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Lazarus — standing at Wai Eyre Farm

Fined and 12 months suspension

By Harnesslink ·

Fined and 12 months suspension

On 2 May 2018, the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board considered five charges issued against formerly licensed person Andrew Jordan under Australian Harness Racing Rules (AHRR) 190(1), 187(2), 239A and 190B.

Charge 1, under AHRR 190(1) which states:

A horse shall be presented for a race free of prohibited substances

The particulars of this charge related to a post-race urine sample collected from the horse ‘Staress’ at Cranbourne on 30 April 2017. ‘Staress’ finished first in Race 8, the ‘Blue Hills Rise Pace’. Racing Analytical Services Limited (RASL) reported that analysis of the urine sample revealed the sample to contain a prohibited substance, namely cobalt, above the allowable threshold of 100 micrograms per litre (µg/L). The reserve sample analysis by the Racing Science Centre (Qld) confirmed the result.

Charge 2 and 3, under AHRR 187(2) which states:

A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence or information at an inquiry or investigation

The particulars of Charge 2 were that Mr Jordan provided evidence that he was not in possession of any injectable treatments, which was evidence he knew to be false. 

The particulars of Charge 3 were that Mr Jordan provided evidence that he did not administer any injectable treatments to ‘Staress’, which was evidence he knew to be false.

Charge 4, under AHRR 239A which states:

A person whose conduct or negligence has led or could lead to a breach of the rules is guilty of an offence. 

The particulars of this charge related to Mr Jordan’s conduct in allowing unlicensed person, Mrs Gaita Pullicino, to be responsible for the purchase and preparation of injectable treatments for horses in his care, including ‘Staress’. 

Charge 5, under AHRR 190B, related to Mr Jordan’s failure to keep and maintain a log book as required. 

Mr Jordan was represented at the hearing by Mr Tony Nolan QC, and pleaded guilty to all of the charges. Ms Amy Wood appeared for the HRV Stewards.

Ms Wood and Mr Nolan addressed the Board in relation to penalty and other matters. By consent, the particulars to charge 4 contained in paragraph 3 were removed.

The parties were also asked to address the Board as to its powers to suspend a nonlicensed person. The Board noted that paragraph 3 of the definition of ‘suspension’ contained in the rules reads as follows –
 
(iii) In relation to a non-licensed person means the temporary or permanent withdrawal of a right to participate in a facet of the Harness Racing Industry
 
Penalty
 
In determining penalty, the HRV RAD Board considered Mr Jordan’s guilty pleas, good record, the impact of any penalty on Mr Jordan, specific and general deterrence, the purpose of the prohibited substance rules and consistency of penalties in relation to cobalt cases.
 
Taking all of these matters into account, the HRV RAD Board imposed the following penalties: 
 
Charge 1 – 12 month suspension from employment in the harness racing industry, which includes holding a trainers, drivers or stablehand license. Mr Jordan was also suspended from attending any stable during this period. This suspension was ordered to commence at midnight 2 May 2018.
 
Charge 2 – $250 fine
 
Charge 3 – $250 fine
 
Charge 4 – $750 fine
 
Charge 5 – $250 fine.
 
The HRV RAD Board also ordered (under rule 195) that ‘Staress’ be disqualified from Race 8 at Cranbourne on 30 April 2017 and that the placings be amended accordingly.
 
HRV RAD Board Panel: Alanna Duffy (Chair), Robert Abrahams, Rod Osborne
 
 
 
Lazarus — standing at Wai Eyre Farm
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Australia

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