Harness Racing New South Wales (HRNSW) Stewards conducted an Inquiry on February 14 in relation to reports from the Australian Government National Measurement Institute (NMI) that Cobalt above the threshold of 100 micrograms per litre in urine had been detected in the urine samples taken from;
- CLASSIC ARC following its win in race 5, the HAPPY 30TH BIRTHDAY JORDAN MURPHY PACE (1609 metres) conducted at Newcastle on Friday 3 September 2021;
- MAGIC SHOOS following its win in race 9, the TAB VENUE MODE PACE (1609 metres) conducted at Newcastle on Friday 3 September 2021; and
- OUR BUSHWACKER following its win in race 8, the TAB LONG MAY WE PLAY PACE (1609 metres) conducted at Newcastle on Friday 24 September 2021.
The āBā samples were confirmed by the Chemcentre in Western Australia.
Licensed Trainer Mrs Stacie Elliott and HRNSW Regulatory Veterinarian Dr Martin Wainscott were present and provided evidence to the Inquiry. Results of analysis for samples obtained from Mrs Elliottās registered training establishment and documents provided by Furneyās Stockfeeds were also entered into evidence.
Mrs Elliott pleaded guilty to three (3) charges issued by HRNSW Stewards pursuant to the Australian Harness Racing Rule (AHRR) 190 (1), (2) & (4) as follows:
AHRR 190.Ā (1)Ā A horse shall be presented for a race free of prohibited substances.
(2)Ā 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.
(3)Ā If a person is left in charge of a horse and the horse is presented for a race otherwise than in accordance with sub rule (1), the trainer of the horse and the person left in charge is each guilty of an offence.
(4)Ā 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.
In relation to the charges, HRNSW Stewards were satisfied to the requisite standard that the Cobalt levels recorded in this matter occurred as a result of an error made during the feed manufacturing process. Consequently, pursuant to AHRR 256(6), HRNSW Stewards did not impose a penalty upon Mrs Elliott and did not enter a conviction on her offence record.
In considering penalty HRNSW Stewards were also mindful of the following:
- Mrs Elliottās personal subjectives;
- The totality of the evidence and circumstances in this matter;
- Mrs Elliottās guilty pleas;
Acting under the provisions of AHRR 195, CLASSIC ARC, MAGIC SHOOS and OUR BUSHWACKER were disqualified from the abovementioned races.
Mrs Elliott was advised of her right to appeal these decisions of the HRNSW Stewards.