Non Raceday Inquiry – Written Decision dated 19 December 2024 – Jonathan McInerney

The Respondent, Mr J McInerney, is charged under r 141 of the NZGRA Rules.

Information A16940 reads: “On the 11th of September 2024 at Ascot Park Raceway, Jonathan Tony McInerney, the Licensed Trainer of ALPHA RILEY, failed to present the greyhound to compete in Race 9 at the Southland GRC meeting, free of the Prohibited Substance Dexamethasone, being an offence under the provisions of r 141(1)(a) and (4) and subject to penalty pursuant to r 174 of the NZGRA Rules.”

The Respondent has admitted the breach of r 141(1)(a) and has accepted the Summary of Facts.

Both parties agree that the matter can be determined on the papers.

Rule 141 provides:

(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.

(3)  The trainer or person in charge of a greyhound presented contrary to subrule (1) of this rule shall be guilty of an offence.

(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.

The penalty provision is r 174:

(1) An Adjudicative Committee may as it thinks fit penalise a person found guilty of an offence under the Rules by any one or a combination of the following penalties:

(a) a reprimand (sometimes known as a warning or caution);

(b) a fine not exceeding $10,000.00 for any one offence except a luring and baiting offence under r 159.

(c) suspension.

(d) disqualification.

(e) cancellation of a registration or a licence, or in the case of a Club, its affiliation to GRNZ; or

(f) warning off.

(3) Any part or portion of a penalty imposed may be suspended for a time and pursuant to conditions that an Adjudicative Committee thinks fit.

Dexamethasone is a corticosteroid and as such, is a Prohibited Substance within r 137(b)(xxxvii) of the GRNZ Rules.

Rule 174A(1) provides that GRNZ may, after consulting the RIB, prescribe different categories of Prohibited Substance for the purposes of specifying starting points for the penalties for offences involving those different categories of Prohibited Substance. Dexamethasone is included in Category 5 of the GRNZ Policy document “Categories of Prohibited Substances”. This document provides a starting point for a Category 5 offence of three months’ disqualification and/or a $4000 fine.

Rule 174A(2) states: “An Adjudicative Committee is to have regard to the prescribed starting points when considering any matter relating to the level of penalty imposed or to be imposed in respect of an offence involving a Prohibited Substance.”

Agreed Summary of Facts

1. The Respondent Jonathan Tony McInerney is the holder of a Public Trainers Licence issued by GRNZ.
2. On 11 September 2024 the greyhound ALPHA RILEY won Race 9 – the Top Class Run C5 457m – at the Southland Greyhound Racing Club meeting at Ascot Park raceway, earning a winning stake of $3,360.
3. ALPHA RILEY is a 3yo bitch trained by Mr McInerney and owned by G M McInerney.
4. ALPHA RILEY was post-race swabbed (#124971) at 3.31pm and on 25 September NZRLS issued a Certificate of Analysis detailing the sample positive to Dexamethasone.
5. Dexamethasone is a corticosteroid and can be used in animals to treat many inflammatory conditions, allergic reactions such as respiratory allergies and adrenal and immune-mediated diseases.
6. Dexamethasone is a Prohibited Substance listed under r 137(b)(xxxvii) of the GRNZ Rules and its presence in a race-day sample is, prima facie, a breach of the Rules. It is a GRNZ Category 5 Prohibited Substance – All substances that are registered in NZ for Veterinary use and have accepted therapeutic benefits to a greyhound.
7. On 30 September Mr McInerney was spoken to at his kennels near Darfield and informed of the positive result. He advised that ALPHA RILEY had not been treated with any products containing Dexamethasone. He identified a 10ml bottle of Aurizon ear drops, containing Dexamethasone but started that this had been introduced to the kennel by their veterinarian for treatment of another greyhound after ALPHA RILEY’s race on 11 September.
8. Mr McInerney could offer no explanation for the positive and a review of his treatment record log and medicines revealed no evidence of Dexamethasone use.
9. He had one other greyhound, MITCHAM JESSE, swabbed on the same day at Ascot Park, which returned a clear swab, and 10 clear swabs in the 10 preceding days.
10. Inquiries with kennel veterinarian, Dr M Koening, confirmed that the Aurizon ear drops had been prescribed on 19 September.
11. The kennel processes its own meat, mainly dairy cows collected from local farmers averaging 1-2 animals per day. A record is kept of the animals processed and whether they are “clean” or “anti” which determines whether the meat is fed to race dogs or non-racing dogs. This system is reliant on the accurate treatment record keeping of the farm they are collected from.
12. It is well established in recent Australian cases that unfit for human consumption meat can be a potential source of inadvertent exposure to Dexamethasone. Australian and Irish greyhound racing jurisdictions have issued industry notices alerting participants to the risks of feeding knackery meat to greyhounds.
13. Mr McInerney elected to have the reserve sample tested and on 7 October this was sent to RASL in Melbourne. On 23 October RASL issued an Analytical Report confirming the reserve sample positive to Dexamethasone.
14. Betting analysis of the race revealed no irregularities.
15. The source of the Dexamethasone positive in ALPHA RILEY remains unknown. In the absence of any other evidence, it is possible that contaminated meat is the cause.
16. Pursuant to r 141(4), ALPHA RILEY is required to be disqualified from Race 9 at the Southland Greyhound Racing Club on 11 September 2024.
17. GRNZ records detail Mr McInerney first held a Trainers licence in 2008 and commenced full training of the Homebush Kennels in 2023. He has no previous breaches of the Prohibited Substance Rules.

