Non Raceday Inquiry – Written Decision dated 16 March 2023 – Niall Quinn

BACKGROUND:

The Informant, the Racing Integrity Board (RIB) alleged that “on 24 December at New Plymouth Racecourse, Niall Quinn being the Registered Trainer of the horse, presented  ‘RUSTY LANE’ to the Taranaki Incorporated meeting for the purpose of engaging in and did engage in Race 6 – and failed to present the said horse, free of the prohibited substance, ‘Prednisolene’, in breach of the NZTR Rule 804(2) and therefore subject to penalty pursuant to Rules 804(7) and 804(8)”.

The Adjudicative Committee were provided with copies of  Information A15762,  Appointment to Non Raceday Inquiry #23/54, Authority to Charge, Charge Rule and Penalty Provisions, Summary of Facts, Penalty Submissions, Certificate of Analysis – 23 January 2023, Certificate of Analysis – 2 March 2023, email from Mr Quinn – 9 March 2023.

Rule 804(2) provides “when a horse which has been brought to a Racecourse or similar facility for the purpose of engaging in a race or trial to which the Third Appendix hereto applies is found by a tribunal conducting an inquiry to have had administered to it or have had present in it’s metabolism a Prohibited Substance, as defined by Part A of Prohibited Substance Regulations, the Trainer and any other person who in the opinion of such Tribunal conducting such inquiry was in charge of such horse at any relevant time commits a breach of these Rules“.

The penalty provision is Rule 804(7) which states: “A person who commits a breach of sub-Rule (2) or (3) or (4) or (5) or (6) of this Rule shall be liable to:

(a) be disqualified for a period not exceeding five years; and/or

(b) be suspended from holding or obtaining a licence for a period not exceeding 12 months. If a licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed licence; and/or

(c) A fine not exceeding $25,000.

Rule 804 (8) requires “Any horse connected with a breach of sub-Rule (2) or (3) or (4) or (5) or (5a) or (6) of this Rule shall be, in addition to any other penalty which may be imposed, disqualified from any Race or trial to which the Third Appendix hereto applies and/or be liable to a period of disqualification not exceeding five years“.

ESSENTIAL FACTS:

The Respondent, Mr Quinn is the holder of a Class B Trainers licence as issued by NZTR.

On 24 December 2022 the horse in question was engaged in, and won, Race 6 the ComCat Maiden 1400m metres held at Hawera Racecourse. The meeting had been transferred from New Plymouth.

RUSTY LANE is a 5 year old gelding trained by Mr Quinn on behalf of Owners, C Lupton and R Newland.

RUSTY LANE was post race swabbed and on 23 January 2023, New Zealand Racing Laboratory Services (NZRLS) issued a Certificate of Analysis detailing a positive to Prednisolone. An additional Certificate of Analysis dated 2 March 2023 was issued by Racing Analytical Services (RASL)  confirming that the sample they tested contained Prednisone and Prednisolone.

Prednisolone is a Prohibited Substance within the meaning of the Rules. It has a detection time of two days and a recommended three day withholding period.

Due to contracting Covid Mr Quinn did not have RUSTY LANE in his care from 20 December 2022 up to and including 24 December 2022 (raceday). The horse was in the care of Suzy Gordon from 20 December 2022 to 23 December 2022 before being collected by Stephen Nickalls the day before the races. Mr Nicklalls delivered the horse to the races with Apprentice Jockey, Liam Kauri remaining responsible on raceday.  All three confirmed that they did not hold nor were administering medication containing Prednisolone.

Mr Quinn advised that he admitted the breach and confirmed that the Owners of the horse were aware of the charge and the implications of Rule 804(8). He was at a loss as to reason for the positive swab and hence his request for the B sample to be tested. He suggested the positive may have been as a result of of contamination and cited a recent example where on raceday (Awapuni) this had occurred.

DECISION:

As Mr Quinn admitted the breach of Rule 804(2), it is found to be proved.

SUBMISSIONS AS TO PENALTY:

A written Penalty Submission was tabled by the RIB whilst Mr Quinn provided an oral submission. The RIB sought penalty being a fine of no less than $1,000. They also sought costs of $2,225 being that incurred in testing of the B sample.

In substantiating their claim the RIB referenced two cases of reasonable comparability namely:

RIU v Pertab – May 2019

RIU v Clotworthy – November 2019

Of note, the RIB added that Mr Quinn had been cooperative throughout the process. They accepted there were no ‘sinister intentions’ and that  Prednisolone was unlikely to have influenced the outcome of the race. The horse was not in the direct care of Mr Quinn during the 72 hour withhold period and therefore deduced that it was unlikely Mr Quinn was personally responsible for the positive result.

Mr Quinn asked that the Adjudicative Committee consider (given the circumstance of this breach) not imposing a fine.  He added that he does his best, through protocols, to ensure that this situation does not occur. He had found the process very stressful. He took the opportunity to thank Ms Murrow for the manner in which she had conducted the investigation.

REASONS FOR PENALTY:

The Adjudicative Committee in setting penalty sought guidance from  previous decisions namely:

RIU v Pertab May 2019 – Positive test to Meloxicam. Fine $3,000

RIU v Wallace and Cooksley March 2021 – Positive test to Caffeine. Fine $2,000

RIB v Campbell August 2021 – Positive test to Dexamethasone. Fine $2,500

RIB v Isdale. Positive test for Caffeine – Fine $2,000

Based upon the foregoing the Adjudicative Committee set a fine of $2,500 as a starting point. There are no aggravating factors requiring uplift.  Conversely the Adjudicative Committee consider there are mitigating factors influencing penalty. These are:

(1) The Respondent’s early admission of the breach.

(2) The Respondent’s cooperation throughout all proceedings.

(3) The Adjudicative Committee accepts the assertion of the RIB that the Respondent is unlikely to have been personally responsible for the result. However the Respondent ultimately remains responsible.

(4) The Respondent does not have previous record of breaching the Rules of Racing.

A reduction of $1,000 was deemed appropriate.

CONCLUSION:

The Respondent is fined a sum of $1,500.

Pursuant to Rule 804(8) RUSTY LANE is disqualified from the ComCat Maiden being Race 6 of the Taranaki RI meeting held at Hawera Racecourse on 24 December 2022. Placings are to be amended having regard to this disqualification.

The Respondent, is to pay the sum of $2,225 being that cost incurred in testing of the B Sample. Given the hearing was held on race day there is no further order as to costs.