Non Raceday Inquiry – Written Decision dated 17 July 2024 – Robert Pringle

BACKGROUND:

Two Informations have been filed by Senior Racing Investigator, Simon Irving, against Licensed Trainer Robert Turton Pringle, the Trainer of the Greyhound, GRAND VUE ACE, alleging as follows:

Information No. A16950:

On the 28th day of January 2024 at Manukau Stadium, he failed to present the Greyhound to compete in Race 3 (Auckland Stayers Cup Final) at the Auckland Greyhound Racing Club’s meeting, free of the Prohibited Substance, Cobalt, at a level of greater than 200 ug/mL, being over the 100 ug/mL threshold; and

Information No. A16931:

On the 15th day of February 2024 at Addington Raceway, he failed to present the Greyhound to compete in Race 11 (The HomeKill Guys Sockburn Cup Heat 2) at the Christchurch Greyhound Racing Club’s meeting, free of the Prohibited Substance, Cobalt, at a level of greater than 200 ug/mL being over the 100 ug/mL threshold

each being an offence under the provisions of Rule 141(1)(a) and 141(4) and subject to the penalty pursuant to Rule 174.

THE RULES:

Rule 141 provides as follows:

(1) The trainer or other person in charge of a greyhound:
(a) nominated to compete in an Event must present the greyhound free of any Prohibited Substance.

(4) A greyhound presented for an Event in circumstances where subrule (1) of this rule has been breached must be disqualified from the relevant Event and from receiving any benefit derived from the relevant trial, test or examination.

SUMMARY OF FACTS:

Mr Irving presented the following Summary of Facts:

1. The Respondent, Robert Turton Pringle, is the holder of an Owner/Trainer’s Licence issued by Greyhound Racing New Zealand (GRNZ). He is 75 years old and first held a Trainer’s licence in 1992.

2. GRNZ introduced new Prohibited Substance Rules, including Cobalt (100ug/mL) and Arsenic thresholds, on 1 October 2021. The changes were published by way of an advisory to participants on the GRNZ website and in the August 2021 “On Track” magazine.

3. On 28 January 2024, the Greyhound GRANDE VUE ACE won Race 3 – the Auckland Stayers Cup Final – at the Auckland Greyhound Racing Club meeting at Manukau Stadium.

4. At the time of the race, GRANDE VUE ACE was a 3-y-o old bitch, owned and trained by Mr Pringle. The Greyhound won a stake of $7,566.

5. GRAND VUE ACE was pre-race swabbed and on 13 February 2024, the Eurofins ELS Limited laboratory (ELS) issued an Analytical Report detailing the sample had screened with a Cobalt level of 290 micrograms per litre of urine (ug/L).

6. The reserve sample and control were sent by NZ Racing Laboratory Services (NZRLS) to Racing Analytical Services Ltd (RASL) in Melbourne, Australia, for the purpose of confirmatory analysis.

7. On 20 February 2024, Mr Pringle was interviewed at his property in Orari and advised of the initial screening Cobalt result.

8. He could offer no explanation for the elevated level but did disclose his regular, twice daily use of one supplement – “Ironvita Blood & Oxygen” – known by Investigators to contain Cobalt.

9. The product is readily available as an “over the counter” equine supplement and is marketed as “a palatable supplement for the prevention and treatment of deficiency anaemia in horses. IRONVITA BLOOD & OXYGEN™ contains iron, copper and cobalt, the three essential trace-minerals required for haemoglobin synthesis complemented by the vitamin, folic acid.”

10. Mr Pringle produced a 5-litre container of the product, which he stated he added to the Greyhound’s breakfast and dinner via a “squeezy bottle” which, when demonstrated, equated to approximately 10mls.

11. The active constituents are listed as “Each 30mL dose contains 1.1mg Cobalt” and the directions for use per the label states: Mix 30-45mL daily in wet or dry feed or as directed by a Veterinary Surgeon.

