18 September 2014
Stewards Panel: K Wolsey, D Aurisch, M Gilbert
Racing Queensland (RQ) Stewards today conducted an inquiry into the circumstances surrounding the analysts’ findings of the prohibited substances CAFFEINE, THEOPHYLLINE, PARAXTHANTHINE and THEOBROMINE in a urine sample taken from ITS THREE BY TWO (NZ) subsequent to its winning performance in Race 9, the Trottips.com TQ0 Or Better Trotters Handicap at Albion Park on Saturday, 5 July 2014.
Today evidence was taken from trainer Mr Frank Bennett, Mrs Karen Bennett and Dr Bruce Young, Manager of Veterinary Services at the Racing Science Centre. After carefully considering all of the evidence Mr Bennett was issued with a charge pursuant to AHR Rules 190(1), (2) and (4) which read:
- “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 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.”
The particulars of the charge being that licensed trainer Mr Frank Bennett presented ITS THREE BY TWO (NZ) to race in Race 9 at Albion Park on Saturday, 5 July 2014, when, subsequent to its winning performance, a urine sample taken from that gelding was found upon analysis to contain the prohibited substances CAFFEINE, THEOPHYLLINE, PARAXTHANTHINE and THEOBROMINE.
Mr Bennett pleaded not guilty and made further submissions in defence of the charge. After considering these submissions, Stewards formally found Mr Bennett guilty.
When assessing the matter of penalty, Stewards gave consideration to the circumstances of the case, the lengthy period of time Mr Bennett has held a licence, his unblemished record regarding this particular rule, the nature of the substance and Mr Bennett’s personal situation, notwithstanding the seriousness of the offence and the importance of drug free racing.
In all the circumstances Stewards determined the appropriate penalty be a $5000 fine.
Further, acting under the provisions of AHR Rule 195, Stewards disqualified ITS THREE BY TWO (NZ) from its first placing in Race 9, the Trottips.com TQ0 Or Better Trotters Handicap at Albion Park on Saturday, 5 July 2014 and the placings were amended as follows:
1st – JUST CALL ME EARL (NZ)
2ND – LADY BOOMSCHUKALUKA (NZ)
3RD – SUN LAD (NZ)
4TH – GOLDSTAR INVASION (NZ)
