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Stewards have today concluded deliberations, after hearing submissions on the question of penalty on 1 May 2018, following the determination to find Mr Kim Prentice guilty to a charge under Rule 190 with the particulars being that as the harness racing trainer he presented EXTRADITE NZ to race in Race 5 at Northam on 25 November 2017 where it raced and finished first, not free of the prohibited substance cobalt, evidenced by a concentration of cobalt in excess of 100 micrograms per litre in urine. After consideration Stewards determined the appropriate penalty to be a disqualification of twelve (12) months, however in view of the time that has elapsed since Mr Prentice was suspended in part and full pending outcome of this inquiry, the period of disqualification was reduced to expire as of midnight 7 January 2019. Pursuant to Rule 195 of the RWWA Harness Rules of Racing, EXTRADITE NZ was disqualified from the race in question and the placings amended accordingly with the commensurate implications to all stake money and payments to apply.  In determining penalty Stewards took into account: Mr Prentice’s long and unblemished record within the industry and co-operation at all stages of this matter The level of 150ug/L reported by the Chem Centre The nature of the substance and the seriousness of the offence in all of the circumstances That the Stewards were not satisfied that the use of VAM, as reported by Mr Prentice and as supported to some degree by his treatment records, fully accounted for the reported level in EXTRADITE NZ. Accordingly the inquiry had not determined to the requisite standard the reason why EXTRADITE NZ had exceeded the threshold level. Notwithstanding the above, that Mr Prentice had only recently introduced the use of VAM into his training without seeking professional veterinary opinion, despite industry notices which discouraged use of these products close to racing, advising trainers amongst other things;  • That a normal racing diet is more than sufficient to meet a horse’s nutritional requirements for cobalt and vitamin B12.  • That registered injectable cobalt supplements offer no nutritional advantages because incorporation of cobalt into the vitamin B12 molecule occurs within the horse’s gut.  • To consult with their veterinarians to ensure that their oral supplementation regimen provides only the amount of cobalt necessary to meet the scientifically established nutritional requirements of the horse for cobalt. “Whilst the threshold has been set at a level to allow for normal levels of cobalt supplementation through routine nutritional sources, trainers are advised that the administration of certain registered vitamin supplements, particularly by injection, close to racing may result in a level of cobalt in a subsequent sample that exceeds this threshold. Trainers are therefore advised to avoid the use of these supplements close to racing.  Examples of injectable vitamin supplements that contain cobalt and/or vitamin B12 include, but are not limited, to V.A.M. injection, Hemo-15 and Hemoplex.” •  Penalties issued in WA and other jurisdiction in relation to this prohibited substance •  The need for deterrence both general and specific Denis Borovica – General Manager Racing Integrity Ph: 9445 5427 denis.borovica@rwwa.com.au  

Harness Racing South Australia Stewards today conducted a hearing into an adverse test result returned by PRINCESS CLEOPATRA following its win in Race 4 at Port Pirie on Friday 12th January 2018. The particulars being that a post-race sample taken from PRINCESS CLEOPATRA was shown to contain Cobalt at a mass concentration greater than the permissible tolerance.  Mr Sims admitted a resultant breach of Rule (AHHR) 190(1) which states “A horse shall be presented for a race free of prohibited substances”  After considering submissions on penalty and after having regard to the following relevant factors: The nature of the substance detected and the seriousness of the offence in all of the circumstances. The level reported by the Racing Analytical Services Ltd, which was toward the lower end. Mr Sims’s personal circumstances, including his length of involvement in harness racing industry Mr Sim’s submissions with respect to the medications employed in the treatments of his horses, which the Stewards were satisfied was the primary cause for irregularity reported. • Penalties imposed in South Australia and other jurisdictions in relation to this prohibited substance. Mr Sim’s co-operation during the currency of the investigation The need for both specific and general deterrence The Stewards determined that Mr Sims be disqualified for a period of eight months with such disqualification to commence at midnight on Tuesday 15th May 2018.  Acting under the provisions of AHRR 195, PRINCESS CLEOPATRA was disqualified from first placing in Race 4 at Port Pirie 12th January 2018 and Stewards directed that the placing’s be amended accordingly. All enquiries to Ross Neal /Chairman of Stewards rneal@saharness.org.au