12. A sample of the product was taken for testing and, upon analysis, was found to be approximately “true to label” – 35 mg/kg when labelled as 36.7 mg/kg.

13. On 27 February 2024, RASL issued a Certificate of Analysis detailing the Cobalt at a level of greater than 200 ng/mL, being the upper limit of the calibration range used.

14. Under GRNZ Prohibited Substance Regulations for the Rules of Racing, substances capable at any time acting directly or indirectly on the blood system are Prohibited Substances. Cobalt is capable of acting upon the blood system and, under the Rules, when present in urine above 100 ng/mL, is a Prohibited Substance in accordance with the Rules.

15. On 15 February 2024, GRANDE VUE ACE won Race 11 – the HomeKill Guys Sockburn Cup Heat 2 – at the Christchurch Greyhound Racing Club meeting at Addington Raceway, winning a stake of $3,300.

16. GRANDE VUE ACE was post-race swabbed and on 2 March 2024, ELS issued an Analytical Report detailing the sample had screened with a Cobalt level of 189 µg/L.

17. The sample was sent to RASL for confirmatory analysis and on 14 March 2024, issued a Certificate of Analysis detailing the Cobalt at a level of greater than 200 µg/L.

18. Inquiries also revealed that Mr Pringle trained Greyhounds had previously been Cobalt tested on ten occasions since the introduction of the threshold, with levels between 1-20 µg/L.

19. A veterinary report produced by Dr Steven Karamatic, full-time Chief Veterinarian at Greyhound Racing Victoria, concluded: GRAND VUE ACE was being administered 360 μg of cobalt twice daily in the form of the equine supplement Ironvita Blood & Oxygen, including a dose 4 to 6 hours prior to racing on 28 January to 15 February 2024. This administration schedule completely explains why the greyhound breached the urinary cobalt threshold on two separate occasions, with levels approximately two to three times the most generous urinary threshold for cobalt.

20. Mr Pringle has no previous breaches of the Prohibited Substance Rule or any other NRI charges.

DECISION

Both charges having been admitted, they are deemed proved.

RESPONDENT’S SUBMISSIONS

At the time of the interview at home with Racing Investigators, Mr Irving and Mrs Williams, I had no understanding of how to procure, let alone how Cobalt entered my Greyhound’s system. I still don’t! It has occupied my mind constantly since and I can only conclude that another person or persons were responsible.

I have used both Feramo-D & Ironvita Blood & Oxygen for years, and although these have a very minimal of cobalt in them, no previous swabs have highlighted any evidence of Cobalt.

I researched with the poultry farmer who sponsors me eggs and chickens for processing into the broth I use for hydration whether the feed they use contained Cobalt.

The feed provider indicated that the feed did contain Cobalt and boiling the carcass, gut and all, would elevate Cobalt levels. He recommended that I not boil up the crop or intestines, for the Cobalt is concentrated and excreted in their faeces. He added that it would have elevated any Cobalt reading but to what level he was not sure.

Obviously, I no longer include the birds’ crop or intestines in the boil-ups.

I travelled home from Auckland with 2½, 2-litre milk containers of chicken broth which I re-froze and used pre-race to ensure top hydration in the next three races. When I came to bottle the next brew of chicken broth I noticed, when cleaning the containers with almost boiling water (needed to wash fat adherence from the inside of the bottle) that all three had leaks on the upper regions of the neck. Without any heightened suspicion at the time, I just jettisoned them to the rubbish bin.

I later wondered if these small holes were an indication that they had been sabotaged by other persons or person.

Again, sabotage in this case would be relatively easy to do, as I have a large chilly bin in the rear of my vehicle which contains the frozen chicken broth and packaged beef. This would be easily accessed by anyone inclined.

The side windows are mostly open for airflow and would provide easy access, not atypical of most trainers’ vehicles and trailers at any Greyhound meeting carpark.

If anything, I am not vigilant enough in respect of security, by being a person who is too trusting. Possibly a trait of a person of my age and my values?

