The Racing Appeals Tribunal (RAT) last week heard an appeal by licensed trainer Alan Donohoe against a six-year disqualification imposed by Harness Racing Victoria under various charges relevant to the substance Aranesp (darbepoetin alfa).
From the outset HRV revised the five charges originally issued under Rule 243, which states that “a person employed, engaged or participating in the harness racing industry shall not behave in a way which is prejudicial or detrimental to the industry”.
The revised particulars were that Mr Donohoe administered a substance to a horse trained by him that he believed was Aranesp (darbepoetin alfa), a Schedule 4 drug and a prohibited substance under the Rules of Harness Racing.
The five charges related to the period between July and October 2008 and involved the horses Schultz, Jimmy Jazzalong, Bailey Bromac, Disco Lemonade and Riverboat Rosie.
Mr Donohoe pleaded guilty to the five revised charges.
HRV withdrew a charge under Rule 194, which related to holding and controlling a prohibited substance.
In regard to a charge under Rule 187(2), which related to giving false and misleading information to a Stewards inquiry, Mr Donohoe amended his plea to guilty.
The appeal proceeded on the basis of penalty only.
Judge Williams of the RAT in handing down his decision made it clear that substances such as Aranesp have the potential to create significant unfairness in racing and was a form of cheating that warrants significant deterrent.
Under all the circumstances of this particular case Judge Williams varied the penalty for the five charges under Rule 243 to a period of four years on each, and ordered that these be served concurrent.
With respect to the charge under Rule 187(2) for giving false and misleading information to a stewards inquiry the original 12-month disqualification imposed was unchanged.
It was, however, ordered that six months of that period be served concurrent with the other penalties.
In total this brought Mr Donohoe’s disqualification to four years and six months effective from July 24, 2009.