On 21 February 2018, the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board considered a charge issued against trainer Nick Tardio under Australian Harness Racing Rule (AHRR) 190(1). AHRR 190(1) reads as follows: A horse shall be presented for a race free of prohibited substances The charge related to a pre-race urine sample collected from the horse “Kissed Flush” at Mildura on 4 April 2017. “Kissed Flush” finished ninth in Race 8, the “Mark Gurry and Associates Cup (2nd Heat)”. Racing Analytical Services Limited (RASL) reported that analysis of the urine sample revealed the sample to contain a prohibited substance, namely cobalt, above the allowable threshold of 100 micrograms per litre (µg/L). The reserve sample analysis by the Racing Science Centre (Qld) confirmed the result. Mr Tardio was represented by Mr O’Dea (solicitor) and pleaded not guilty to the charge. Mr O’Dea and Mr Tardio participated in the hearing by telephone. Mr Svanosio appeared for the HRV Stewards. Mr Paul Zahra (Scientific Manager at RASL) gave evidence and was cross-examined. Preliminary issues In correspondence sent to HRV late on 20 February (received on 21 February) Mr O’Dea indicated that he would argue that Mr Tardio had no case to answer relying on rule 191(7) (set out below) and requested “copies of any certification that RASL and QRIC have with regards to their instruments used to obtain the results presented in the brief”. Documents showing the accreditation of RASL by the National Association of Testing Authorities and the HRV Policy showing approval of the Racing Science Centre (Qld) as an analytical laboratory were provide by Mr Svanosio at the commencement of the hearing. Mr O’Dea submitted that the evidence of the results of the urine sample should be excluded because they did not comply with section 10 of the National Measurement Act 1960 (Cth) and the relevant regulations, particularly regulation 73. Section 10 provides: When, for any legal purpose, it is necessary to ascertain whether a measurement of a physical quantity for which there are Australian legal units of measurement has been made or is being made in terms of those units, that fact shall be ascertained by means of, by reference to, by comparison with or by derivation from: (a) an appropriate Australian primary standard of measurement; (b) an appropriate Australian secondary standard of measurement; (c) an appropriate State primary standard of measurement; (d) an appropriate recognized-value standard of measurement; (e) an appropriate reference standard of measurement; (f) 2 or more standards of measurement, each of which is a standard of measurement referred to in paragraph (a), (b), (c), (d) or (e); (g) an Australian certified reference material; (h) a certified measuring instrument; (i) one or more standards of measurement, each of which is a standard of measurement referred to in paragraph (a), (b), (c), (d) or (e) and an Australian certified reference material; (j) one or more standards of measurement, each of which is a standard of measurement referred to in paragraph (a), (b), (c), (d) or (e) and a certified measuring instrument; or (k) one or more standards of measurement, each of which is a standard of measurement referred to in paragraph (a), (b), (c), (d) or (e), an Australian certified reference material and a certified measuring instrument;  and not in any other manner. Mr O’Dea submitted that the hearing was judicial in nature and that the evidence of the urine sample results relied upon by the Stewards had to comply with section 10(h). Mr O’Dea provided written submissions and other material in addition to his oral submissions. He referred to Breedon v Kongras (1996) (unreported, Supreme Court, WA, Owen J, 25 September 1996).  Mr Svanosio submitted that there was no requirement that RASL or the Racing Science Centre (Qld) use testing equipment that complies with the National Measurement Act. He provided copies of and relied upon two decisions of the South Australian Racing Appeals Tribunal (Trotta, RAT 11/2017 and Borg, RAT 2/2017). In relation to this issue, the HRV RAD Board decided that it was not satisfied that there is a requirement that testing equipment be calibrated or otherwise approved under the National Measurement Act and noted that Mr O’Dea could not point to any specific requirement. Therefore, the Board did not accept that the evidence of the sample readings from RASL and the Racing Science Centre (Qld) should be excluded. The HRV RAD Board is not a court of law and the current proceedings are not a prosecution. The Board is established by legislation and operates pursuant to its own rules, which include VLR 50(1)(g) which provides that “the rules of evidence as generally applied in a court of record shall not apply”. Further, even if the National Measurement Act does apply, subsection 10(a) only requires that a measurement of a physical quantity “be ascertained by means of, by reference to, by comparison with or by derivation from (a) an appropriate Australian primary standard of measurement”, which is the case here. Mr O’Dea then sought an adjournment so that Mr Tardio could lead expert evidence. The expert that he proposed to call was not available immediately. This application was opposed by Mr Svanosio who submitted that Mr Tardio had not complied with VLR 50(5) which requires an expert witness report to be served 7 days prior to the hearing and states that a party may not otherwise call an expert witness without the consent of the HRV RAD Board.  