On Friday 26 September 2014, HRSA stewards conducted an inquiry into the events leading up to CONFLICT OF INTEREST suffering an exercise induced pulmonary haemorrhage (bleeding) during the running of Race 6, the Schweppes Pace, at Globe Derby on 15 September 2014.
Following the race, evidence was taken from trainer Joseph Russo and the following day stewards attended his stables and obtained further evidence from stable hand Mark Russo, trainer Joseph Russo, and undertook an inspection of all medications and preparations in his possession.
Joseph Russo was charged under the following rules:
Charge 1: Rule 101(1) any time a horse suffers a bleeding attack the trainer shall immediately and in any event within 24 hours notify the stewards.
The particulars being that trainer Joseph Russo, failed to notify stewards that CONFLICT OF INTEREST bled from both nostrils after fast work on Friday 12 September, 2014.
Charge 2: Rule 193(3) a person shall not administer or allow or cause to be administered any medication to a horse on race day prior to such horse running in a race.
The particulars being that trainer Joseph Russo administered the medication NO BLEEDER via injection to CONFLICT OF INTEREST at around 11am on 15 September 2014, the morning of the race.
Charge 3: Rule 194. A person who procures or attempts to procure or who has in his possession or on his premises or under his control any substance or preparation that has not been registered, labelled, prescribed or obtained in compliance with relevant State and Commonwealth legislation is guilty of an offence.
The particulars being that trainer Joseph Russo had on his premises and under his control the medication NO BLEEDER which was not prescribed and had been purchased via the internet from an overseas supplier. Further the Australian Pesticides and Veterinary Medicines Authority (APVMA) have advised that NO BLEEDER requires registration to be lawfully imported into Australia and it is an offence under section 69B of the Agricultural and Veterinary Chemicals (Administration) Act 1992 to import without a permit or exemption from a permit.
Charge 4: Rule 190B (1)(b) A trainer shall at all times keep and maintain a log book recording all details of treatment administered to any horse in his or her care.
The particulars being that trainer Joseph Russo failed to fully maintain his log book of treatments for CONFLICT OF INTEREST and had omitted to record the treatment NO BLEEDER, the date of administration, the route of administration, the amount given and the name and signature of the person administering or authorising treatment.
Joseph Russo pleaded guilty to charges 1 and 2 and not guilty to charges 3 and 4. After further consideration, stewards found Joseph Russo guilty of charges 3 and 4.
In considering penalty, stewards were mindful of the seriousness of each offence, the animal welfare and safety issues of treating a horse with a medication that is not prescribed and failing to notify of a bleeding attack. Further stewards were mindful of a breach of Commonwealth legislation in importing a veterinary chemical product into Australia and that it was obtained with the intention of assisting a horse’s performance. Further, stewards took into account Joseph Russo’s previous offences under similar rules and his not guilty pleas. The following penalties were imposed in respect of each charge:-
Charge 1 - $500 fine
Charge 2 – Disqualification of licence for 3 months effective 30 September 2014.
Charge 3 – Disqualification of licence for 5 months (to be served concurrently with penalty for Charge 2)
Charge 4 - $200 fine
Mark Russo was charged under the following rule:
Rule 194: A person who procures or attempts to procure or who has in his possession or on his premises or under his control any substance or preparation that has not been registered, labelled, prescribed or obtained in compliance with relevant State and Commonwealth legislation is guilty of an offence.
The particulars of the charge being that Mark Russo procured and obtained the product NO BLEEDER via the internet from a US company without obtaining registration with the APVMA prior to it being lawfully imported into Australia.
Mark Russo pleaded guilty and was disqualified for 3 months.
Both Joseph Russo and Mark Russo were advised of their appeal rights.
Under Rule 101(3) (b) CONFLICT OF INTEREST was barred for life as it had suffered two bleeding attacks, once in track work on 12 September 2014 and once during a race at Globe Derby on 15 September 2014.
