NSW greyhound trainer Jason Mackay disqualified for two years
Prominent New South Wales Hunter Valley greyhound trainer Jason Mackay has been disqualified for two years by the NSW Greyhound Welfare and Integrity Commission (GWIC) after returning two ‘out of competition' positive swabs to a permanently banned substance. A subsequent inspection of Mackay's kennels revealed unlabelled and unprescribed prohibited substances.
On Thursday, GWIC completed an inquiry in to two out of competition positive swabs taken from greyhounds trained by Mackay during the Richmond Derby and Oaks series. The greyhounds Fantastic Raven and Zipping Maserati both returned positive swabs to Gonadorelin.
Gonadorelin, more commonly known by the retail brand name Fertagyl; is a gonadotrophic releasing hormone which stimulates the pituitary gland to stimulate sex hormone production. When used in male greyhounds, it can artificially elevate Testosterone levels which can improve performance.
Fertagyl was specifically named as a permanently banned substance in 2016 by Greyhounds Australasia (GA) when they introduced National Racing Rule 139 (formerly Rule 79A) which banned “Gonadotropin releasing hormone (GnRH) including synthetic analogues, modulators or agonists (including but not limited to gonadorelin, buserelin, deslorelin, goserelin, leuprorelin, narfarelin and triptorelin)”.
In 2009 AustralianRacingGreyhound.com flagged the widespread use of Fertagyl as a specific issue in greyhound racing noting that “Drugs such as Fertagyl were originally designed as an aid for farmers to bring sheep and cattle “on season”, but its use in male greyhounds causes stimulation of the sex organs creating a surge of natural testosterone to increase aggression, confidence and chase. As Fertagyl is actually Gonadotrophic Releasing Hormone it is a precursor hormone and its use has so far gone undetected, despite being widely used for the best part of nearly twenty years”.
It is only in recent years where we have begun to see positive swabs to Gonadorelin (Fertagyl) with prominent Queensland trainer Darren Russell one of the last to be prosecuted in June 2022 and receiving a 12-month disqualification for administering Fertagyl to two greyhounds he was training.
During the 2022 Richmond Derby race series greyhounds Fantastic Raven and Zipping Maserati ,trained by Jason Mackay; returned positive swabs to Gonadorelin in out of competition swabs taken on Wednesday June 22 2022.
Fantastic Raven competed in the 2022 Group 2 Richmond Oaks final on Friday June 24 2022, finishing second.
Zipping Maserati competed in the 2022 Group 2 Richmond Derby final on Friday June 24 2022, finishing fifth.
Following receipt of the two certificates of analysis from Racing Analytical Services Limited (RASL) dated Thursday August 4 2022, GWIC conducted an investigation into the results of the two out of competition samples taken from the greyhounds.
On Saturday August 6 2022 GWIC attended Mr Mackay's kennel premises to conduct a kennel inspection in relation to the results. During the kennel inspection, GWIC Inspectors located and seized 10 barking muzzles. Mr Mackay admitted to a GWIC Inspector to using a barking muzzle the day prior on an unnamed greyhound.
GWIC Inspectors also located and seized unlabelled and unprescribed prohibited and exempted substances from Mr Mackay.
Further analysis of the two samples was conducted by the New Zealand Racing Laboratory (“Confirmatory Laboratory”). The Confirmatory Laboratory confirmed the presence of Gonadorelin in both samples.
On Thursday October 20 2022 Mr Mackay was issued with a notice of charge and proposed disciplinary action (“Notice”) in relation to the charges, setting out the proposed disciplinary action to be taken and the grounds in support of that proposed disciplinary action. The Notice also provided a brief of evidence for the charges.
In the Notice issued on 20 October 2022 GWIC charged Mr Mackay with seven charges under Rule 139(3)(a), Rule 30(2), Rule 151 and Rule 148(2).
The relevant Rules read:
- Rule 139(3)(a)
(3) When a sample taken from a greyhound being trained by a trainer or in the care of a registered person has been established to contain a permanently banned prohibited substance:
(a) the trainer and any other person who was in charge of the relevant greyhound at the relevant time shall be guilty of an offence; - Rule 30(2)
(2) An offence is committed if a person uses a Barking Muzzle at any time, on any greyhound, unless:
(a) in circumstances approved by a Controlling Body; or
(b) used by a veterinarian for the sole purpose of examination or treatment. - Rule 151
(1) The person in charge of a greyhound must keep and retain written records detailing all vaccinations, antiparasitics and treatments administered to the greyhound:
(a) from the time the greyhound enters their care until the greyhound leaves their care; and
(b) for a minimum of two years.