The Board refused the application for an adjournment and did not grant consent for an expert witness to be called by Mr O’Dea, noting that the hearing had already been adjourned twice at the request of Mr Tardio’s legal representatives (16 November 2017 and 12 December 2017) and that there had been ample opportunity for Mr Tardio and his representatives to prepare his case. Submissions and evidence as to the charge Mr Svanosio referred to the material in the brief of evidence, which was tendered. Mr Zahra was called and gave oral evidence.  Mr O’Dea took issue with the certificates (marked HRV 8 and HRV 11) because they indicated that the cobalt concentration was greater than 200µg/L, rather than an exact amount. He cross-examined Mr Zahra on this issue. Mr Zahra explained that the calibration range for the instruments used for testing the sample only goes to double the allowable threshold of 100 µg/L, that is, 200µg/L. Mr Zahra gave evidence that the results were accurate and that he was able to estimate that the actual reading was 215µg/L. Mr O’Dea submitted that the certificate was not accurate because it did not show the actual reading; therefore the certification procedure was materially flawed and rule 191(7) applied. The Board took into account the evidence contained in the brief, the oral evidence presented at the hearing and the provisions of rule 191, which states:  (1) A certificate from a person or drug testing laboratory approved by the Controlling Body which certifies the presence of a prohibited substance in or on a horse at, or approximately at, a particular time, or in blood, urine, saliva, or other matter or sample or specimen tested, or that a prohibited substance had at some time been administered to a horse is prima facie evidence of the matters certified. (2) If another person or drug testing laboratory approved by the Controlling Body analyses a portion of the sample or specimen referred to in sub rule (1) and certifies the presence of a prohibited substance in the sample or specimen that certification together with the certification referred to in sub rule (1) is conclusive evidence of the presence of a prohibited substance. (3) A certificate furnished under this rule which relates to blood, urine, saliva, or other matter or sample or specimen taken from a horse at a meeting shall be prima facie evidence if sub rule (1) only applies, and conclusive evidence if both sub rules (1) and (2) apply, that the horse was presented for a race not free of prohibited substances.  (4) A certificate furnished under this rule which relates to blood, urine, saliva, or other matter or sample or specimen taken from a horse shall be prima facie evidence if sub rule (1) only applies, and conclusive evidence if both sub rules (1) and (2) apply, that the prohibited substance was present in or on the horse at the time the blood, urine, saliva, or other matter or sample or specimen was taken from the horse. (5) Sub rules (1) and (2) do not preclude the presence of a prohibited substance in or on a horse, or in blood, urine, saliva, or other matter or sample or specimen, or the fact that a prohibited substance had at some time been administered to a horse, being established in other ways. (6) Sub rule (3) does not preclude the fact that a horse was presented for a race not free of prohibited substances being established in other ways. (7) Notwithstanding the provisions of this rule, certificates do not possess evidentiary value nor establish an offence, where it is proved that the certification procedure or any act or omission forming part of or relevant to the process resulting in the issue of a certificate, was materially flawed.  The HRV RAD Board found Mr Tardio guilty of the charge, accepting that rules 191(1) and (2) applied and that it had not been proved “that the certification procedure or any act or omission forming part of or relevant to the process resulting in the issue of a certificate, was materially flawed”. Penalty Mr Svanosio submitted that it was a serious offence, that the rules in relation to prohibited substances are to ensure that the integrity of harness racing is protected and that racing is conducted safely and fairly. He also referred to other HRV RAD Board and VCAT decisions in relation to penalties for cobalt offences and Mr Tardio’s record, which includes a recent disqualification for a cobalt offence in South Australia. He submitted that an appropriate penalty in this case was a 2-year disqualification. Mr Svanosio stated that Mr Tardio did not hold a current licence, which was not contradicted by Mr Tardio. Mr Tardio addressed the Board in relation to penalty and asked that any penalty be backdated to the date of the offence. In determining penalty, the HRV RAD Board considered Mr Tardio’s record, specific and general deterrence, the serious nature of the prohibited substance rules and penalties in relation to other cobalt cases. Mr Tardio was not eligible for a reduction in penalty for a guilty plea or cooperation with the Stewards.  Taking all of these matters into account, the HRV RAD Board imposed an 18- month disqualification to commence at midnight on 21 February 2018.  The HRV RAD Board also ordered (under rule 195) that “Kissed Flush” be disqualified from Race 8 at Mildura on 4 April 2017 and that the placings be amended accordingly. HRV RAD Board Panel: Alanna Duffy (Chair), Rod Osborne Harness Racing Appeals & Disciplinary Board                         