Decision

The charge has been admitted; it is found proved.

Informant’s Penalty Submissions

The Informant stated the Respondent was the Holder of a Public Trainers Licence issued by GRNZ. Records show that in the 2023/24 season, the Respondent’s Greyhounds had 5728 starts and in the current season,1990 starts.

Dexamethasone is a GRNZ Category 5 Prohibited Substance listed under r 137(b)(xxxvii) of the GRNZ Rules. The recommended starting point for a Category 5 Greyhound Presentation offence is three months’ disqualification and/or a $4,000 fine.

Veterinary industry advisories detail Dexamethasone derivatives as having detection times of 5-14 days, dependent on the route of administration.

There is no requirement to prove the cause of a presentation breach of the Prohibited Substance Rule and in this case, the RIB investigation failed to identify any evidence as to the source of the Dexamethasone, including at the kennels and through veterinarian and farm inquiries.

It is well established in recent Australian cases, that unfit for human consumption meat, can be a potential source of inadvertent exposure to Dexamethasone. The Homebush Kennel processes its own meat, mainly dairy cows collected from local farmers, averaging 1-2 animals per day. In the absence of any other evidence, it is possible that the positive has been caused through contaminated meat.

On the race-day in question, Mr McInerney had one other Greyhound return a clear swab (MITCHAM JESSE), three clear swabs in the two days prior, and two clear swabs in the two days after. In the month of September, his Greyhounds were swabbed a total of 26 times.

Comparable cases were identified.

There had been no previous GRNZ positives for Dexamethasone, but there had been recent cases in the other two codes (T Barron; A Clement; A Campbell).

The most recent GRNZ case for breach of a Category 5 Prohibited Substances was:

RIB v Roberts (17 September 2021) – Ketoprofen positive. No source identified. Considered to be a low degree of culpability. Two previous historical breaches treated as neutral from a starting point of $3,000. Roberts was fined $2,000.

In two recent Australian Greyhound Dexamethasone cases of similar circumstance, the penalty was a $1,500 fine:

GRV v Salvatore (20 March 2024) – In the absence of any evidence of deliberate treatment of Dexamethasone, the Tribunal commented:

Knackery meat is a well-known potential source of contamination with therapeutic chemicals… In this respect we note that there have been many warnings to the industry regarding the use of knackery meat. Cheaper it may well be, but those using knackery meat run the real risk of appearing before this Tribunal because of the potential presence of contaminants in such meat.

GRV v Jackson (6 March 2024) – The Tribunal accepted that the inadvertent feeding of knackery meat was the likely source of the positive and commented:

Dr Karamatic said that unfit for human consumption meat is the most likely potential source of inadvertent exposure to Dexamethasone. Knackery meat was present at the property but is not fed to race dogs. Human consumption beef fat or human consumption chicken or pet shop sourced kangaroo meat are fed to race dogs. Further, the treatment records provided for review did not detail the admission of any Dexamethasone to this greyhound. Dr Karamatic referred to the Industry Notices forwarded to participants in August 2016 and July 2020 alerting participants to the risks of feeding knackery meat to greyhounds.

