On Thursday 12 March 2015, Harness Racing New South Wales (HRNSW) Stewards concluded an inquiry into reports received from the Australian Government National Measurement Institute (NMI) that Cobalt above the threshold was detected in post race urine samples (the “A” sample) taken from horses presented to race by trainer Mr Dean McDowell CHEVALS CHARLIE following its win in race 2, the Schweppes 30th Anniversary Pace (1740 metres) and THE TWILIGHTDANCER following its win in race 3, the Australasian Young Drivers Championship Heat Eight (2140 metres), both conducted at Bankstown on 28 February 2014.
Subsequent to the reports provided by NMI, the “B” samples and associated controls underwent confirmatory analysis at the ChemCentre in Western Australia. The ChemCentre confirmed the presence of Cobalt above the threshold in both urine samples.
The inquiry was informed by Mr Dean McDowell’s legal representative, Mr John Murphy of Counsel, that his client Mr McDowell refused to attend the Inquiry.
Consequently, HRNSW Stewards conducted the Inquiry in the absence of Mr McDowell.
After considering the evidence before them, HRNSW Stewards issued 2 charges against Mr McDowell pursuant to Australian Harness Racing Rule 190(1), (2) & (4) that he did present CHEVALS CHARLIE and THE TWILIGHTDANCER to race at Bankstown on 28 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 charges issued against Mr McDowell were 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 McDowell was disqualified for a period of 4 ½ years in respect of each charge pursuant to Australian Harness Racing Rule 190(1), (2) & (4) to commence from 30 April 2014, the date upon which he was initially stood down pursuant to Rule 183.Stewards ordered that both penalties be served concurrently.
In considering penalty Stewards took into account a number of relevant considerations including:
This was Mr McDowell’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 550ug/L & 570ug/L;Mitigating factors such as Mr McDowell’s licence history, 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), both CHEVALS CHARLIE and THE TWILIGHTDANCER were disqualified from their respective races.
As a result of Mr McDowell’s refusal to attend the inquiry, despite previous directions to attend, a further charge was issued against Mr McDowell pursuant to Australian Harness Racing Rule 187(1) & (7) for failing to attend the inquiry in accordance with a direction by Stewards. Mr McDowell has provided written submissions in response to the charge.
Mr McDowell 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
