HRV RAD Board Hearing – Shane Hillier
The Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board today heard a matter in regards to charges issued by HRV Stewards under Australian Harness Racing Rule (AHRR) 190(1) against licensed NSW trainer Mr Shane Hillier.
AHRR 190(1) reads as follows:
A horse shall be presented for a race free of prohibited substances.
The charge under AHRR 190(1) issued by HRV Stewards against Mr Hillier related to a urine sample collected from the horse ‘Sir Roy’ following its 1st placing in Race 2, the ‘Shepparton Renault Pace’, at Shepparton on 11 June 2015. Racing Analytical Services Limited (RASL) reported that analysis of the urine sample revealed the sample to contain a prohibited substance, namely arsenic, in excess of the allowable threshold.
During the investigation Mr Hillier explained that the only possible explanation for the analysis results were the fence posts on his property which had been chewed, with Mr Hillier indicating that he used an arsenic based product throughout his career in accordance with his usual practice and understanding of the withholding period for such product called Invigorate which he viewed as being helpful with respect to a horse’s appetite and coat. Subsequent analysis of samples of these fence posts from Mr Hillier’s NSW property revealed they contained arsenic at levels consistent with Copper Chromium Arsenic (CCA) treated timber.
As background, with the acquisition of a machine capable of testing for cobalt by RASL (preventing the need for samples to be sent interstate or overseas), in June 2015 the laboratory (RASL) were also able to commence the routine testing of all collected urine samples for other metals including arsenic. With a number of samples above the threshold becoming apparent in racing jurisdictions, and common explanations as to the cause of such irregularities provided, the University of Melbourne were engaged to conduct an administration trial by RASL, HRV and other racing authorities that had also been screening raceday samples for the presence of arsenic.
At the RAD Board hearing, in addition to the consideration of statements from HRV Stewards and RASL, the HRV RAD Board considered a report from Associate Professor Cate Steel and Professor Ted Whittem from the University of Melbourne which centred on the extensive research conducted by the University of Melbourne where a trial was conducted to research the levels of arsenic in horses that had ingested a known amount of CCA treated timber sawdust. The trial revealed that it is a possibility that a horse could have a urinary level of arsenic that exceeds the threshold concentration if it chews and ingests a sufficiently large quantity of CCA treated timber. Further studies will be done in the future in an attempt to distinguish between the inorganic and organic forms of arsenic.
Mr Hillier pleaded guilty to the charge issued under AHRR 190(1). The HRV RAD Board formally found Mr Hillier guilty though imposed no penalty against Mr Hillier in all the circumstances of the case. In making this order, the HRV RAD Board had regard to the nature of the substance in that arsenic based products have been suggested by manufacturers as tonics that are purported to improve appetite or the appearance of the coat of a horse. The RAD Board also considered that the arsenic threshold had been developed a number of decades ago in Hong Kong in response to the suggestion (at the time) that horses were being ‘stopped’ through the use or arsenic rather than any suggested enhancement of performance. The HRV RAD Board particularly considered the results of the trial conducted by the University of Melbourne, the analysis of the fence posts from Mr Hillier’s property, Mr Hillier’s guilty plea and prior record in regard to this rule whilst presenting over 900 horses to race. The RAD Board considered the principles of the High Court decision of Veen v The Queen when taking into account the 1 previous matter on Mr Hillier’s record in 2009. The RAD Board also considered other precedent cases involving the substance, including the matter of Rasmussen in Queensland in 2015 whereby no penalty was imposed for such an arsenic case. The RAD Board also considered the length of time involved as a result of the thoroughness of the investigation and administration trials conducted by the University of Melbourne.
The HRV RAD Board ordered that ‘Sir Roy’ be disqualified from Race 2 at Shepparton on 11 June 2015, under AHRR 195, and that the placings be amended accordingly. Additionally, the HRV RAD Board ordered all prizemoney for the relevant race be returned under AHRR 200.
