GAR 83 (2) (a): The owner, trainer or person in charge of a greyhound nominated to compete in an Event shall present the greyhound free of any prohibited substance.
Greyhound Racing NSW (GRNSW) stewards have finalised deliberations on penalty following analysts’ reports of the finding of caffeine and its metabolites theophylline, paraxanthine and theobromine in the urine sample taken from You Ess Marshall after that greyhound won the Twin Towns Maiden Series Final (420m) at Tweed Heads on 28 June 2014.
Consistent with the protocols established for dealing with such matters under the GRNSW Prohibited Substance Penalty System, trainer Cyril Wilson was advised of the reports received from the Australian Racing Forensic Laboratory and Racing Analytical Services Ltd Victoria, via written notification of the laboratory findings.
Mr Wilson had advised GRNSW of the probability of the reports having occurred due to the administration of EPO Canine, which testing had shown to contain caffeine. A product warning notice had been distributed by GRNSW in June 2013 in relation to the possible dangers of use of this product close to race day.
Following alternate correspondence Mr Wilson pleaded guilty to a charge under GAR 83 (2) (a) of having presented You Ess Marshall 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 caffeine and its metabolites.
After GRNSW had considered submissions from Mr Wilson on penalty, he was suspended for a period to expire at midnight on 25 January 2015. The period of suspension commenced from 20 October 2014, cognisant of Mr Wilson’s voluntary withdrawal from the industry upon original notification of the penalty proposed.
In considering penalty, stewards took into account his guilty plea, previously unblemished record in more than 30 years of training, a lack of any significant wagering on the event, previous penalties relevant to this substance, his personal circumstances and the effects that such reports have on the image of racing.
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 also had to be considered.
Under GAR 83 (4), You Ess Marshall was disqualified from the event in question and the placings amended accordingly.
Mr Wilson was advised of his right of appeal.