You are here: Home / Non race day hearings / Non Raceday Inquiry RIU v J & J Dickie - Decision on a Request for a Ruling dated 2 November 2019 - Chair, Mr T Utikere

Non Raceday Inquiry RIU v J & J Dickie - Decision on a Request for a Ruling dated 2 November 2019 - Chair, Mr T Utikere

Created on 04 November 2019

BEFORE A JUDICIAL COMMITTEE OF THE

JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

IN THE MATTER of the New Zealand Rules of Harness Racing

BETWEEN RACING INTEGRITY UNIT (RIU)

Informant

AND J & J DICKIE

Respondent(s)

Judicial Committee: Mr T Utikere (Chairman)

Mrs N Moffatt (Member)

Parties: Mr O Westerlund (for the RIU)

Messrs J & J Dickie (as the Respondent(s))

DECISION OF JUDICIAL COMMITTEE ON A REQUEST FOR A RULING DATED 2 NOVEMBER 2019

THE REQUEST

[1] The Racing Integrity Unit (RIU) have filed a Request for a Ruling seeking the disqualification of SERTORIUS from Race 3 (Grand Park Mobile Trot) of the Auckland Trotting Club’s Meeting on 23 August 2019. They seek the Ruling pursuant to Rule 1004D(1) of the New Zealand Rules of Harness Racing.

[2] The Request for the Ruling cites that the horse in question was “...taken to a racecourse for the purpose of engaging in a race and being found to have administered to it, or ingested by it, a prohibited substance, namely Sotalol”.

[3] The relevant provisions of Rule 1004D state:

(1) Any horse taken to a racecourse for the purpose of engaging in a race which is found to have administered to it or ingested by it a prohibited substance (which includes out of competition prohibited substances) must be disqualified from that race.

(2) The mandatory disqualification under sub-rule (1) applies regardless of the circumstances in which the substance came to be present in or on the horse.

...

(6) Disqualification and changes of placing under this rule, will take effect from the immediate Monday following the judicial decision or such other time as the Judicial Committee determines.

[4] The Committee is in receipt of a number of documents, including the Notice of Appointment, a copy of Information A8477 along with the relevant Rule Provisions. The RIU have also submitted a Preliminary Summary of Facts, along with a signed statement from the Respondent(s), consenting to the disqualification sought by the RIU.

[5] After considering the documents submitted to us, the Committee has determined that it is appropriate to deal with this request on the papers.

REASONS

[6] The Committee is satisfied, based on what has been placed before it, that SERTORIUS was presented to race, and did race, in Race 3 of the Auckland Trotting Club’s Meeting on 23 August 2019. We are also satisfied that based on the sample analysis, which included an external testing of the “B sample” by the Australian Forensic Racing Laboratory in Sydney, New South Wales; it was also found to have administered to it, or ingested by it, the substance known as Sotalol.

[7] We are also aware, via the documents submitted, of the reasons that may have led to the Sotalol being in the horse’s system, and we have received documentation from racing authorities around what may need to be put into place to mitigate any future risks. However, this Committee is only focussing on the Request for the horse to be disqualified from the race that it ran in on 23 August last.

[8] Harness Racing New Zealand’s Chief Veterinarian, Andrew Grierson, has provided information about Sotalol. After reviewing that information, we accept that Sotalol and its metabolites fall within the definition of being capable of acting, directly or indirectly, on one or more mammalian body systems (namely the cardiovascular system). Furthermore we are satisfied that it also falls within the category of an “adrenergic blocking agent” and an “antiarrhythmic agent”; and is therefore captured by the Prohibited Substance Rule(s).

[9] Rule 1004D directs the requirement for SERTORIUS to be disqualified from Race 3 of the Auckland Trotting Club’s Meeting on 23 August 2019. Due to the receipt of the signed statement from Mr Joshua Dickie, on behalf of his training partner and the owners of the horse, we also note that the respondent(s) are aware that the disqualification must follow.

[10] There is provision within Rule 1004(8) for the horse concerned to also be liable for a possible period of disqualification not exceeding five years. The Committee declines to exercise that discretion in relation to this Request for a Ruling.

RESULT

[11] The following orders are made:

A. That SERTORIUS is disqualified from Race 3 (Grand Park Mobile Trot) of the Auckland Trotting Club’s Meeting on 23 August 2019. Any financial benefits paid, or to be paid, as a result of SERTORIUS’s placing in that race are to be refunded for redistribution in accordance with the amended placings.

B. In accordance with Rule 1004D(6), this disqualification takes effect from Monday 4 November 2019.

Signed at Palmerston North this 2nd day of November 2019.

Mr Tangi Utikere

Chairman

Document Actions