Greyhound Racing NSW (GRNSW) stewards have finalised deliberations on penalty following analysts’ reports of the finding of the prohibited substance 5beta-androstane-3alpha, 17beta-diol at a concentration in urine of greater than 10 ng/ml in the sample taken from Skinny Mumma after it won Race 1, the Club MUDGEE Maiden Stake (311 metres) at the MUDGEE meeting on 28 July 2013.
The presence of the substance was confirmed by the WA Chem Centre on 28 January 2014, with an inquiry into the reports initially set down for hearing on 24 March 2014. Trainer Shannon Bermingham found himself unable to attend an inquiry due to heavy work commitments and it was mutually agreed that the future resolution of the matter be handled via correspondence having reGard to the GRNSW Prohibited Substance Penalty System. Mr Bermingham had voluntarily withdrawn from racing after notification of the confirmation.
Mr Bermingham advised GRNSW of the probability of the reports having occurred due to the administration of testoprop at a dosage of twice the recommended level some six days prior to the race. This admission was consistent with the laboratory reports having reGard to the available data used in setting the threshold for this substance from 1 January 2013.
Following alternate correspondence Mr Bermingham pleaded guilty to a charge under Gar 83 (2) (a) of having presented Skinny Mumma for the event other than free of any prohibited substance in that the urine sample taken from the greyhound after the event was found to contain 5beta-androstane-3alpha, 17beta-diol at a concentration in urine of greater than 10 ng/ml.
After GRNSW had considered submissions from Mr Bermingham on penalty, he was disqualified for 24 weeks, with the penalty to expire at midnight on 7 September 2014. The commencement of the disqualification had reGard to Mr Bermingham’s voluntary withdrawal from the industry, backdated to the initial day of inquiry on 24 March 2014.
In considering penalty, stewards took into account such factors as his unblemished record in 12 years of registration as a trainer, his guilty plea, the lack of any wagering support for Skinny Mumma, relatively low level of the substance reported, previous penalties in relation to this matter and cooperation with GRNSW in determining the probable source of the reports.
Notwithstanding those factors, the requirement for a penalty to be imposed in circumstances where a measure of negligence had been identified as a possible factor in the reports had also to be considered.
Under Gar 83 (4), Skinny Mumma was disqualified from the event in question and the placings amended accordingly.
Mr Bermingham was advised of his right of appeal.
