On 3 and 4 August, 2016 the HRV Racing Appeals and Disciplinary (RAD) Board heard a matter involving licenced Victorian trainer Mr Luke Kilduff who was charged under 190(1), 190A (1) (a) and 190AA (1) and (2) of the Australian Harness Racing Rules (AHRR).
All of the charges related to the alleged presence of testosterone above the relevant threshold in samples collected from the Luke Kilduff trained horse United Legacy. Analysis by Racing Analytical Services Limited, Hong Kong Jockey Club Laboratory, Racing Science Centre and the Australian Racing Forensic Science Laboratory were involved in the matter. Relevant samples of both urine and hair were collected from United Legacy between June and August 2015 including a raceday swab collected at Melton on 3 June 2015 after the horse had competed in Race 7. The horse United Legacy was subsequently stood down from racing for a period of 12 months in accordance with the AHRR.
Mr Kilduff pleaded guilty to the charge issued under AHRR 190 and after being found guilty of the remaining charges was disqualified by the HRV RAD Board for a period of 18 months.
In announcing its decision the HRV RAD Board had regard to United Legacy having been in the care of Mr Kilduff as a one person training operation with no other person assisting him, his previous unblemished record, his personal circumstances and the previous swab history of United Legacy.
The RAD Board also noted scientific studies contained in the brief of evidence and other relevant material that was provided to them through the RAD Board hearing.
The RAD Board ordered that United Legacy be disqualified from the relevant race and that the places be amended accordingly.