(4) An offence is committed if any person in charge of a greyhound at the relevant time fails to comply with any of subrules (1) to (3) of this rule. - Rule 148(2)
(2) A person must not provide, possess, acquire, attempt to acquire, administer, attempt to administer or allow to be administered to a greyhound any prohibited substance, exempted substance or any other substance (including any other medication, medicine, injectable substance, supplement, herbal product or therapeutic good) that is not labelled, prescribed, dispensed and obtained in accordance with relevant Commonwealth, state and territory legislation.
On Thursday November 10 2022 Mr Mackay and his legal representative attended a hearing in relation to the matter. At the hearing, Mr Mackay entered a guilty plea to all of the charges. Mr Mackay's legal representative then brought evidence from a number of witnesses and made submissions on Mr Mackay's behalf.
GWIC adjourned the hearing to consider the evidence and submissions and determined to hand down the penalty in writing.
Following consideration of the material and submissions, GWIC found the charges proven and took the following disciplinary action against Mr Mackay:
- Charge 1 (Rule 141(1)(a)): To disqualify Mr Mackay for a period of 2 years;
- Charge 2 (Rule 141(1)(a)): To disqualify Mr Mackay for a period of 2 years;
- Charge 3 (Rule 30(2)): To issue a fine of $750;
- Charge 4 (Rule 151)): To issue a fine of $375;
- Charge 5 (Rule 151)): To issue a fine of $375;
- Charge 6 (Rule 148(2)): To issue a fine of $200;
- Charge 7 (Rule 148(2)): To issue a fine of $200;
GWIC determined that the penalties imposed for Charges 1 & 2 are to be served concurrently.
In taking this disciplinary action, GWIC considered all evidence, including:
- GWIC's Penalty Guidelines, which outlines the objective seriousness of the detection of a permanently banned prohibited substance of this type, and indicated a penalty of a 3-year disqualification for a Category 1A substance, of which gonadotropin falls into. GWIC notes the need to rely upon its own penalty guidelines when determining an appropriate penalty, because to do otherwise would not provide any level of certainty to industry participants as to what likely outcomes will flow from breaches of this, or other rules.
- The length of time Mr Mackay has held a registration, being since 1987, a period of approximately thirty-five (35) years. Whilst this factor was noted, it was not considered a factor in mitigation, due to Mr Mackay's disciplinary history whilst licenced.
- Mr Mackay's disciplinary history – which includes: o two breaches of 86(o) and one breach of Rule 101(2)(b), finalised in October 2021; one breach of Rule 83(2)(a) following the detection of Firocoxib, finalised in April 2021; and three breaches of Rule 83(2)(a) following the detection of 5bandrostane-3a, 17b-diol, finalised in January 2014 by the previous Controlling Body.
- Mr Mackay's plea of guilty at the earliest opportunity, which afforded him a reduction of penalty of 25%. A 25% discount on penalty for each charge was applied, reducing the penalty for charges 1 and 2 from the proposed penalty of a 3-year disqualification (or 36 months) to a penalty of a 27-month disqualification;
- The submissions made on Mr Mackay's behalf in relation to his inability to explain how the substance came to be detected in the greyhounds;
- The submissions made on Mr Mackay's behalf, including the significant financial impact a period of disqualification will have on Mr Mackay, noting that he has worked solely as a public trainer for a period of approximately 25 years.
Jason Mackay had continued to race greyhounds from when charges were first laid until Thursday's disqualification under a stay order from the NSW Racing Appeals Tribunal.
GWIC ordered Fantastic Raven be disqualified from her second placing in the 2022 Group 2 Richmond Oaks which was worth $9,000 in prizemoney Fantastic Raven had continued to be trained by Jason Mackay until Thursday. No new trainer has yet been named.
Zipping Maserati was removed from Mackay's kennels on Wednesday September 7 2022 and is now trained by owner Martin Hallinan. Since leaving Mackay's care Zipping Maserati won the 2022 Million Dollar Chase (MDC) Consolation final worth $25,000 and finished last in the 2022 Group 2 Black Top at The Gardens.
GWIC has ordered Zipping Maserati be disqualified from his fifth placing in the 2022 Group 2 Richmond Derby.
you are fuckin joking
Lordy , Lordy , that can’t be right ? ……. Lol !!! About time , how many warnings for using masking agents ECT has he had before final something’s been done . Well Jase ,hope you enjoy your holiday ,considering how many friends you have burned & gotten disqualified .lots of love ..NOT !!
P.sbut I spose he can always chuck a Reggie may and shift states for two years and keep racing ,stealing the prize money off locals of which ever state you lob in !!!P