In summary:

1. I am at a loss as to understand how Cobalt of the recorded levels stated, or any level, entered my Greyhound.

2. As such I am not guilty of administering any product to enhance my Greyhound’s performance.

3. Why should I, when she can win two Group 1 races – the New Zealand and Wanganui Stayers Cups – in impressive fashion from two starts and for a significantly higher stake than those two races that she returned a positive swab?

4. I am personally not responsible or guilty for what I didn’t do and therefore didn’t have any control over. The Rules state ” Penalties are designed to punish the offender for his/her wrongdoing”. Therefore, my “wrongdoing” is being the owner/trainer of GRANDE VUE ACE who was subjected to Cobalt by another unknown party.
Or, as I can only conclude, was transferred into my containers of chicken broth on or about that day she ran 3rd a week prior to winning the Auckland Stayers Cup.

5. However, by the very nature of Rule 141, by virtue of being “entrapped”, I understand but do not accept being found guilty for something that I physically didn’t do!

6. As I said, we as Trainers are found guilty by a form of entrapment by the mere wording of Rule 141.

7. Rule 141 appears to have been worded and introduced because too many positive swabs were unable to be proved. Thus, in order to enable the industry to successfully prosecute, this rule was introduced.

One has to ask, “Where is the natural justice in that?”

To be absolutely honest, I seriously and genuinely wonder if in the format of Rule 141, what I see as a form of “entrapment”, one’s civil rights are being breached, but I do not have the time, energy or fiscal resources to contest that possibility.

8. Given Rule 141 is what it is, I expect to be therefore found guilty whilst going about my normal training routines.

9. It is a futile exercise to contest or defend the two charges given the way the Rule is written. I have noticed in the past that, irrespective of what defence is put up by trainers, they are found guilty. I see no point in subjecting myself to such a process where I shall be found guilty regardless of any defence. At least costs should be negated.

As a Trainer, I will endeavour to ensure my GRANDE VUE ACE continues to be the positive, public pin-up, distance Greyhound that she is. This will be no more evident than when Trackside present their feature on GRANDE VUE ACE being trained on the uphill fairway of Grande Vue Golf Club in Geraldine, along with several of the helpers that have stepped up to assist me continuing her training since breaking my leg.

That said, I am deeply saddened that my integrity as a person and Greyhound trainer will be wrongly assessed to be categorised as being dishonest and a cheat. A very sad and deeply disappointing indictment handed down to myself (and partner), when I have given so much to the Greyhound Racing industry over many years and in my opinion have done no behavioural wrong!

Given my submission, I see little point in any additional expense in defending something that cannot be defended by virtue of the nature of Rule 141. Greyhound Racing doesn’t need this and neither do I!

I also have no understanding as to how GRANDE VUE ACE came to return a positive swab to Cobalt. I have;
• no major fiscal overheads that need to be met;
• being an OTB is but a pure hobby and not a form of employment where overheads must be met;
• I have never been a big bettor and therefore endeavouring to “earn big” from a “juiced” dog;
• In fact, I seldom bet on GRANDE VUE ACE for fear of jinxing her and therefore losing twice – TAB and stake monies;
• I train and race GRANDE VUE ACE for the genuine pleasure of seeing a canine athlete perform in the manner she is; and
• I/we perform from my/our basis of honest endeavour!

PENALTY SUBMISSIONS OF THE INFORMANT

Mr Irving submitted written Penalty Submissions which are set out in full hereunder. The Respondent’s responses are in parenthesis. Certain of the Respondent’s submissions have not been included for reasons of relevance and/or their vituperative content.

1. The Respondent, 75-year-old Robert Turton Pringle, is a Licensed Owner/Trainer under the Rules of Greyhound Racing New Zealand (GRNZ). He first held a Trainer’s Licence in 1992 and currently owns and trains the one Greyhound, GRANDE VUE ACE, from his property near Geraldine.

