5 August 2015
Panel: N. Torpey, J. Dart & M. Ross
Racing Queensland (RQ) stewards today inquired into the analysts finding in regard to the Total Carbon Dioxide concentration level (TCO2) found in the blood sample taken from BENNY MAGUIRE NZ prior to the horse competing in Race 3 at Albion Park on 7 July 2015.
The Queensland Government Racing Science Centre (RSC) reported the level of the TCO2 in excess of the threshold as prescribed by the Australian Harness Rules of Racing.
After taking evidence from the trainer of BENNY MAGUIRE NZ Wayne Waltisbuhl stewards charged Mr Waltisbuhl pursuant to Rule 190(1) which reads:
A horse shall be presented for a race free of prohibited substances
The specifics of the charge being that Wayne Waltisbuhl presented BENNY MAGUIRE NZ to race at Albion Park on 7 July 2015 when a pre-race blood sample taken from the horse was found upon analysis to contain a prohibited substance namely TCO2 above the prescribed threshold.
Mr Waltisbuhl pleaded not guilty to the charge. However after considering the evidence presented including that from RSC Centre Veterinary Services Manager, Dr Bruce Young Stewards found Mr Waltisbuhl guilty as charged and disqualified him for a period of twelve (12) months effective immediately.
In determining an appropriate penalty Stewards were mindful that Wayne Waltisbuhl recently been found guilty of a breach of AHR 190(1) relating to a TCO2 finding.
Stewards acting under the provisions of AHR 195 disqualified BENNY MAGUIRE from the race.
