Greyhound Racing NSW stewards conducted inquiries into analysts’ reports that the urine sample taken from Risk Assessment after that greyhound won Race 2 at Unibet Gardens on Saturday 7 September 2013, and that the urine sample taken from Chief Hanky after that greyhound won Race 6 at Maitland Greyhound Racing Club on Thursday 3 October 2013, had been analysed and found to contain the prohibited substance piroxicam.
Due to the particular circumstances of both cases, the inquiries were held in conjunction with one another.
Evidence was taken from Risk Assessment’s trainer Paul Constable, Chief Hanky’s trainer Robert Howard, manager of the EDI Syndicate (owner of Chief Hanky) Tony Pearce and from Australian Racing Forensic Laboratory (ARFL) Science Manager Dr Adam Cawley. Written evidence was entered from the ARFL, the ARFL’s Senior Veterinarian Dr Craig Suann, Racing Analytical Services Victoria, Mr Howard and Mr Pearce.
The inquiry heard that some six days prior to 7 September 2013, Risk Assessment had been left in the care of Mr Howard at the Keinbah Trial Track in order to trial before being returned to Mr Constable. After trialling, the greyhound was left in the care of Mr Howard before being presented at Unibet Gardens by Mr Constable.
The inquiry also heard evidence, supported by a statutory declaration, that a EDI Syndicate representative who was on significant levels of treatment for a medical condition, including the use of the piroxicam containing preparation Feldene, had been in contact with Risk Assessment on the day of the race and with Chief Hanky some four days prior to the race at the kennels of Mr Howard. The very low comparative levels of piroxicam reported in each sample supported the evidence presented to the inquiry.
Mr Constable subsequently pleaded guilty to a charge under Gar 83 (2) (a) in that he presented Risk Assessment for the race in question other than free of any prohibited substance in that the urine sample taken from the greyhound was found to contain piroxicam. In the particular circumstances of this case, Mr Constable was fined $500. Under the provisions of Gar 95 (3) the penalty was suspended in full for 12 months conditional on Mr Constable not breaching the prohibited substance rules in that period.
In considering penalty, consideration was given to the peculiar circumstances surrounding the presentation of the greyhound, Mr Constable’s record of having no rule breach in more than 38 years of training, inclusive of having a large number of previously cleared samples, his active participation level in that time, his contribution to the industry through official involvement with race clubs, evidence of no kennel support for the greyhound, his guilty plea and the nature of the substance reported.
Under Gar 83 (5) Risk Assessment was disqualified from the event and the placings amended accordingly.
Risk Assessment was also disqualified from the final of the series on 13 September 2013, in which it ran fourth, and the placings amended accordingly.
Mr Howard also pleaded guilty to a charge under Gar 83 (2) (a) in that he presented Chief Hanky for the race in question other than free of any prohibited substance in that the urine sample taken from the greyhound was found to contain piroxicam. In the particular circumstances of this case, Mr Howard was fined $500. Under the provisions of Gar 95 (3) the penalty was suspended in full for 12 months conditional on Mr Howard not breaching the prohibited substance rules in that period.
In considering penalty, consideration was given to the peculiar circumstances surrounding the presentation of the greyhound, Mr Howard’s record of having no rule breach in more than 30 years of training, inclusive of having a large number of previously cleared samples, his personal circumstances and investment in the industry, the extremely low level of the substance reported, evidence of no kennel support for Chief Hanky on the day and his guilty plea.
Under the provisions of Gar 83 (5), Chief Hanky was disqualified from the event at Maitland on 3 October 2013 and the placings amended accordingly.
Chief Hanky was also disqualified from the final of the series on 10 October 2013, in which it ran fourth, and the placings amended accordingly.