2. GRANDE VUE ACE is a 3-y-o bitch, and now has career statistics of 78 starts for 16 wins, earning total stakes of over $120,000.

3. The Respondent has admitted two breaches of Rule 141(1)(a).

4. The circumstances are detailed in the Summary of Facts (see above).

5. The RIB submits that an appropriate penalty for the two breaches is a total $7,500 fine.
(This submission is excessive having regard to other Category 4 cases. The comparisons to penalties imposed in the equine codes are not appropriate).

6. Under NZGRA Prohibited Substance Regulations for the Rules of Racing, substances capable at any time of acting directly or indirectly on the blood system are Prohibited Substances. Cobalt is capable of acting upon the blood system and under the Rules, when present in urine above 100 ug/mL, is a Prohibited Substance in accordance with the Rules.

7. The use of Cobalt as a potential performance-enhancing agent has been reported in human and equine athletes. It has been postulated that the enhanced erythropoiesis (production of red blood cells) and increased circulating erythropoietin concentrations following Cobalt administration, have the potential to improve athletic performance by raising the blood oxygen carrying capacity. Cobalt has been found to increase erythropoietin (EPO) concentrations in dogs.

8. Per the NZGRA Categories of Prohibited Substances, Cobalt most closely aligns to Category 4: All other substances that have the ability to improve or impact the performance of a greyhound, and which have not been included in Categories 1,2,3 and 5.

9. The Starting Point for penalty for a Category 4 breach is six months disqualification and / or a $5,000 fine.

10. Although there is no requirement to establish the cause of a breach of the Prohibited Substance Rule, the RIB investigation concluded that the two positive swabs resulted from the Respondent’s use of the Cobalt-containing equine supplement “Ironvita Blood & Oxygen” (IBO), and it was highly likely that the twice-daily administration of approximately 10mls of the supplement with food, including on race morning, contributed majorly to the recorded levels.
(I contest that the IBO was the sole source of the Cobalt levels. I believe that the chicken broth containers were sabotaged. My earlier use of IBO never produced such levels, so the Cobalt levels have to be the result of another source).

11. RIB consultant Veterinarian, Dr Karamatic, concluded in his report:

Grande Vue Ace was being administered 360 μg of cobalt twice daily in the form of the equine supplement Ironvita Blood & Oxygen, including a dose 4 to 6 hours prior to racing on 28 January to 15 February 2024. This administration schedule completely explains why the greyhound breached the urinary cobalt threshold on two separate occasions, with levels approximately two to three times the most generous urinary threshold for cobalt.
(Dr Karamatic’s conclusions are based solely on factually incorrect “raw material” made available to him. I have requested that the RIB carry out a test of just the IBO).

12. Prior to the first positive swab, GRANDE VUE ACE had been cobalt-tested on five occasions, returning normal levels between 1.2 and 20 µg/L. Since the second positive, and since having been advised by the RIB, the Greyhound has been tested on a further five occasions, returning normal levels between 4 and 11µg/L.
(This confirms my assertion that I introduced nothing new to GRAND VUE ACE’s diet).

13. The Respondent does not have a TAB account and analysis of betting records revealed no unusual bets associated with the Greyhound or the two subject races.

14. Pursuant to Rule 141(4), GRANDE VUE ACE is required to be disqualified from the two races and the stake money of $7,566 and $3,300 ordered to be repaid.

15. There have been no previous GRNZ charges for Cobalt since the threshold (and subsequent testing) was introduced into the Rules on 1 October 2021.

16. There have been many Cobalt positives in the equine codes, ranging in fines from $4,500 – $8,000 (from a starting point of $8,000) for a single breach, the most recent being:

P McKenzie v RIU (2022) – 2x TR positives at >200ug/L. $12,000 total fine
RIU v Caskey (2018) – TR positive at 397ug/L. $8,000 fine
RIU v Hale (2018) – HR positive at 120ug/L. $4,500 fine
RIU v Richardson & Parker (2018) – TR positive at 198ug/L. $6,000 fine
RIU v Dixon (2018) – HR positive at 293ug/L. $6,000 fine
(It is inappropriate to make comparison to penalties in the equine codes. There is no parity in stake monies and there should be no parity in penalties either).

