zealand Rules of Harness Racing

AND IN THE MATTER of Information No. A7231 Requesting a Ruling

BETWEEN KYLIE ROCHELLE WILLIAMS, Racing Investigator for the Racing Integrity Unit

Informant

AND JOSEPH JOHN CLEMENTSON of Oxford, Holder of Licence to Train

Respondent

Judicial Committee: Mr R G McKenzie (Chairman)

Mr S C Ching

Date of Hearing: 4 November 2019

Venue: South Bay Racecourse, Kaikoura

Present: Mrs K R Williams, the Informant

Mr J J Clementson, the Respondent

Date of Decision: 5 November 2019

RULING OF JUDICIAL COMMITTEE

Background

[1] The Respondent is the trainer and part-owner with Mrs R B Clementson, of the standardbred horse, IDEAL INVASION (2012 gelding Monarchy – Summit Invasion).

[2] On 29 September 2019, IDEAL INVASION raced in and won Race 9, “What the Hill” Fast, Fresh and Fertile Handicap Trot, at the meeting of Banks Peninsula Trotting Club held at Motukarara Racecourse.

[3] On 22 October 2019, New Zealand Racing Laboratory Services reported that IDEAL INVASION that the prohibited substance, Morphine, had been detected in the post-race urine sample from the horse.

[4] Mr Clementson was advised of the positive swab on 25 October 2019 by the Informant and Racing Investigator, Mr Peter Meulenbroek, when they called at his training premises.

[5] Information No. A7231 has been filed by the Informant, Racing Investigator, Mrs K R Williams, against the Respondent, Mr J J Clementson, Holder of a Licence to Train, requesting a ruling from this Committee that IDEAL INVASION be disqualified from the race.

[6] The Information was heard prior to the meeting of Kaikoura Trotting Club at South Bay Racecourse, Kaikoura, on 4 November 2019.

The Rule

[7] Rule 1004D provides as follows:

(1) 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.

(3) When the owner and trainer of the horse has been advised of the analysis which indicates that a prohibited substance may have been administered to, or ingested by, the horse and the owner, trainer, or their authorised representative does not request under the Swabbing Instructions that the reserve sample be analysed at an approved laboratory by 4:00 pm on the third working day after being so advised, a Judicial Committee must disqualify the horse, amend the placings and the stakes shall be paid in accordance with that decision.

Evidence

[8] Mrs Williams presented a statement dated 28 October 2019 signed by the Respondent.

[9] The Respondent was asked by the Committee to confirm to the hearing, and did confirm, the following:

1. That he had been advised by Racing Investigators, Mrs Williams and Mr Meulenbroek, on 25 October 2019 of the positive swab returned by IDEAL INVASION.

2. That he had received a copy of the Certificate of Analysis from New Zealand Racing Laboratory Services confirming the Sample No. 147346 and the result.

3. That he had been given a copy of RIU Sample Identity Record 147346, signed by Junior Driver, Miss S E O’Reilly, in respect of the urine sample taken from IDEAL INVASION.

4. That he had been given a copy of the race result, the horse details and a copy of the Prohibited Substance Rule in the New Zealand Rules of Harness Racing.

5. That he did not contest the taking of the sample and did not request that the reserve sample be analysed.

[10] The Informant confirmed that disqualification of IDEAL INVASION was sought.

Ruling

[11] The Committee is satisfied that the Respondent had been advised of the analysis and that he did not request that the reserve sample be analysed.

[12] The Committee, being satisfied as to those matters, is required to disqualify IDEAL INVASION.

[13] Accordingly, the Committee rules that IDEAL INVASION is disqualified from Race 9, “What the Hill” Fast, Fresh & Fertile Handicap Trot, at the meeting of Banks Peninsula Trotting Club on 29 September 2019. Such disqualification is to take effect from after the close of racing on 4 November 2019.

[14] Consequent upon that disqualification, the amended result for the race is:

1st 5 Ali Lindenny
2nd 3 Momentous
3rd 1 Foreigner
4th 14 With Ice
5th 9 Take After Me

[15] It is ordered that stakes for the race be paid in accordance with that amended result.

R G McKENZIE

Chair 

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