On Thursday 12 and Friday 13 March 2015, Harness Racing New South Wales (HRNSW) Stewards continued inquiries into reports received from the Australian Government National Measurement Institute (NMI) that Cobalt above the threshold was detected in the following horses trained at the relevant time by Mr Dean McDowell and Mr Neil Day;
- CHEVALS CHARLIE (Mr Dean McDowell) following its win in race 2, the Schweppes 30th Anniversary Pace (1740 metres) conducted at BBX Bankstown on 28 February 2014.
- THE TWILIGHTDANCER (Mr Dean McDowell) following its win in race 3, the Australasian Young Drivers Championship Heat Eight (2140 metres) conducted at BBX Bankstown on 28 February 2014
- BENZI MARSH ( Mr Neil Day) following its win in race 5, the Final Goulburn Soldiers Club Goulburn Championship (1710 metres) conducted at Goulburn on 24 February 2014
Mr John Murphy of Counsel represented Mr McDowell at the Inquiry concerning him conducted on 12 March 2015 and represented Mr Day at the Inquiry concerning him on 13 March 2015. On each occasion, Mr Murphy informed the Stewards Panel that his client would not be attending theInquiry, which Stewards acknowledged.
Consequently, HRNSW Stewards issued charges against both Mr McDowell and Mr Day pursuant to Australian Harness Racing Rule 187 (1) for failing to attend an inquiry in accordance with a direction issued by the Stewards.
On 16 March 2015, Mr Murphy filed submissions in response to the charge on behalf of both Mr McDowell and Mr Day. The Stewards, in separate decisions delivered in writing on 26 March 2015, found the charge issued against each of Mr McDowell and Mr Day pursuant to Rule 187 (1) proven.
On 2 April 2015, joint submissions on penalty were filed with HRNSW by legal representatives for Mr McDowell and Mr Day. On 6 May 2015, the Stewards handed down written reasons for their decisions as to penalty .
Mr McDowell was issued with a disqualification of 3 years and 6 months, which is to commence at the expiry of his current period of disqualification which was imposed on 12 March 2015.
Mr Day was issued with a disqualification of 3 years and 3 months which is to commence at the expiry of his current period of disqualification which was imposed on 13 March 2015.
Both Mr McDowell and Mr Day have lodged appeals with the NSW Racing Appeals Tribunal against the decision of the Stewards . No application for a stay has been made.
A full copy of the Stewards’ decisions of 26 March 2015 and 6 May 2015 can be found at the following links:
Mr Neil Day & Mr Dean McDowell Penalty Decision
Mr Dean McDowell Stewards Decision
Mr Neil Day Stewards Decision
Rules 187(1), provides:
A person who is directed to do so by the Stewards shall attend an inquiry or investigation convened or conducted by them.
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.
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To arrange an interview or for further information please contact:
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Name:
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Reid Sanders
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Position:
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Chief Operating Officer
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Phone:
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(02) 9722 6600
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Email:
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rsanders@hrnsw.com.au
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