17. It is noted that both equine codes introduced the “One Clear Day” Rule in 2019 (HR) and 2020 (TR) which, if adhered to in relation to Cobalt, all but negates the possibility of an inadvertent raceday breach of the threshold. This is evidenced by there currently being no equine Cobalt breaches since the One Clear Day Rule was implemented – the McKenzie case resulted from races run in June 2019.

18. The Caskey case is most similar in circumstance to the present case, in that the Trainer admitted to mixing 40mls of “Equi-Gold Iron Tonic” liquid supplement into the horse’s feed each morning, including the morning of the race. The Equi-Gold Tonic was labelled as containing 54mg of Cobalt per litre. The horse, KALIPER, returned a Cobalt level of 375 µg/L. Mr Caskey admitted the breach, also had a clean record over 25 years and only trained two horses. He received an $8,000 fine. The Committee commented:

There was a responsibility on Mr Caskey to have a clear understanding of all the supplements and products he was giving KALIPER. He did not have this understanding, and this is relevant when determining the degree of culpability.
(It is accepted that the case is similar, but it is an equine case. My case is like the Arsenic cases, Category 4. There is no “clear and conclusive proof” that the IBO product is the sole cause of the levels of Cobalt in GRAND VUE ACE’s urine samples.)

19. The Respondent suggests that the Auckland sample may have been contaminated because he assisted the Swabbing Officials in unscrewing the lids of the two sample pottles and that the lid was not reconnected tightly which led to evidence of leakage. While it is accepted that the Respondent did assist in loosening the two lids due to the Swabbing Officials not having the strength to do so, it is not accepted that this led to any contamination of the sample from the Respondent having Cobalt on his hands and contacting the inside of the pottles. A “minor leak” was identified and documented by Racing Analytical Services Ltd (RASL) in Melbourne upon their receipt of the “A” Sample from NZRLS for confirmatory analysis. No leak had been detected on initial receipt by NZRLS, who then opened the sample for Prohibited Substance screening. It is therefore suspected that the lid was not tightened properly by NZRLS prior to sending to RASL for confirmatory Cobalt analysis.
(In my helping the Stewards as I did, then the samples had the potential to be contaminated. Likewise, in respect of the leak, any leak small or large, indicates that the integrity of the sample could be compromised).

20. While the Respondent has admitted the charges, he concludes that another person or persons were responsible with the possibility of sabotage and that there was “absolutely no fault of my own”. This conclusion is rejected by the RIB.

21. The Respondent researched the possibility of the poultry he boils up into a broth being the source of the elevated Cobalt levels, submitting: “He (the feed supplier’s nutritionist) added that it would have elevated any cobalt reading but to what level he was not sure.” When this hypothesis was put to Dr Karamatic for opinion, he commented:

The unnamed nutritionist suggests that as a worst-case scenario, 20 birds might contribute up to 0.1 mg/kg (100 μg/kg) of cobalt to the mix. It is unclear what this mix is, or how it was fed to greyhounds, but I am confident that much less than 1 kg was fed per day given it was being used to make a gravy mix. 7 kg of this worst-case scenario mix would need to be fed to a greyhound daily to match the amount of cobalt in the equine supplement Ironvita Blood & Oxygen. Therefore, I do not consider feeding this mix is a likely reason this greyhound has breached the cobalt threshold.

