ON Monday August 21, 2017, Harness Racing New South Wales Stewards conducted an inquiry into a report received from the Australian Racing Forensic Laboratory (ARFL) that benzoylecgonine and ecgonine methyl ester, metabolites of cocaine, had been detected in the post-race urine sample taken from DESTINY WARRIOR following its win in Race 5 DUBBO RSL CLUB FINAL (2120m) at Dubbo on Wednesday, February 22, 2017.
Licensed trainer Mr N Turnbull appeared at the inquiry accompanied by his legal advisor who sought and was granted permission for the trainer to be represented by D Sheales Barrister.
Evidence was heard from and on behalf of Mr Turnbull, from licensed trainer A Williams and a person known to Mr Turnbull who accompanied the trainer to the Dubbo races.
Evidence was also heard from HRNSW Regulatory Veterinarian, Dr Martin Wainscott.
After fully considering all the evidence Stewards issued a charge against Mr Turnbull pursuant to Australian Harness Racing Rule (AHRR) 190 (1), (2) & (4) as follows:
AHRR 190. (1) A horse shall be presented for a race free of prohibited substances.
(2) If a horse is presented for a race otherwise than in accordance with sub rule (1) the trainer of the horse is guilty of an offence.
(4) An offence under sub rule (2) or sub rule (3) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.
Mr Turnbull pleaded guilty to the charge laid. On the trainer’s behalf Mr Sheales then presented submissions in regards to penalty.
Having regards to certain detailed aspects of the Barrister’s submission on penalty, Stewards adjourned to fully consider the submission and examine references tendered on behalf of the trainer as being relevant.
On Monday September 18, 2017, Stewards announced that taking all the circumstances into consideration they had determined that Mr Turnbull be disqualified for a period of two years and six months to commence at midnight on Wednesday, September 20, 2017.
In determining penalty Stewards acknowledged the following:
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The serious nature of this offence;
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Mr Turnbull’s guilty plea;
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Cocaine, including its metabolites, as being a Class 1 Prohibited Substance under the HRNSW Penalty Guidelines;
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Mr Turnbull’s previous record noting no previous prohibitive substance offences; and
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Mr Turnbull’s licence history and other personal subjective facts.
HRNSW Stewards acting under the provisions of AHRR 195 being satisfied that benzoylecgonine and ecgonine methyl ester, metabolites of cocaine, were substances prohibited under the rules, ordered DESTINY WARRIOR be disqualified from the abovementioned race.
Mr Turnbull was advised of his right to appeal these decisions. HRNSW are advised the trainer has exercised his right to appeal the penalty imposed.
Harness Racing NSW (HRNSW) is the controlling body for harness racing in New South Wales with responsibility for commercial and regulatory management of the industry including 33 racing clubs across the State. HRNSW is headed by a Board of Directors and is independent of Government.
To arrange an interview or for further information please contact:
MICHAEL PRENTICE | INTEGRITY MANAGER
(02) 9722 6600 • mprentice@hrnsw.com.au
GRAHAM LOCH | CHAIRMAN OF STEWARDS
(02) 9722 6600 • gloch@hrnsw.com.au