Office of Racing Integrity (ORI) have received advice from the Racing Analytical Services Limited (RASL) in Victoria that Cobalt above the prescribed threshold has been detected in a urine sample taken from Destreos NZ prior to it competing in race 3, at the Carrick Park Pacing Club meeting conducted on 31 December 2017. The “B” sample has been sent to Racing Science Centre in Queensland for confirmation. In accordance with ORI’s Harness protocol, upon receipt of the first certificate advising of an irregularity, pursuant to Rule 183A, the Stewards have ordered that Destreos NZ shall not compete or be nominated to race until the inquiry is concluded. This is effective immediately. Trainer Mr Ken Rattray has been advised of the decision, and ORI will continue its investigations into this sample irregularity and the inquiry will be conducted in due course. As the matter is under investigation, ORI will not make any further comments. Reid Sanders Director of Racing (03) 6777 1900

On 19 January 2018, the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board determined two charges issued by HRV Stewards against licensed trainer-driver Darren Cole. Charge 1, under Australian Harness Racing Rule (AHRR) 190(1), which states:      A horse shall be presented for a race free of prohibited substances It was alleged that Mr Cole presented the horse ‘Exciteusrubycee’ to race at Maryborough on 13 April 2017 not free of cobalt, a prohibited substance when evidenced at a concentration above the allowable threshold. Charge 2, under AHRR 190B(1), which states:      A trainer shall at all times keep and maintain a log book The particulars of Charge 2 were that Mr Cole was unable to produce a log book when requested to do so by HRV Stewards during a stable inspection on 17 May 2017. Mr Cole entered a plea of guilty to both charges and after hearing submissions on penalty the HRV RAD Board issued the following penalties: Charge 1: 12-month suspension of all licenses (to commence at midnight on 22 January 2018). Charge 2: $250 fine The HRV RAD Board have indicated that they will provide written reasons for the decision in due course. Harness Racing Victoria

As a result of continued instances where horses are presented to race with cobalt and arsenic levels above the respective allowable thresholds, trainers are once again reminded of their obligations under the Australian Harness Racing Rules (AHRR) to present a horse to race free of prohibited substances. Trainers should ensure that their husbandry, supplementation and/or feeding practices do not bring about a breach of the rules. If trainers have a concern about their husbandry regime bringing about a contravention, notably in relation to the substances discussed below, they should consult their vet or the Harness Racing Victoria (HRV) Integrity Department on 8378 0200. Trainers are further reminded that under AHRR 190(4) that an offence is committed if a horse is presented with a prohibited substance in its system, regardless of the circumstances in which the prohibited substance came to be present in or on the horse.  COBALT The presence of cobalt above a level of 100 µg/L in a raceday equine urine sample or 25 µg/L in a raceday equine blood sample, is a prohibited substance. Cobalt is a naturally occurring and essential trace element required for normal physiological functions. It is present in the horse’s normal diet and is present in small quantities in a number of oral and injectable vitamin and mineral substances administered to horses. Substances that contain cobalt include, but are not limited to, VAM, Tripart, Tri-Cal, Electropaste, Availa-4 and Vitamin B Complex. Action may be taken against trainers (or other persons) where evidence suggests the misuse of the substance cobalt. The threshold ensures that the legitimate use of routine products containing small quantities of cobalt will not result in action being taken against trainers (or other persons) under the AHRR. ARSENIC The presence of arsenic above a concentration of 0.30 micrograms per millilitre (µg/mL) in a raceday equine urine sample is a prohibited substance.  Products that contain arsenic include, but are not limited to, Ferrocyl, Jurocyl, and Invigorate injections. It is claimed the use of these injectable preparations on horses may improve appetite and the appearance of the coat, and may aid in the treatment of anaemia or general weakness. However, there is no rational evidence-based indication for the use of arsenic in horses. Arsenic containing substances are not routinely used nor recommended as treatment for any medical condition in horses. Arsenic is an element that naturally occurs in the environment in very small amounts in rocks, soil, water, air (from volcanic eruptions) and plants. Therefore horses, like all species, may normally inhale or ingest very small amounts of arsenic. Arsenic is used in the production of pesticides and herbicides, although these applications are declining. Use of arsenic containing insecticides for management of cattle tick and lice problems in sheep was banned in 1987 yet soil around the site where the ‘dip’ once was on farms may remain contaminated with arsenic for many years. Arsenic is still used as chromated copper arsenate (CCA) and arsenic trioxide for its insecticidal properties to treat timber (ie. to prevent termite damage). This can give treated timber such as pine posts a greenish tint. During investigations into recent arsenic irregularities reported by Racing Analytical Services Limited (RASL), HRV in company with other racing authorities and RASL engaged the University of Melbourne to conduct a trial to research the levels of arsenic in horses that had ingested a known amount of CCA treated timber sawdust. This administration resulted in urinary concentrations of arsenic that exceeded the threshold concentration in some of the horses. Therefore, it may be possible that a horse could have a urinary level of arsenic that exceeds the threshold concentration if it chews and ingests a sufficiently large quantity of CCA treated timber. With this aspect of the research completed, trainers are placed on notice that an explanation of environmental contamination (through CCA timber or other means) will not necessarily be considered a significant penalty mitigating factor for anyone found to have presented a horse with urinary concentrations above the arsenic threshold in the future. Trainers are advised to take measures to ensure that racing horses do not have access to environmental sources of arsenic including treated timber products. Harness Racing Victoria

