Harness Racing New South Wales (HRNSW) today concluded the inquiry into a report received from the Australian Racing Forensic Laboratory (ARFL) that TCO2, at a level greater than 36 millimoles per litre in plasma, had been detected in a pre race blood sample taken from LIVING LORD NZ prior to it competing in and finishing unplaced in race 1 the HUB Insurance Services Pace (1,609 metres) at Menangle on Saturday, 2 November 2013.
The “B” sample had been confirmed by the Queensland Government Racing Science Centre in Brisbane.
Evidence was taken from Mr Jackson Painting, the trainer of LIVING LORD NZ and HRNSW Regulatory Veterinarian Dr Martin Wainscott.
Mr Painting pleaded guilty to a charge pursuant to Australian Harness Racing Rule 190 (1) (2) & (4). The particulars being that Mr Painting, a licensed Trainer did present LIVING LORD NZ to race at the Menangle harness meeting on Saturday, 2 November 2013 not free of a prohibited substance (TCO2).
In determining penalty, Stewards took into account the following:
The seriousness of the offence
Mr Painting’s blemish free record in relation to breaches of the prohibited substance however that he has only been a full time professional trainer, for approximately 1 year.
That Mr Painting had only recently returned from a previous disqualification for another offence.
The HRNSW penalty guidelines
Mr Painting’s personal circumstances
Mr Painting was disqualified for two (2) years and 3 months which will expire at midnight 3 February 2016. The penalty was back dated to 4 November 2013 the day in which his licences were suspended by HRNSW.
Acting under the provisions of AHRR 195, LIVING LORD NZ was disqualified from its 5th place in Race 1, HUB Insurance Services Pace (1,609 metres) at Menangle on Saturday, 2 November 2013.
Stewards also ordered under NSWLR256A, that Mr Painting paid to HRNSW $1500 in costs incurred by them as a result of the analytical procedures required in this matter.
The Stewards also concluded an inquiry that was opened at Menangle on Saturday, 2 November 2013 into Mr Jackson Painting’s drive on TENIAMO in race 3, the Sky Racing Where Horses Fly Country Series Final (1,609 metres) in particular in the home straight whereby he allowed TENIAMO to shift up the track and this allowed ITCAN HAPPEN to obtain a run to its inside.
Mr Painting pleaded guilty to a charge pursuant to Rule 162(1)(www), the particulars being that he allowed his horse to shift ground up the track in the home straight on the final occasion.
Mr Painting was fined $500.