22. The Respondent also states, “I have used both Faramo-D & Ironvita Blood Oxygen for years and although these have a very minimal of Cobalt in them no previous swabs have highlighted any evidence of Cobalt.” Dr Karamatic refutes this assertion by commenting in relation to the “normal” Cobalt levels returned by the Respondent-trained Greyhounds (REPLICA RANGO and GRANDE VUE ACE) on ten prior occasions between October 2021 and January 2024. His opinion is that, if the Ironvita Blood & Oxygen was being fed on these occasions, it was not being fed close to race day, or the total dose being administered was significantly lower than the 10 mL twice-daily rate.
(Given the widespread use of Ironvita Blood & Oxygen by other Trainers and that the use of the product has not returned any further Cobalt positives, I submit there is no way that the product was the sole source of the Cobalt readings).

23. The Respondent submits that Rule 141 “appears to have been worded and introduced because too many positive swabs were unable to be proved. Thus, in order to enable the industry to successfully prosecute this Rule was introduced.” This submission is factually incorrect. Rule 141 is essentially a re-formatting of the previous Prohibited Substance Rule 61, which has always placed the onus of strict liability on a Trainer to present their Greyhound free of Prohibited Substances. There have been cases under the same “old” and “new” Rule where the source of the Prohibited Substance has not been identified, yet the Trainer has been found liable. Nothing has changed in this regard.

24. In his summary the Respondent states: “I am at a loss as to understand how Cobalt of the recorded levels stated, or any level, entered my Greyhound.” And “I am personally not responsible or guilty for what I didn’t do and therefore didn’t have any control over.” It is clear from these comments that the Respondent is ignorant of the expert witness, Dr Karamatic’s report. In his summary, Dr Karamatic concludes that the feeding of the Ironvita Blood & Oxygen supplement as described by the Respondent “completely explains” the two positive swabs.
(I totally refute the RIB’s assertion and labelling me as being “ignorant” of Dr Karamatic’s assessments, which were made based on what was put in front of him).

Aggravating Factors

25. It is submitted that the Respondent is culpable of a high degree of carelessness, failing to take proper and reasonable care, by giving GRANDE VUE ACE an equine supplement containing Cobalt twice daily, including the morning of the two races, having sought no veterinarian advice on its use. Dr Karamatic’s report states “Any use in a greyhound would be “off label” (unapproved use or indication) and should only be done so after appropriate veterinary advice.”

26. When interviewed, the Respondent demonstrated his use of a “squeezy” drink bottle to add the Ironvita Blood & Oxygen to the Greyhound’s breakfast and dinner and, when measured, this equated to approximately 10mL of the liquid syrup per meal. The product label directs: Mix 30-45mL daily in wet or dry feed or as directed by a Veterinary Surgeon. Based on animal weight, the equivalent administration to a Greyhound would be 1.8 – 2.7mL, noting that dose rates in different species are likely to be different due to allometric and pharmacokinetic differences.
(I accept that I erred in calculating that the quantity of IBO for a couple of squirts does not equate to 10 mls, but that does not explain the high sample readings which must have been the result of an unknown additive).

27. The front label of the Ironvita Blood & Oxygen clearly details the “active constituents” per litre, including Cobalt (Co) as Sulphate 36mg.
(I accept this, but why are multiple swab results well below the threshold and why are the two samples exceptions?)

28. The level of Cobalt recorded in the equine positives has also been considered when determining penalty. In Caskey 2018 the Committee commented:

42] Given the small number of Cobalt related hearings in the Thoroughbred Code since 2016, determining whether the severity of the breach of the Rule is either low range, mid-range or high range is very subjective. However, we note in the case RIU v Bambry the RIU considered a level of 173 ug/L was mid-range and the Judicial Committee agreed. If we were to apply the same thinking then the KALIPER reading of 375ug/L must be considered well above mid-range. We note, however, that the 375ug/L reading is significantly lower than two of the readings (541 and 640ug/L) in the RIU v O’Sullivan and Scott.

Using this rationale, GRAND VUE ACE’s recorded levels for both, being greater than 200µg/L (with screening levels of 290 and 189 µg/L) would have to be considered mid-range.