RWWA Stewards have been advised by the ChemCentre in Perth, that cobalt at a concentration in excess of 100 micrograms per litre, being the threshold prescribed in the Harness Rules of Racing, has been detected in a urine sample taken from EXTRADITE NZ at Northam on 25 November 2017 after it had completed and won in Race 5. This finding has been verified by the Racing Analytical Services Laboratory (RASL) in Victoria. Accordingly the Stewards will inquire into these reports on a date to be fixed which the Trainer of EXTRADITE NZ, Mr. Kim Prentice has been requested to attend. Acting under the provisions of Harness Rule of Racing 183(d) Stewards have directed that Mr Prentice’s licence to train be suspended forthwith pending the outcome of the Stewards inquiry to the extent that he is not permitted to nominate or present any horses to race. Mr Prentice licence to drive remains and he is permitted to drive on the condition that he does not undertake any activities associated solely with the training of any horses that are nominated or presented to race.  The trainers of any horses he is driving or handling must be present and directly supervising the horse at all times. RWWA - Stewards Inquiry - Mr Kim Prentice Denis Borovica – General Manager Racing Integrity Ph: 9445 5427 denis.borovica@rwwa.com.au

RWWA Stewards have been advised by the ChemCentre in Perth, that cobalt at a concentration in excess of 100 micrograms per litre, being the threshold prescribed in the Harness Rules of Racing, has been detected in a urine sample taken from ARTURUS NZ at Gloucester Park on 15 November 2017 prior to it completing and finishing fourth in Race 9. This finding has been verified by the Racing Analytical Services Laboratory (RASL) in Victoria. Accordingly, the Stewards will inquire into these reports on a date to be fixed which the Trainer of ARTURUS NZ, Mr Gary Elson has been requested to attend. Acting under the provisions of Harness Rule of Racing 183(d) Stewards have directed that Mr Elson’s licence to train be suspended forthwith pending the outcome of the Stewards inquiry to the extent that he is not permitted to nominate or present any horses to race. Harness – Stewards Inquiry – Trainer Mr Gary Elson – ARTURUS NZ Denis Borovica – General Manager Racing Integrity Ph: 9445 5427 Denis.borovica@rwwa.com.au

The Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board today considered charges issued against licensed trainer-driver Paul Grech under Australian Harness Racing Rules (AHRR) 190(1) and 190B(1). Charge 1 – AHRR 190(1) reads as follows: A horse shall be presented for a race free of prohibited substances    This charge related to a post-race urine sample collected from the horse ‘Mister Oz’ after it placed 2nd in Race 1, the ‘Hargreaves Hill Trotters Handicap’, at Yarra Valley on 17 February 2016. Racing Analytical Services Limited (RASL) reported that analysis of the urine sample revealed the sample to contain a prohibited substance, namely cobalt, at a level of 237 micrograms per litre (µg/L), which is above the allowable threshold (at the time) of 200 µg/L in urine.    Charge 2 - AHRR 190B(1) reads as follows:    A trainer shall at all times keep and maintain a log book   The particulars of this charge related to the stable inspection conducted on 18 March 2016 by HRV Stewards, when Mr Grech was found not to keep and maintain a logbook as required.    Mr Grech pleaded guilty to both charges    The HRV RAD board heard evidence from Investigative Steward Stephen Svanosio, RASL Scientific Manager Paul Zahra and Veterinary Pharmacologist Professor Paul Mills. Each of those witnesses was cross-examined.   The HRV RAD Board also heard submissions from Ms Wood (for the HRV Stewards), Mr Grech and Mr Grech’s representative, Brian Lyngcoln.    In determining penalty, the HRV RAD Board considered Mr Grech’s 35-year involvement in the industry, his record which had two prior prohibited substance offences, the impact of any penalty on Mr Grech both specific and general deterrence and consistency of penalties in relation to cobalt cases. Taking all of these matters into account the HRV RAD Board imposed a 15-month suspension of Mr Grech’s trainers and drivers licences. The HRV RAD Board ordered the suspension to commence at midnight on Saturday 19 August 2017. On the second charge (relating to the log book) the HRV RAD Board imposed a $250 fine.   The HRV RAD Board also ordered that ‘Mister Oz’ be disqualified from Race 1 at Yarra Valley on 17 February 2016 and that the placings be amended accordingly   Racing Appeals & Disciplinary Board    Harness Racing Victoria  

The Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board today considered a charge issued against licensed trainer-driver Ross Graham under Australian Harness Racing Rule (AHRR) 190(1), that states:  A horse shall be presented for a race free of prohibited substances The charge related to a post-race urine sample collected from the horse ‘Sonetto’ after it won Race 2, the ‘Elite Horse Transport Trot’, at Shepparton on 27 July 2016. Racing Analytical Services Limited (RASL) reported that analysis of the urine sample revealed the sample to contain a prohibited substance, namely cobalt, at a level of 298 micrograms per litre (µg/L), which is above the allowable threshold (at the time) of 200 µg/L in urine. Mr Graham pleaded not guilty to the charge.  The HRV RAD board considered statements from Investigative Steward Neal Conder, RASL Scientific Manager Paul Zahra and Veterinary Pharmacologist Professor Paul Mills, along with evidence from Veterinarians Dr Jim Vasey, Dr Richard Cust, Dr Greg Hargreaves and Swabbing Assistant Gordon Warner. After considering all the evidence tendered at the hearing and submissions from both parties, Mr Graham was found guilty of the charge.  The HRV RAD Board considered further penalty submissions from the HRV Stewards that included the seriousness of the charge; that the integrity of racing is protected; and comparable prohibited substance cases. Ross Graham’s penalty submissions were also considered, including his personal circumstances and a 25-year involvement in the industry with an excellent record. In considering all of these circumstances, in addition to both specific and general deterrence and consistency of penalty, the HRV RAD Board imposed a 15-month suspension of Mr Graham’s trainers licence. The HRV RAD Board ordered the suspension to commence at midnight on Sunday 13 August 2017. The HRV RAD Board also ordered that ‘Sonetto’ be disqualified from Race 2 at Shepparton on 27 July 2016 and that the placings be amended accordingly. Harness Racing Appeals & Disciplinary Board 

Harness Racing South Australia Stewards today conducted a hearing into an adverse test result returned by RAP ARTIST following a pre-race urine test taken from the gelding on Saturday 7th January 2017. The particulars being that the sample taken from RAP ARTIST was shown to contain Cobalt at a mass concentration greater than the permissible tolerance. Mr Billinger admitted a breach of Rule (AHHR) 190(1) which states “A horse shall be presented for a race free of prohibited substances” After considering submissions on penalty put to the Stewards by Mr Billinger’s advocate, Mr R Fewings, and after having regard to all other factors, including that this was Mr Billinger’s second breach of the presentation rule, the finding was that Mr Billinger be disqualified for a period of eighteen (18) months and that, following the expiration of his disqualification, he be prohibited from holding a trainer’s licence for a further eighteen months.  Acting under the provisions of AHRR 195, RAP ARTIST was disqualified from second placing in Race 6 at Globe Derby on 7th January 2017 and Stewards directed that the placing’s be amended accordingly. Ross Neal Chairman of Stewards HARNESS RACING SOUTH AUSTRALIA

The Victorian Civil and Administrative Tribunal (VCAT) yesterday heard an application for review lodged by the Harness Racing Victoria (HRV) Stewards regarding a penalty decision of the HRV Racing Appeals and Disciplinary (RAD) Board on 24 May 2017 in relation to a charge issued against licensed trainer-driver Alison Chisholm. On 24 May 2017, Mrs Chisholm pleaded guilty to a charge issued under Australian Harness Racing Rule 190(1) for presenting the horse ‘Jimmy The Editor NZ’ to race at Tabcorp Park Melton on 16 April 2016 when not free of cobalt, a prohibited substance when present at a concentration of greater than 200µg/L (as it was then). Mrs Chisholm was issued with a 12-month suspension of her trainers licence. The full HRV RAD Board media release can be found here. On 7 August 2017, VCAT Presiding Member Wentworth heard evidence from Veterinary Pharmacologist Professor Paul Mills, along with submissions and statements on behalf of the HRV Stewards and Mrs Chisholm. After considering all the material tendered, Member Wentworth reserved her decision on penalty and advised that a decision could be expected in approximately eight weeks. Harness Racing Victoria

