Appeal Decision - M J BUTTIGIEG

03 October 2014 | Barbara Scott, Chair of Stewards
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On 31 July 2014, HRSA Stewards conducted an inquiry into reports from the Racing Analytical Services Ltd that post race urine samples taken from GO GO SHIKARI and AVEROSS MAC after they raced on 4 May 2014, 24 May 2014, 31 May 2014 and 14 June 2014 had upon analysis contained amphetamine and methamphetamine.  Mr. Buttigieg was found guilty of four charges pursuant to Rule 190(1), (2) & (4) in that as the trainer he did present those horses to race not free of a prohibited substance.  Mr. Buttigieg was disqualified for 3 years on each of the four charges (to be served concurrently) and ordered to pay to HRSA the amount of $2,000 for costs incurred in analytical testing.

Mr. Buttigieg lodged an appeal against both conviction and penalty and was granted a stay of proceedings.

At the appeal held on 2 October 2014, Mr. Buttigieg abandoned his appeal against conviction however continued his appeal against penalty.

Stewards argued in support of the penalty imposed due to the serious nature of the prohibited substance as an illegal drug with no place in the horse racing industry, the need to provide a deterrent to others, the need to maintain public confidence in the integrity of harness racing and Mr. Buttigiegs previous offences under this rule.

The determination of the Racing Appeals Tribunal is the appeal is upheld and a period of 2 years disqualification is imposed on each charge (to be served concurrently) and a fine of $2,000 payable to HRSA.  The disqualification will commence midnight 9 October 2014 and conclude 9 October 2016.

 

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