25 September 2014
Panel: D Farquharson, W Birch, D Aurisch
Racing Queensland (RQ) Stewards today concluded an inquiry into the circumstances surrounding the analysts’ findings in respect to a post-race blood sample taken from ULTIMATE PRIDE following its performance in Race 5 at the Marburg Pacing Club on Saturday, 14 June 2014.
Background
At Marburg Pacing Club on Saturday, 14 June 2014, it was brought to the attention of Stewards by race day veterinary surgeon Dr Louise Cosgrove that there was a strong smell of DIMETHYL SULPHOXIDE (DMSO) emanating from the mare ULTIMATE PRIDE which raced in Race 5. Subsequently, Stewards conducted a search of trainer Mr Peter Thomas’s gear bag, vehicle and float. This search did not locate the relevant substance or apparatus that may have been used to administer the substance. Stewards further ordered that a swab sample be taken from the mare and conducted interviews with Dr Cosgrove, Mr Thomas, stablehand and carer for Mr. Thomas, Mr Ashley Green and driver Mr Rhett Markey.
On Monday, 16 June 2014, Stewards conducted a stable inspection at the premises of Mr Thomas. On arrival at the property Stewards discovered that ULTIMATE PRIDE had passed away after becoming ill on Sunday 15 June 2014 and that Mr Thomas was in the process of disposing of the mare’s remains.
On 25 June 2014, the Queensland Government Racing Science Centre (QGRSC) reported a positive finding to the prohibited substance DIMETHYL SULPHOXIDE (DMSO) above the prescribed threshold pursuant to HRA Rule 188A (2)(c) in the sample taken from ULTIMATE PRIDE at the Marburg Pacing Club on Saturday 14 June 2014. Racing Analytical Services Limited confirmed the presence of DMSO above the prescribed threshold on confirmatory analysis.
On Thursday 28 August 2014, evidence was taken from Mr Thomas, Mr Green, licensed trainer Mr Alix Khouiss, who Stewards learned attended the property on Sunday 15 June 2014, (QGRSC) Manager of Veterinary Services Dr. Bruce Young and Manager of Analytical Services Dr. Mark Jarrett. Racing Analytical Services Limited confirmed the presence of DMSO above the prescribed threshold on confirmatory analysis.
Further evidence was today presented by Mr Thomas and after due consideration Stewards issued the following charges:
Charge 1
HRA Rule 190(1)
A horse shall be presented for a race free of prohibited substances.
The particulars of the charge being that as the trainer of ULTIMATE PRIDE, Mr Peter Thomas presented that mare for racing at the Marburg Pacing Club on Saturday, 14 June 2014, when a post-race blood sample taken from ULTIMATE PRIDE was found, upon analysis, to contain the prohibited substance DIMETHYL SULPHOXIDE (DMSO) above the prescribed threshold.
Charge 2
HRA Rule 105(1)
On the death of a foal or a named horse, the owner or authorised agent or person in charge of the horse at the time of its death shall
- In the case of a horse entered for a race or which has started in a race at any time within 14 days immediately prior to its death, notify the controlling body of the death within 24 hours of its occurrence.
The particulars of the charge being as the trainer of ULTIMATE PRIDE, Mr Peter Thomas failed to notify the controlling body of the death of the mare in accordance with Rule 105(1).
Charge 3
HRA Rule 105(5)
The owner or authorised agent or other person in charge of a horse whose death has been notified, or which should have been notified, under sub rule (1)(a) shall not dispose of the carcass without the permission of the controlling body or the stewards.
The particulars of the charge being as the trainer of ULTIMATE PRIDE, Mr Peter Thomas disposed of the carcass of that mare without the permission of the controlling body or the Stewards.
Mr Peter Thomas was found guilty of each charge and the following penalties were imposed:
HRA Rule 190(1) – disqualification for 1 year
HRA Rule 105(1) – disqualification for 1 year
HRA Rule 105(5) – disqualification for 3 years
Pursuant to Rule 257 Stewards directed that these terms of disqualification be served cumulatively.
In determining penalty, Stewards had regard for the circumstances surrounding the presentation of ULTIMATE PRIDE for racing at the Marburg Pacing Club on Saturday 14 June 2014, and the fact that Mr Thomas’s actions in failing to notify Stewards of the death of ULTIMATE PRIDE and the subsequent disposal of the mare’s remains had the effect of preventing Stewards from conducting tests to determine the cause of the mare’s illness and subsequent death.
The Stewards findings in respect of these matters will be referred to Biosecurity Queensland.
Mr Thomas was advised of his rights of appeal.
