Luke Alcorn Appeal – Drug of Abuse

23 September 2014 | Barbara Scott, Chair of Stewards
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On 2 April 2014, HRSA Stewards conducted an inquiry into the results of a urine sample provided by Luke Alcorn, that upon analysis, contained the banned substance d-methamphetamine.  Mr. Alcorn was found guilty of a charge under Rule 250(1) and disqualified for 2 years.

Mr. Alcorn lodged an appeal against both conviction and penalty.

At the appeal, stewards provided details of the events occurring prior to the stewards inquiry.  These were:

  • On 21 December 2013, Mr Alcorn refused to provide a urine sample when directed by stewards and was stood down from driving.  A date for the inquiry into that refusal was set for 13 February 2014.  Mr. Alcorn was charged under Rule 238 and disqualified for 6 months.  An appeal was lodged and a stay of proceedings granted.
  • On28 February 2014 Mr. Alcorn provided a urine sample in order to resume driving under a stay of proceedings.  That sample contained upon analysis the banned substance d-methamphetamine.

Before the Racing Appeals Tribunal,  Mr. Alcorn did not challenge the integrity of the process in which the urine sample was obtained, nor the testing process and accepted the positive finding that the sample contained d-methamphetamine.

Stewards argued in support of the penalty imposed due to the serious nature of the breach, the need to provide a deterrent to others, the need to maintain public confidence in the integrity of Harness Racing and Mr. Alcorn’s previous offences relating to banned substances under similar rules.

The determination of the RAT is the appeal against conviction is dismissed.  The appeal against penalty is upheld and a period of 18 months disqualification is imposed and will commence on 5 September 2015.

Therefore, Luke Alcorn has the following offences and penalties.

  • Presenting a horse to race not free of a prohibited substance.(12 months disqualification) 6/3/2014 – 5/3/2015
  • Refusal to provide a urine sample.  (6 months disqualification) 6/3/2015 – 5/9/2015
  • Drug of abuse. (18 months disqualification)  5/9/2015 – 6/3/2017

 

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