GAR 83 (2)(3) and (6): Mr. Graham James failed to present the greyhound ‘Paua To Excite’ free of any prohibited substance for an event at the Healesville Greyhound Racing Club on Sunday, 16 March 2014.
Following advice from Racing Analytical Services Laboratory, the Stewards of Greyhound Racing Victoria conducted an investigation into the results of a post-race urine sample taken from greyhound ‘Paua To Excite’ at the Healesville Greyhound Racing Club meeting held on Sunday, 16 March 2014.
During the investigation, Stewards received evidence from registered trainer Mr. Graham James, Mr. Paul Zahra (Racing Analytical Services Laboratory) and Dr. Steven Karamatic (Greyhound Racing Industry Veterinary Officer).
After considering the evidence, Stewards charged Mr. James with a breach of Greyhounds Australasia Rules 83(2)(3) and (6) in that he did fail to present the greyhound ‘Paua To Excite’ free of any prohibited substance for an event at the Healesville Greyhound Racing Club meeting held on Sunday, 16 March 2014 given that the post-race urine sample taken from the greyhound indicated the presence of the prohibited substance 5β-Androstane-3α, 17β-diol at a mass concentration greater than 10ng/mL.
Under Rule 47.1 of the Greyhound Racing Victoria Local Rules a breach of GAR83 (2)(3) and (6) constitutes a Serious Offence. As a result, on Thursday, 4 September 2014 this matter was heard before the Racing Appeals and Disciplinary Board in the first instance under Greyhound Local Racing Rule 47.3 and Sections 83C(b) and 83M(1) of the Racing Act.
Mr. Graham James represented himself.
After considering all the evidence tendered and submissions received, the RADB determined that Mr. James was guilty as charged and disqualified him for 6 months (with 4 months of this penalty suspended for 12 months pending no further breaches of GAR83 during the 12 month period), effective from Thursday, 4 September 2014.
In assessing penalty, the Board took into account all the evidence and submissions, including the following matters:
(a) Mr. James guilty plea;
(b) The nature of the prohibited substance involved;
(c) The need to maintain the integrity of greyhound racing and ensure a level playing field for all participants;
(d) Prior penalties for similar offences made by the Board and VCAT;
(e) Mr. James character and his clean history in the greyhound industry; and
(f) The special circumstance that Mr. James case was adjourned from 29 July 2014 by the Board, pending another matter involving Mr. James being resolved, during which period Mr. James did not race any greyhounds.
Acting under GAR83(4), the RADB also disqualified ‘Paua To Excite’ from Event 2 – The Yarra Valley Stock Removers – Grade 5 – at the Healesville Greyhound Racing Club meeting held on Sunday, 16 March 2014 and amended the placings as follows:
1st He’s Schmick
2nd Black Beard
4th Man Talk
5th Mary’s Guess
6th Little Bit Irish
Disqualified Paua To Excite