29 July, 2004

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Harness Racing Victoria (HRV) Stewards last night concluded their inquiry into licensed ?A? grade trainer Mr Martin Herbert presenting the following horses to race with the prohibited substance propantheline in their system;

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• Antigua Bay ? Cranbourne on 7 February 2004

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• Bally Hooley ? Maryborough on 5 May 2004.

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Prior to the commencement of the inquiry, Solicitor Ross Inglis (Ryan, Carlisle & Thomas Solicitors) made a submission to the Stewards panel to appear on behalf of Mr Herbert and Mr Robert Proberts during the course of today?s proceedings. The Stewards acting under the provisions of HRV Rule 183, refused Mr Inglis? application, however permitted him access to the inquiry when the Stewards made a finding in this matter.

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Stewards then considered evidence from Mr Brant Dunshea Senior Stipendiary Steward, Dr Richard Cust Veterinary Surgeon ? Harness Racing Victoria (HRV), Dr John Vine Laboratory Director ? Racing Analytical Services Limited (RASL), licensed ?A? grade trainer Mr Martin Herbert and registered owner Mr Robert Proberts.

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Mr Herbert pleaded guilty to breaching Rule 190 (1) & (2) on two separate occasions by presenting the aforementioned horses to race not free of a prohibited substance.

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Mr Inglis and Mr Herbert made further submissions to the inquiry in regards to the penalty that may be imposed by HRV Stewards.

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The Stewards then disqualified Mr Martin Herbert for a period of six months and fined him $2500 on each charge. Acting under the provisions of Rule 257 Stewards ordered that the penalties be served cumulatively. Thus in total, Mr Herbert must serve a 12 month disqualification period and pay a $5000 fine.

Acting under the provisions of Rule 195, the Stewards ordered that the two horses be disqualified from their respective races and amended the placing as follows;

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?Eastern Challenge (3^rd Heat)? @ Cranbourne on 7 February 2004

1^st ? Outatown Guy NZ

2^nd ? Impressive Fella

3^rd ? Hollywood Stride

4^th ? Gary Grant

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?Mamouneys Saddleworld Bendigo Pace? @ Maryborough on 5 May 2004

1^st ? Walton Van

2^nd ? Secretlegacy

3^rd ? Statewide

4^th ? Foxspur

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Stewards then acting under the provisions of Rule 200 (1), ordered that all prize money won in these races by the respective owners of Bally Hooley and Antigua Bay be refunded to HRV.