29. Previously, Committees have also factored in the stake and status of the races as an aggravating factor when determining penalty. The first positive was from the Auckland Stayers Cup Final – a NZGRA “Recognised Race” (not Group 2 as submitted by the Respondent) – with a total stake of $15,000 and the second race was a heat of the Kingston Cup with a total stake of $5,900 – which qualified GRANDE VUE ACE for the Final, however the Greyhound was scratched from that event.

Mitigating Factors

30. The Respondent was first licensed as a Greyhound Trainer in 1992. By his own admission, he stated that he had 2 x caffeine positives returned by his Greyhound, TARZEAL, in the mid-90’s. This was prior to the formation of the RIU, and no record of the Decision has been able to be located. Given its historic nature, some 30 years ago, the RIB submits that the Respondent must be given credit for his excellent record.
(The TARZEAL case was based on my own disclosure and is “unrelated, specific and historic”).

31. The Respondent must also be given some credit for his admission of the charges.
(The wording of Rule 141 is clear and, while I question that wording, I have always accepted admission. I believe that my contribution to and administration of the Greyhound Industry, while breeding, training, and racing dogs needs to be given considerable weight when considering penalty).

32. In his submissions, the Respondent suggests that his integrity will be wrongly assessed and he will be categorised as being dishonest and a cheat. The RIB submits that the Respondent has not been dishonest in his actions, nor had he any intention to cheat, he has merely been considerably careless in the supplement that he fed his Greyhound.
(I deny that I have been “considerably careless” in the supplement that I gave to GRAND VUE ACE. That supplement could not have produced such high Cobalt readings. It was recommended to me by a top New Zealand Trainer and is used by six or seven Canterbury Trainers).

Conclusion

33.Given the recommended starting point of $5,000 per charge, the aggravating and mitigating factors as listed and the overall circumstances considered in this case, the RIB submits a total $7,500 fine and the disqualification of GRAND VUE ACE from the two races is an appropriate penalty.
(The suggested penalty is severe given my “excellent record” as acknowledged and my early admission of the charges. I refer to the penalties given to the four Trainers who had positives to Arsenic, also Category 4 breaches).

Costs

34. The RIB Compliance is seeking no costs.

REASONS FOR PENALTY

1. Greyhound Racing New Zealand introduced a Rule change, as from 1 October 2021, extending the definition of “Prohibited Substances” and creating a threshold for various substances, including Cobalt. Prior to doing so, a number of products were tested on Greyhounds to see whether feeding them was likely to raise urinary Cobalt levels above the threshold of 100 µg/L. The result was that this was unlikely. However, Licensed Persons were issued a warning not to feed the products on race day. Ironvita Blood & Oxygen, an equine supplement, was not one of the products tested.

2. The Respondent has been charged with presenting the Greyhound, GRAND VUE ACE, trained by him, for two races – at Manukau on 28 January 2024 and Addington on 15 February 2024 – on both occasions with the Category 4 Prohibited Substance, Cobalt, in its system. The Greyhound won both races.

3. In respect of both urine samples, pre-race at Manukau and post-race at Addington, the level of Cobalt exceeded the upper limit of the calibration range used (200 ug/ml) and exceeded the allowable threshold of 100 ug/ml.

4. Enquiries revealed that Greyhounds trained by the Respondent had previously been tested for Cobalt on ten occasions since introduction of the threshold and had returned levels between 1-20 µg/L.

5. A report was obtained from Dr Steven Karamatic, Chief Veterinarian at Greyhound Racing Victoria, whose opinion was that administration of the equine supplement, Ironvita Blood & Oxygen (a liquid supplement used for the prevention and treatment of anaemia in horses), to GRAND VUE ACE twice daily, including a dose 4-6 hours prior to both races, explained why the Greyhound returned levels of “two to three times the most generous urinary threshold for Cobalt”.

