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Request for a Ruling RIU v N A Chilcott - Decision dated 23 January 2020 - Chair, Mr B J Scott

Created on 27 January 2020

BEFORE A JUDICIAL COMMITTEE

APPOINTED BY THE JUDICIAL CONTROL AUTHORITY

Information No: A8481

IN THE MATTER of the New Zealand

Rules of Harness Racing

BETWEEN RACING INTEGRITY UNIT

Mr O Westerlund

Investigator

Informant

AND Nicola Ann Chilcott

Public Trainer/Open

Driver

Respondent

Information No: A8481

Judicial Committee: Mr B J Scott, Chairman

Mr A J Dooley, Member

RULING OF JUDICIAL COMMITTEE

1. The Informant, the RIU seeks a ruling under Rule 1004D(1) of the New Zealand Rules of Harness Racing disqualifying the horse PHOEBE IMPERIAL from Race 3, the Thames HRC 100 Years Mobile Trot held by the Auckland Trotting Club at Alexandra Park on 13 December 2019. The horse is alleged to have tested positive for Salbutamol.

2. Rule 1004(1A) states: A horse shall be presented for a race free of prohibited substances.

3. Rule 1004(4) provides: A breach of sub-rule (1A) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.

4.1. Rule 1004D(1) states: 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.

4.2. 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.

5. The Committee is in receipt of a number of documents relating to this matter and after considering those documents the Committee has determined that it is appropriate to deal with this request on the papers.

6. The Prohibited Substances Regulation 1 provides that respiratory stimulants and substances capable of causing directly or indirectly inaction or effect on the respiratory system are prohibited substances.

7. PHOEBE IMPERIAL is a five year old bay gelding trained by Ms Chilcott at Cambridge Raceway. PHOEBE IMPERIAL is owned by G D Beckett, Mrs D R Beckett, C G Thomas, P R Kearns, I D Stevenson, Mrs P E Stevenson, Miss L A Chilcott, G E Chilcott and Mr N L Champion.

8. PHOEBE IMPERIAL was correctly entered and presented by Ms Chilcott to race in Race 3, the Thames HRC 100 Years Mobile Trot at the Auckland Trotting Club meeting on 13 December 2019. PHOEBE IMPERIAL won the race, winning a stake of $8,025.00. This stake has not yet been paid out.

9. PHOEBE IMPERIAL was postrace swabbed and a urine sample was taken after it entered the swab box at 7.31 p.m. in the presence of Mr G Gillies who was representing the Trainer Ms N A Chilcott. This swab was recorded with a swab card number 151931. Ms Chilcott does not contest the taking of the sample.

10. On 31 December 2019 the Official Racing Analyst reported in writing that the sample from PHOEBE IMPERIAL had tested positive to Salbutamol. On 31 December 2019, New Zealand Racing Laboratory Services issued a Certificate of Analysis showing that Salbutamol was detected in the sample.

11. The result is a breach of the Rules of Harness Racing which specify that Salbutamol is a prohibited substance.

12. On 21 January 2020 Ms Chilcott advised the RIU Investigator, Mr Westerlund that she consented to PHOEBE IMPERIAL being disqualified from the race.

13. We rule pursuant to r 1004D(1) that PHOEBE IMPERIAL is disqualified from Race 3 at the Auckland Trotting Club meeting on 13 December 2019.

14. 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.

15. Amended placings are:

1st - St Michel (No. 2)
2nd – Galleons Victory (No. 13)
3rd - Tobruk (No. 9)
4th – Presidential Jewel (No. 7)
5th – Minnie Bow Tique (No. 5)

16. Stakes are to be paid accordingly.

DATED at Pukekohe this 23rd day of January 2020

Bryan Scott - Chairman

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