HRV RAD Board Hearing – Vincent Costa and Joseph Costa

On 13 May 2015, the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board heard a matter in regards to various charges issued by HRV Stewards under the Australian Rules of Harness Racing (ARHR) against licensed trainers Mr Vincent Costa and Mr Joseph Costa.

Charges issued against Mr Vincent Costa

Charge 1) ARHR 196A (1) reads as follows:

    A person shall not administer or cause to be administered to a horse any prohibited substance

1. For the purpose of affecting the performance or behaviour of a horse in a race or of preventing its starting in a race

The charge under ARHR 196A (1) issued by HRV Stewards against Mr Vincent Costa related to a post-race urine sample collected from the horse ‘Uncle Wingnut’  after it won Race 7 the ‘Dunlop Super Dealer 2014 Charlton Pacing Cup’ at Charlton on 16 February 2014.  Mr Costa was the registered trainer of the horse at this time and analytical testing conducted by the Hong Kong Jockey Club Laboratory (HKJCL) and the Chemistry Centre (CC) in Western Australia (WA) reported the sample to contain a cobalt concentration of between 1200 and 1400 micrograms per litre in urine. 

Charge 2) ARHR 196A (1) reads as follows:

    A person shall not administer or cause to be administered to a horse any prohibited substance

(i)For the purpose of affecting the performance or behaviour of a horse in a race or of preventing its starting in a race     

The charge under ARHR 196A (1) issued by HRV Stewards against Mr Vincent Costa related to a pre-race urine sample collected from the horse ‘Beachstar’ before it placed 2nd in Race 7 the ‘Empire Stallions VicBred Super Series’ (4yo Entires and Geldings)  at the Ouyen at Mildura meeting on 13 June 2014.  Mr Costa was the registered trainer of the horse at this time and analytical testing conducted by the HKJCL and the CC (WA) reported the sample to contain a cobalt concentration of between 270 and 290 micrograms per litre in urine.

Charge 3) ARHR 196A (1) reads as follows:

    A person shall not administer or cause to be administered to a horse any prohibited substance

(i)For the purpose of affecting the performance or behaviour of a horse in a race or of preventing its starting in a race     

The charge under ARHR 196A (1) issued by HRV Stewards against Mr Vincent Costa related to a post-race urine sample collected from the horse ‘Blissfull Hart’ after it won Race 7 the ‘Prostate Awareness Night Pace’  at the Swan Hill meeting on 26 June 2014.  Mr Costa was the registered trainer of the horse at this time and analytical testing conducted by the HKJCL and the CC (WA) reported the sample to contain a cobalt concentration of between 590 and 660 micrograms per litre in urine.

Charges 4 and 5) ARHR 193(1) reads as follows:

A person shall not attempt to stomach tube or stomach tube a horse nominated for a race or event within 48 hours of the commencement of the race or event.

These 2 charges issued by HRV Stewards against Mr Vincent Costa related to admissions made by Mr Costa during a stable inspection conducted by HRV Stewards on 25 July 2014 that he had previously in 2013 or 2014 stomach tubed a horse within 24 hours of a race, believing that to be the relevant timeframe in which he could do so.

Charges 6) ARHR 190B(1) reads as follows:

A trainer shall at all times keep and maintain a log book-

1. listing all therapeutic substances in his or her possession;
2. recording all details of treatment administered to any horse in his or her care and including as a minimum requirement:

1. the name of the horse
2. the date of administration of the treatment
3. the name of the treatment (brand name of active constituent)
4. the route of administration
5. the amount given
6. the name and the signature of the person or persons administering and/or authorising the treatment

This charge under ARHR 190B (1) issued by HRV Stewards against Mr Vincent Costa related to admissions made by Mr Costa during a stable inspection conducted by HRV Stewards on 25 July 2014.

Charges issued against Mr Joseph Costa

Charge 1) ARHR 248 reads as follows:

    A person shall not say, publish or write or cause to be said, published or written anything malicious, intimidatory or otherwise improper about the Controlling Body, its members and employees or the stewards or anyone else associated with the harness racing industry.

The charge under ARHR 248 issued by HRV Stewards against Mr Joseph Costa related to improper comments made by Mr Costa about persons associated with the harness racing industry, namely laboratory officials, during a stable inspection conducted by HRV Stewards on 25 July 2014.

Charge 2) ARHR 231(2) reads as follows:

    A person shall not misconduct himself in any way

The charge under ARHR 231(2) issued by HRV Stewards against Mr Joseph Costa related to inappropriate comments made by Mr Costa towards HRV Stewards during a stable inspection conducted by HRV Stewards on 25 July 2014.

Charges 3) ARHR 190B(1) reads as follows:

A trainer shall at all times keep and maintain a log book-

1. listing all therapeutic substances in his or her possession;
2. recording all details of treatment administered to any horse in his or her care and including as a minimum requirement:

1. the name of the horse
2. the date of administration of the treatment
3. the name of the treatment (brand name of active constituent)
4. the route of administration
5. the amount given
6. the name and the signature of the person or persons administering and/or authorising the treatment

This charge under ARHR 190B (1) issued by HRV Stewards against Mr Joseph Costa related to admissions made by Mr Costa that he did not keep a log book recording such information in accordance with the rule.

The HRV RAD Board received statements from HRV Investigative Steward Anthony Pearce, Veterinarian Dr Richard Cust, Racing Analytical Services Ltd (RASL) Scientific Manager Mr Paul Zahra and Scientific Consultant Dr John Vine.

Both Mr Vincent and Mr Joseph Costa pleaded guilty to all charges and after hearing an agreed submission by the legal representative of the HRV Stewards and the legal representative of Mr Vincent and Joseph Costa as to an appropriate penalty, the HRV RAD Board imposed the penalties listed below.   

Mr Vincent Costa - Penalty

Charge 1       18 Month disqualification

Charge 2       18 month disqualification (concurrent to Charge 1

Charge 3       18 month disqualification (concurrent to charge 1)

Charge 4,5    $4,000 fine (with $2,000 suspended)

Charge 6       $250 fine

Mr Joseph Costa - Penalty

Charge 1       $1,000 fine

Charge 2       $1,500 fine

Charge 3       $250 fine

Mr Vincent Costa’s total 18 month disqualification was backdated to 25 July 2014, a date on which his licence was suspended by HRV Stewards.  Mr Vincent Costa’s disqualification will subsequently conclude as at 25 January 2016.

Acting under ARHR 195, the HRV RAD Board ordered that Uncle Wingnut, Beachstar and Blissfull Hart be disqualified from their respective races and the places be amended accordingly.

Acting under ARHR 200, the HRV RAD Board ordered that all relevant prizemonies from the relevant races be returned to HRV.