GAR 83 (2)(3) and (6): Mr. John Barbara failed to present the greyhound ‘Bingo Theory’ free of any prohibited substance for an event at the Bendigo Greyhound Racing Club on Wednesday, 25 June 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 the greyhound ‘Bingo Theory’ at the Bendigo Greyhound Racing Club meeting held on Wednesday, 25 June 2014.
During the investigation, Stewards received evidence from registered trainer Mr. John Barbara, Mr. Paul Zahra (Racing Analytical Services Laboratory) and Dr. Steven Karamatic (Greyhound Racing Industry Veterinary Officer).
After considering the evidence, Stewards charged Mr. Barbara with a breach of Greyhounds Australasia Rules 83(2)(3) and (6) in that he did fail to present the greyhound ‘Bingo Theory’ free of any prohibited substance for an event at the Bendigo Greyhound Racing Club meeting held on Wednesday, 25 June 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 Monday, 10 November 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. John Barbara was represented by Mr. Brendan Smith.
After hearing all the evidence tendered and having regard to GAR83(6), the RADB determined that Mr. Barbara was guilty as charged and disqualified him for 9 months (with 6 months of this penalty suspended for 12 months pending no further breaches of GAR83 occurred during the 12 month period), effective from Friday, 14 November 2014.
Acting under GAR83(4), the RADB also disqualified ‘Bingo Theory’ from Event 1 – The Barbeques Galore Bendigo All Maiden – at the Bendigo Greyhound Racing Club meeting held on Friday, 25 June 2014 and amended the placings as follows:
1st Tappo Osteria
2nd Demolition Guy
3rd Le Luca
4th Fawn Montoya
5th Ella Jordan
6th Ryan Brook
7th My Daniel Boy
Disqualified Bingo Theory
In assessing the penalty, the Board took into account all the evidence and submissions, including the following matters:
(a) Mr. Barbara’s guilty plea including his evidence and greyhound related commercial activities;
(b) The nature of the prohibited substance Androstane;
(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;
(e) Mr. Barbara’s character and his clean history in the greyhound industry.