Harness Racing New South Wales (HRNSW) Stewards have concluded an inquiry that commenced on Monday June 19, 2017, into a report received from Racing Analytical Services Limited (RASL) that Cobalt above the threshold of 100 micrograms per litre in urine had been detected in the urine sample taken from CAMELOT SPEEDSTAR following its win in race 2, the RANDALL JONES AUTOMOTIVE PACE (1900m) conducted at Broken Hill on Friday March 17, 2017. Licensed trainer-driver Ms Hughes provided evidence via telephone regarding CAMELOT SPEEDSTAR and her husbandry practices. Evidence including the Certificates of Analysis was presented to the inquiry. HRNSW Stewards issued the following charges against Ms Hughes pursuant to the Australian Harness Racing Rules (AHRR) as follows: CHARGE 1 - AHRR 196A (1)  A person shall not administer or cause to be administered to a horse any prohibited substance…. (ii)  which is detected in any sample taken from such horse prior to or following the running of any race. (2)  A person who fails to comply with sub-rule (1) is guilty of an offence. CHARGE 2 (Alternative to Charge 1) - AHRR 196B.  (1)  A person shall not without the permission of the Stewards within one (1) clear day of the commencement of a race administer, attempt to administer or cause to be administered an injection to a horse nominated for that race…..  (4)  A person who fails to comply with sub-rule (1) is guilty of an offence. CHARGE 3 - AHRR 190.  (1)  A horse shall be presented for a race free of prohibited substances. (2)  If a horse is presented for a race otherwise than in accordance with sub rule (1) the trainer of the horse is guilty of an offence…. (4)  An offence under sub rule (2) or sub rule (3) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse. Ms Hughes pleaded guilty to all charges and was issued with the following penalties: Charge 1: Four years disqualification Charge 2: No penalty recorded- alternative charge Charge 3: Four years disqualification The periods of disqualification is to be served concurrently and is to commence from April 20, 2017, the date upon which Ms Hughes was stood down. In considering penalty Stewards were mindful of the following; The serious nature of this offence; Ms Hughes’ guilty pleas; Ms Hughes’ first prohibited substance offence; Class 1 prohibited substance under the HRNSW Penalty Guidelines; Level of substance detected; Ms Hughes’ licence history and other personal subjective facts. Acting under the provisions of AHRR 195, Stewards disqualified CAMELOT SPEEDSTAR from the abovementioned race. Ms Hughes was advised of her right to appeal these decisions. MICHAEL PRENTICE | INTEGRITY MANAGER (02) 9722 6600 •  mprentice@hrnsw.com.au GRAHAM LOCH | CHAIRMAN OF STEWARDS (02) 9722 6600 •  gloch@hrnsw.com.au

Today the Norwegian Trotting Association published the verdict in the doping case against French harness racing trainer Fabrice Souloy, who had four trotters test positive for Cobalt in June 2016 at Bjerke, Oslo. Souloy was banned from training and driving for 15 years and fined $60,000. The association had wanted Souloy banned for life and fined $25,000. Souloy is still awaiting a verdict from the Swedish Trotting Association regarding a positive test from the Elitlopp 2016 -- also for Cobalt -- and it was thought that the two Scandinavian associations would have published their verdicts together. However, due to vacation the Swedish verdict is first expected to be known around July 5. At present Souloy is serving a one year ban in France after a positive test for Cobalt. by Karsten Bønsdorf, USTA Senior Newsroom Correspondent

Racing Integrity Unit general manager Mike Godber is defending his organisation's consistency around cobalt positives. Earlier this week, Canterbury harness racing trainer Cran Dalgety was hit with a $32,000 fine for presenting five horses to race with cobalt levels in excess of the 200 ug/L (micrograms per litre) threshold for the prohibited substance. Importantly, the Racing Integrity Unit (RIU) and the Judicial Control Authority (JCA), who handed down the penalty, agreed that Dalgety was guilty of negligence but did not intentionally administer cobalt or any other prohibited substance. Dalgety, a highly successful trainer best known for guiding the career of champion pacer Christen Me, questioned why Southland trainer Shane Walkinshaw escaped a presenting charge when two of his horses returned positive swabs for cobalt in late 2015. But Godber said attempting to compare the two cases was "drawing a long bow". Walkinshaw purchased an over the counter product and the label confirmed a small and legal amount of cobalt was present in the ingredients. However, the batch was contaminated and in fact contained 190 times the amount that was advertised. "In the Walkinshaw case we asked what more could he have done to prevent it and the answer was not a lot," Godber said. A raft of tests were done on the supplement and the Walkinshaw-trained Not Bad to determine that the product had been manufactured incorrectly. Both the supplier and the manufacturer took responsibility. Godber said the Dalgety case was different because the supplement, McGrouthers Equine Mineral Mix, was labelled as containing cobalt but it did not identify the amount. He said that put a significant responsibility on Dalgety to identify the level of cobalt in the product which he did not do. "If you look at the Dalgety case, it did not meet the criteria for there not to be a charge because there was clearly more he could have done," Godber said. He added that Dalgety's case was not helped by the fact the product was not being used by any other trainers in New Zealand and was not sold on a large commercial basis. Dalgety's counter to that argument was that he had been using the product without issue for more than 10 years and the label of the supplement said "will not return a positive swab" and "Licensed under Animal Remedies Act 1967 No 3392". It was later found to have not been licensed since at least 1997. The JCA decision said Dalgety's culpability was his failure to obtain appropriate advice on the use of a product containing cobalt after Harness Racing New Zealand (HRNZ) introduced a cobalt threshold 200 ug/L in May 2015. Godber added that products that were licensed under the act could still contain ingredients that were prohibited under the rules of racing. "It's really a case of buyer beware. The onus is on the trainer to make sure the product is free of any prohibited substances. "The message is, if you are in any doubt do not use the product until you have spoken to your vet." Dalgety also raised another case where two Canterbury trainers were not charged when they returned positive swabs for caffeine in 2013 that was also proven to be from a feed supplement. Godber said that was because the product did not show any signs of caffeine on its label and both trainers had sought veterinary advice. Dalgety described his $32,000 fine as excessive but Godber, who reiterated the value of the fine was set by the JCA, said he did not believe the fine was unreasonable given it was Dalgety's third offence in eight years. The RIU submitted for a fine between $36,000 and $86,250 but because it deemed the offence to be at the lower end of the scale, expected a penalty close to the $36,000 mark. Dalgety's two previous positives (caffeine and bute) were deemed to be unintentional with the caffeine being a result of contaminated feed and the wrong horse being treated with bute by stable staff. The RIU acknowledged Dalgety had been fully cooperative throughout their investigation. WHAT IS COBALT? Cobalt is an essential trace element that is naturally occurring in horses, dogs and other mammals but has been demonstrated to have an effect on the blood system by stimulating the production of red blood cells making for a similar effect to Erythropoietin (EPO) doping. By Mat Kermeen Reprinted with permission of Stuff