6. The Respondent does not accept that opinion, and has suggested that the Greyhound was “nobbled”, most likely by introduction of Cobalt, by an unknown third party, into the containers of chicken broth that was fed to GRAND VUE ACE. Notwithstanding that the Respondent advanced the possibility of “nobbling” with some vigour, he was unable to provide any evidence to support this, and the Adjudicative Committee does not find it to be credible.

7. The Respondent did acknowledge that the ingredients of the broth, which he mixed up, did contain Cobalt and that boiling them up would have elevated Cobalt levels. It is difficult for the Adjudicative Committee to determine whether this feed was a factor in the positive swabs.

8. The Respondent vigorously denies that he administered anything with a view to enhancing performance. There is no suggestion from the Informant that he did so, and the Adjudicative Committee accepts that there was no deliberate administration of any Prohibited Substance. The Respondent is not charged with administering a Prohibited Substance but, rather, with presenting GRAND VUE ACE to race on the two occasions with a Prohibited Substance in its system.

9. The exact cause of the elevated Cobalt levels will, most likely, never be known but the Adjudicative Committee finds that the evidence points to the use, or misuse, of the Ironvita Blood & Oxygen product as the most likely cause.

10. The starting point for penalty for a Category 4 Substance under the Rules of Greyhound Racing New Zealand is a 6-months disqualification and/or a fine of $5,000. The Adjudicative Committee accepts the Informant’s submission that the level of the Cobalt readings, in this case, place the breaches in the mid-range.

11. There are no previous cases in the Greyhound Code involving Cobalt and the Thoroughbred Racing cases are of limited assistance. There are a small number of Greyhound Racing cases involving another Category 4 Substance, Arsenic, which involved the animal, in each case, chewing timber. These cases are also of limited assistance to the Adjudicative Committee because of the vastly different fact situations from the present case.

12. The Informant has suggested that the Respondent has been guilty of “a high degree of carelessness” in giving GRANDE VUE ACE an equine supplement containing Cobalt twice daily, including on the morning of the two races, without having sought any veterinary advice concerning its use. The Adjudicative Committee agrees. This is an aggravating factor which warrants an uplift to the starting point which the Adjudicative Committee fixes at $1,000.

13. The Adjudicative Committee does not consider that the status of the races or the stake payable should be considered as an aggravating factor, as submitted by the Informant. In addition, the Adjudicative Committee attaches no weight to the caffeine charges in the 1990’s involving the Respondent’s Greyhound, TARZEAL.

14. The Respondent’s record is an excellent one. He was first licensed as a Trainer in 1992. In his submissions, he has detailed at great length a long history of service to the industry, which the Adjudicative Committee accepts, going back to that time. In addition, by way of mitigating factors, the Respondent has admitted the two breaches, although somewhat belatedly, and agreed to the charges being heard on the papers and without the necessity for a hearing. For those mitigating factors, the Adjudicative Committee gives a discount of $1,000 from the adjusted starting point of $6,000 for each charge.

15. There are, of course, two charges. However, both charges arose from the same set of circumstances and consideration needs to be given to this. To impose a fine of $5,000 for each charge would be excessive in the circumstances. The Adjudicative Committee has determined that an appropriate discount for this factor is thirty percent, or $3,000. The final total penalty in respect of both charges is, therefore, a fine of $7,000.

Conclusion

16. The Respondent is fined the sum of $7,000.

Costs

17. There is no order as to costs.

DISQUALIFICATION

18. Consequent upon the disqualification of GRAND VUE ACE from the two races, the amended results for those races is as follows:

Auckland Stayers Cup Final (Race 3, Auckland GRC, 28 January 2024)

1st Spread The Load
2nd Sweet Buddy
3rd Opawa Louise
4th Trenzalore

The HomeKill Guys Sockburn Cup Heat 2 (Race 11, Christchurch GRC, 15 February 2024)

1st Opawa Corban
2nd Blake
3rd Co Eve
4th Know Hurry

19. It is ordered that any winning stakes paid to the Respondent be repaid to Greyhound Racing New Zealand and be paid in accordance with the amended results above.