On Friday 13 March 2015, Harness Racing New South Wales (HRNSW) Stewards concluded an inquiry into a report received from the Australian Government National Measurement Institute (NMI) that Cobalt above the threshold was detected in a post race urine sample (the “A” sample) taken from a horse presented to race by trainer Mr Neil Day BENZI MARSH following its win in race 5, the Final Goulburn Soldiers Club Goulburn Championship (1710 metres) conducted at Goulburn on 24 February 2014.
Subsequent to the report provided by NMI, the “B” sample and associated control underwent confirmatory analysis at the ChemCentre in Western Australia. The ChemCentre confirmed the presence of Cobalt above the threshold in the urine sample.
The inquiry was informed by Mr Neil Day’s legal representative, Mr John Murphy of Counsel, that his client Mr Day refused to attend the Inquiry.
Consequently, HRNSW Stewards conducted the Inquiry in the absence of Mr Day.
After considering the evidence before them, HRNSW Stewards issued a charge against Mr Day pursuant to Australian Harness Racing Rule 190(1), (2) & (4) that he did present BENZI MARSH to race at Goulburn on 24 February 2014, not free of a prohibited substance, namely Cobalt in excess of the threshold of 200 micrograms per litre in urine (ug/L).
HRNSW Stewards found that the charge issued against Mr Day was proven. Stewards note that Rule 190 imposes liability upon a trainer where a horse does not present free of any prohibited substances, regardless of the circumstances in which that substance came to be found in the horse, such that it is not necessary for it to be established how the prohibited substance came to be present in the horse.
Mr Day was disqualified for a period of 4 years in respect of the charge pursuant to Australian Harness Racing Rule 190(1), (2) & (4) to commence from 1 May 2014, the date upon which he was initially stood down pursuant to Rule 183.
In considering penalty Stewards took into account a number of relevant considerations including:
This was Mr Day’s first offence for prohibited substance offences;Cobalt above the threshold is deemed a Class 1 substance under the HRNSW Penalty Guidelines;The level of Cobalt recorded was 710ug/L;Mitigating factors such as Mr Day’s licence history, his previous status within the Harness Racing Industry through the UHRA and other subjective facts.
Acting under the provisions of Rule 195, which requires disqualification of a horse presented not free of a prohibited substance (regardless of the circumstances), BENZI MARSH was disqualified from the above mentioned race.
As a result of Mr Day’s refusal to attend the inquiry, despite previous directions to attend, a further charge was issued against Mr Day pursuant to Australian Harness Racing Rule 187(1) & (7) for failing to attend the inquiry in accordance with a direction by Stewards. Mr Day has provided written submissions in response to the charge.
Mr Day has lodged an appeal with the NSW Racing Appeals Tribunal against the decision of the Stewards pursuant to Rule 190, and has made a further application for a stay of proceedings.
Harness Racing NSW is the controlling body for harness racing in New South Wales with responsibility for commercial and regulatory management of the industry including 31 racing clubs across the State. HRNSW is headed by an industry-appointed Board of Directors and is independent of Government.
Rules 190(1), (2) and (4) provide:
(1) 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 (1) the trainer of the horse is guilty of an offence.
(4) An offence under sub rule (2) … is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.
To arrange an interview or for further information please contact:
Name: Reid Sanders
Position: Chief Operating Officer
Phone: (02) 9722 6600
Email: rsanders@hrnsw.com.au