On April 6, 2017, the Canadian Pari-Mutuel Agency (CPMA) released a Memorandum to the Canadian horse racing industry. "The CPMA would like to bring to the attention of the Canadian horse racing industry that as of February 22, 2017, cobalt was officially added to Section 2 of the Schedule to the Pari-Mutuel Betting Supervision Regulations." On April 21, 2017, the CPMA released another Memorandum with additional information regarding new cobalt thresholds. "Further to the Canadian Pari-Mutuel Agency's (CPMA) Industry Notice dated April 6, 2017, regarding the implementation of CPMA cobalt testing effective May 1, 2017, the CPMA has received questions about what this means from a practical perspective given that cobalt occurs naturally in the horse." A copy of these CPMA memos are attached to this bulletin. As a result, effective May 1, 2017 Amended General Directive No. 2/2015 (attached) addressing enhanced testing for cobalt, is no longer in force. Please refer to the attached GENERAL DIRECTIVE NO. 2 - 2017 - Rescinding Enhanced Cobalt Testing Directive. The AGCO issues this Information Bulletin as a service. AGCO licensees are expected to know the Rules of Racing, closely review all memos from the CPMA, and keep up to date on the Schedule of Prohibited Drugs. Disponible en français. Additional information regarding new cobalt thresholds – April 21, 2017 Further to the Canadian Pari-Mutuel Agency's (CPMA) Industry Notice dated April 6, 2017, regarding the implementation of CPMA cobalt testing effective May 1, 2017, the CPMA has received questions about what this means from a practical perspective given that cobalt occurs naturally in the horse. As you may know, several provinces have been testing for cobalt for the past couple of years. The provincial testing of cobalt was in blood only, using a threshold of 50 nanograms per millilitre (ng/mL). The CPMA added cobalt to the list of quantitatively prohibited substances (section 2 of the schedule to the Pari-Mutuel Betting Supervision Regulations) in February of this year. After much research and collaboration with international regulators, it was determined that the thresholds for cobalt would be 25 ng/mL in blood and 100 ng/mL in urine. These levels are consistent with thresholds used in many other international jurisdictions. The CPMA's research indicates that vitamin supplements, when used alone and according to label directions, should not increase cobalt levels enough to cause a positive test. In addition, our research indicates that when horses were allowed free access to cobalt-containing salt blocks, there was little to no effect on the horse's cobalt levels. Cobalt levels may build up over time when given repeatedly, and its elimination from the horse can take an extended period of time. It is always good practice to take care and to read the list of ingredients when choosing products that are administered to horses. As with all medications and supplements, owners and trainers should discuss the use of cobalt supplements with their veterinarian. Should you have any questions or concerns, please contact CPMA. Sincerely, Steve Suttie   Implementation of cobalt testing under the Canadian Pari-Mutuel Agency's Equine Drug Control Program – April 6, 2017 The Canadian Pari-Mutuel Agency (CPMA) would like to bring to the attention of the Canadian horse racing industry that as of February 22, 2017, cobalt was officially added to Section 2 of the Schedule to the Pari-Mutuel Betting Supervision Regulations. It should be noted that cobalt testing in Canada will move from provincial oversight to the CPMA under its official Equine Drug Control Program as of May 1, 2017. The CPMA would also like to advise the horse racing industry that the quantitative threshold for cobalt testing will decrease from 50 nanograms per millilitre (ng/mL) to 25 ng/mL in blood and that a new threshold of 100 ng/mL will be implemented in urine. These thresholds are published in the Pari-Mutuel Betting Supervision Regulations. The CPMA would like to remind industry participants to take care and to read the list of ingredients when choosing products that are administered to horses. As with all medications and supplements, owners and trainers should discuss the use of cobalt supplements with their veterinarian. Should you have any questions or concerns, please contact CPMA. Sincerely, Steve Suttie

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