Non Raceday Request for a Ruling – Decision dated 22 February 2022 – BE FLEXI

The Informant, the RIB, seeks a Ruling under r 804(1) of the New Zealand Rules of Racing disqualifying the horse BE FLEXI from Race 4 at the Otaki-Māori Racing Club’s meeting at Otaki on 5 January 2022.

Rule 804(1) states: “A horse which has been brought to a Racecourse or similar racing facility and which is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance shall be, in addition to any other penalty which may be imposed, disqualified for any Race … in which it has started on that day.”

Part B of the Prohibited Substances Regulations states: “5. The following substances are declared as Prohibited Substances for the purposes of these Rules for any day, including a day on which a horse is racing in a Race … 5.2. any substance defined as a controlled drug by the Misuse of Drugs Act 1975”.

BE FLEXI is a 4-year-old mare trained by Ms Lockett and owned by G Lambert (Racing Manager), T Shaw and S Trow. BE FLEXI was correctly entered and presented by Ms Lockett to race in Race 4, the NZB Insurance Pearl Series Race Maiden F&M 1200 metres at the Otaki-Māori Racing Club meeting on 5 January last. BE FLEXI won the race earning a stake of $6,720. The stakes were paid out by NZTR in error.

BE FLEXI was post-race swabbed and on 24 January 2022, New Zealand Racing Laboratory Services issued a Certificate of Analysis detailing the sample positive to the controlled drugs Methamphetamine and Amphetamine.

Ruling

BE FLEXI has tested positive for Methamphetamine. Methamphetamine is a Class A controlled drug as defined in the Misuse of Drugs Act 1975. Thus, it is a Prohibited Substance within the meaning of r 5.2 of the Rules of Racing.

Both Ms Lockett and Racing Manager, Mr Lambert, consent to the disqualification of BE FLEXI from Race 4 prior to any charge/s being heard. This was confirmed by email correspondence from Ms Lockett to the Executive Officer of the RIB on 16 February and by Mr Trow, on Mr Lambert’s behalf, on 21 February.

The Adjudicative Committee rules pursuant to r 804(1) that BE FLEXI is disqualified from Race 4 at the Otaki-Māori Racing Club’s meeting at Otaki on 5 January last.

Amended placings are:

1st  9 LONDON POINT

2nd 1 WINKLE BAY

3rd  7 PRINCESS BIDDY

4th  8 HYDRO CHARM

5th  4 BURLACE

An order is made for the repayment of the winning stake of $6,720.