Non Raceday Inquiry – Part 1 – Request for a Ruling – Written Decision dated 30 December 2025 – EMILY BAY

The Request

[1] This is Part 1 of a two-part Written Decision. This Decision deals specifically with a Request for a Ruling filed by the RIB pursuant to R1109(3) seeking:

1.  The disqualification of EMILY BAY from Race 3 at the Waikato BOP Harness Club meeting at Cambridge on 30 October 2025; and
2.  The forfeiture of any stakemoney paid out as a result of finishing in first place in the said race.

[2] Information No. A17994 provides:

That on 30 October 2025 at the Waikato BOP Harness Club meeting at Cambridge, Ival Brownlee being the Registered Licenced Trainer of the horse, EMILY BAY for the purpose of engaging in and did engage in Race 3 failing to present the said horse, free of the Prohibited Substance namely Methamphetamine in breach of the New Zealand Harness Racing (HRNZ) Rules 1004A(2) & (4) and subject to the penalties pursuant to Rules 1004D(1) & (2).

Determination on the Papers

[3] Pursuant to r 21.1 of the Fifth Schedule – of the Rules of Practice and Procedure for the Adjudicative Committees, this matter is dealt with on the papers.

The Relevant Rules 

[4] Rule 1004E(1) provides:

• Any horse taken to a racecourse for the purpose of engaging in a race which is found to have administered to it or ingested by it a prohibited substance or an out of competition prohibited substance must be disqualified from that race.
• The mandatory disqualification under sub-rule (1) applies regardless of the circumstances in which the substance came to be present in or on the horse.
• When the owner and trainer of the horse has been advised of the analysis which indicates that a prohibited substance may have been administered to, or ingested by, the horse and the owner, trainer, or their authorised representative does not request, under the Swabbing Instructions, that the reserve sample be analysed at an approved laboratory by 4.00 pm on the third working day after being so advised, an Adjudicative Committee must disqualify the horse, amend the placings and the stakes shall be paid in accordance with that decision.
• Where the owner, trainer, or their authorised representative does request the reserve sample be analysed at an approved laboratory by 4.00 pm on the third working day after being advised of the analysis and the analysis of the reserve sample indicates that a prohibited substance may have been administered to, or ingested by, the horse, an Adjudicative Committee must disqualify the horse, amend the placings and the stakes shall be paid in accordance with that decision.
• The owner or trainer of the horse subject to a positive result may notify in writing the General Manager of the Racing Integrity Board that they intend to challenge the analysis and the basis for that challenge. The notification must be within 10 working days of being advised of the results of the analysis, or the result of the reserve sample (if applicable). The Adjudicative Committee shall then determine whether the horse is to be disqualified after hearing from the parties.
• Disqualification and changes of placings under this rule, will take effect from the immediate Monday following the judicial decision or such other time as the Adjudicative Committee determines.
• A disqualification under sub-rules (3) and (4) may not occur until after the 10-working day period in sub-rule (5).

[5] Rule 1106(1)(c) provides that an information may (c) request a ruling.

[6] Rule 1109(3) provides that other than during a race meeting, an information requesting a ruling may only be filed by a Stipendiary Steward or Racecourse Inspector.

Effect of Disqualification

[7] The effect of the disqualification from a race is contained within R 1308(1).

R 1308 provides that:

(1) Where a horse is disqualified from a race its handicap shall be adjusted by deducting the penalty incurred for the race in which it was disqualified. 

(2) No horse shall be eligible to start in any race after its disqualification when as the result of the reverting of its handicap it would no longer be eligible to enter that race. 

R 1308A provides that:

(1) Where a horse is disqualified from a race any stake money available to all other starters shall be paid in respect of such horse. 

(2) Sub-rule (1) does not apply when the horse is disqualified in connection with a breach of these rules relating to prohibited substances. 

Summary of Facts 

[8] On 30 October 2025, EMILY BAY won Race 3, the Fast AF Friday in the Skyline Lounge HCP 2700 metre trot, at the Waikato BOP Harness Club meeting at Cambridge. The gross stake money for first place was $4,400. Emily Bay is a 7-year-old mare trained by Mr Ival Brownlee and is co-owned by his parents.

[9] EMILY BAY was post-race swabbed on 30 October 2025. A urine sample was collected and recorded with Sample Identity Record 208619.

[10] On 20 November 2025, New Zealand Racing Laboratory Services (NZRLS) issued a Certificate of Analysis detailing that the sample obtained from EMILY BAY was positive for the Prohibited Substance Methamphetamine.

[11] Under the HRNZ Prohibited Substance and Prohibited Practice Regulations, Methamphetamine is classified in Schedule 1 – Prohibited Substances, Category B Raceday Prohibited Substances.

[12] On 21 November 2025, RIB Investigators visited Mr Brownlee’s training facility in Pokeno and interviewed him. He undertook in-field drug screening conducted by The Drug Detection Agency (TDDA), which he consented to.

[13] Urine and hair follicle samples were obtained from Mr Brownlee. Initial screening of the urine sample returned a non-negative result for the presence of Methamphetamine.

[14] Mr Brownlee’s samples were sent by TDDA to independent laboratories – PHF Science (formerly ESR) and Omega Laboratories – for analysis.

[15] Six forensic swab samples were also taken by TDDA from the horse truck used by Mr Brownlee to transport horses to and from the stabling area. On 26 November 2025, the RIB received a copy of TDDA’s Screening Assessment Report undertaken on the truck and stables, which were clear.

[16] On 1 December 2025, the RIB received disclosure from TDDA of analysis of Mr Brownlee’s hair follicle by Omega Laboratories, which confirmed a positive result for the controlled drugs Methamphetamine and Amphetamine.

[17] On 2 December 2025, the RIB received disclosure of the PHF Science Urine Drug Test Report for Mr Ival Brownlee’s sample, which was positive for Methamphetamine, Amphetamine, and THC Acid.

[18] During the interview of Mr Ival Brownlee, he denied having used Methamphetamine since 2012.

Ruling Decision

[19] EMILY BAY is required to be disqualified pursuant to Rule 1004D(2) from Race 3 at the Waikato BOP Harness Club meeting at Cambridge on 30 October 2025.

[20] The disqualification is mandatory, regardless of the circumstances in which the substance came to be present in or on the horse.

[21] Accordingly, the Adjudicative Committee makes the following orders:

• That EMILY BAY is disqualified pursuant to Rule 1004D(2) from Race 3 at the Waikato BOP Harness Club meeting at Cambridge on 30 October 2025.
• That the official placings are amended in accordance with this Ruling.
• That stakemoney is paid in accordance with this Decision.

[22] The Part 2 Hearing with regards to this matter has not been dealt with.  The outcome of that hearing will follow in due course.