14 July 2015
Panel: D Farquharson, K Wolsey, J Dart
Racing Queensland (RQ) Stewards today conducted an inquiry into a report from the Queensland Government Racing Science Centre (RSC) that a blood sample taken from A GOOD CHANCE at Albion Park on 16 May 2015 prior to it competing in the Seymour Nursery Pace 3YO Colts and Geldings Final returned an elevated total plasma carbon dioxide (TCO2) concentration of 36.0 mmol/L.
Evidence was today taken from licensed trainer Mr Donny Smith and owner Mrs Maureen Smith. Explanations were tendered regarding feeding and husbandry practices leading up to the race in question. Evidence was also provided by Dr Bruce Young, Manager, Veterinary Services at the RSC.
Submissions tendered by Dr Young suggested that an elevated total plasma carbon dioxide concentration will equilibriate within 24 hours. This evidence did not support Mr Smith’s assertion that the elevated level of TCO2 was due to factors such as excitement, dehydration and having a second race start within the week, which Mr Smith identified as the only difference to the horse’s normal racing routine.
After considering all the available evidence Stewards issued Mr Smith with a charge pursuant to Australian Harness Racing Rule 193 (3) which reads:
“A person shall not administer or allow or cause to be administered any medication to a horse
on race day prior to such horse running in a race.”
Stewards were mindful of Rule 193 (6) which states:
“For the purposes of this rule medication means any treatment with drugs or other substances.”
The particulars of the charge being that Mr Donny Smith, as the licensed trainer of A GOOD CHANCE when it raced at Albion Park on 16 May 2015, did administer or allow or cause to be administered medication, namely an alkalinising agent, to that horse on race day.
After considering further submissions, Stewards were of the view that on the balance of probability the charge could be sustained and found Mr Smith guilty of the charge as issued.
In determining the matter of guilt Stewards placed significant weight on the expert evidence provided by Dr Young whose opinion is based on peer reviewed scientific research and statistical analysis. This evidence supported the notion that the only credible explanation for the elevated level of TCO2 detected in the blood sample taken from A GOOD CHANCE was by way of administration of an alkalinising agent on race day. Stewards also took into consideration the analysis of a resting blood sample taken from A GOOD CHANCE on 4 June 2015 which revealed a TCO2 concentration of 27.3 mmol/L, and the fact that all other race day blood samples taken from A GOOD CHANCE returned TCO2 levels within the average range.
When assessing an appropriate penalty Stewards accepted that the measurement of 36.0 mmol/L and the confirmatory reading of 35.5 mmol/L did not give rise to a positive sample, however a positive result is not required when Stewards consider whether a person is in breach of AHR Rule 193 (3). Mr Smith’s previous unblemished record over an approximate 20 year period, his personal circumstances and penalty precedents for a breach of this rule were also taken into account.
Stewards were of the opinion that any penalty imposed must serve as both a specific deterrent and a general deterrent to reflect the seriousness of the charge and to illustrate to the industry that a breach of this nature will not be tolerated.
Mr Smith was fined $5000.
Acting under AHR Rule 193 (5) A GOOD CHANCE was disqualified from its 3rd placing in the 2015 Seymour Nursery Pace 3YO Colts and Geldings Final and all other placegetters were amended accordingly.
Mr Smith was advised of his rights of appeal.