Mitigating factors were that Mr McInerney had been cooperative throughout the investigation, and he had admitted the breach at the first opportunity.

The RIB submitted that an appropriate penalty was a $1,500 fine.

Respondent’s Penalty Submissions

The Respondent made a written penalty submission, in which he confirmed that he admitted the charge and accepted the Summary of Facts.

Mr McInerney said he was the Trainer of ALPHA RILEY, and while he had pleaded guilty to the charge because he could not dispute the presence of the drug Dexamethasone in the sample, he did not knowingly administer this drug to the dog. After thorough investigations by the Stewards, no traces of Dexamethasone were found on his property. He said he had never used the drug in his life, nor would he know how to administer it.

Upon learning of the positive result, he had conducted extensive research and consulted with the RIB. Based on their input, the most plausible explanation was that the drug entered the dog’s system through contaminated meat. Before this incident, he had always taken proactive steps to mitigate such risks by asking every supplier if their cattle had received any treatments, logging this down to keep record and trusting their assurances.

This breach of the Rules had come at a significant personal and professional cost. While he took full responsibility for the outcome, the circumstances were genuinely beyond his control. Dexamethasone testing in New Zealand is highly sensitive, with any trace amount resulting in a positive result, regardless of levels detected. Despite this, he was willing to send the B-sample to Australia, where a threshold of 0.2 mg is used for testing. Unfortunately, the Australian test also came back positive. He had repeatedly requested details about the level of Dexamethasone found in the dog’s system, but had not received any information.

Without knowing the source of the contamination, whether it was a specific cow, farm, or day, he was unable to prevent this from happening again. The financial burden from the breach had been immense, including returning $3,360 in winnings; covering the cost of the second swab test ($1,633.69); and paying additional fines. Beyond the monetary losses, the personal shame and embarrassment had been overwhelming, affecting not only himself but also his family, staff, and the wider racing community. Mr McInerney acknowledged that he had made mistakes and fully accepted the need for accountability. However, he asked the Adjudicative Committee to take these circumstances into consideration when determining the outcome of this case.

Mr McInerney drew attention to similar cases involving three separate individuals, where positive tests for Arsenic were linked to dogs unknowingly ingesting treated wood. In these instances, warnings were issued rather than severe penalties. Additionally, in the case of Roberts, where a product containing the drug in question was found, the fine imposed was $1,500 (sic— it was $2,000). No evidence of Dexamethasone had been found in Mr McInerney’s possession, and he only became aware of the drug after this incident. He had had numerous starters and swabs over the years, and he would never jeopardize his reputation or livelihood by intentionally breaking the Rules.

Given the substantial financial and emotional toll he had already endured, he submitted that the Adjudicative Committee considers issuing a warning or, at most, a reduced penalty of $500. He said he was committed to ensuring that such an incident never happened again and had already implemented measures to prevent future contamination.

In addition, the banning of Greyhound Racing was taking its toll emotionally, as it was his passion and entire way of life. He had devoted years to caring for his dogs, building connections, and finding purpose in their training and success. Losing this would leave him feeling lost and devastated, as though a part of his identity had been taken away. On top of this, being fined, coupled with the emotional toll, would add a further layer of stress.

Reasons for Penalty

The starting point for a mid-range breach is stated in the Categories of Prohibited Substances policy document to be a fine of $4,000. The Informant has not sought a disqualification, and it is accepted that the gravity of the breach does not warrant such. Indeed, the breach is at the lower end of the scale, when regard is had to the fact a possible reason for the positive result to Dexamethasone from an analysis of the post-race sample, was as a consequence of ALPHA RILEY being fed contaminated meat. As the Summary of Facts states: “The source of the Dexamethasone positive in ALPHA RILEY remains unknown. In the absence of any other evidence, it is possible that contaminated meat is the cause.”

An adjusted starting point of a fine of $2,500 is appropriate in these circumstances.

Since the introduction of the new Rules as from 1 February 2023, an Adjudicative Committee has the power under r 174 to suspend any part or portion of a penalty for a time and pursuant to conditions that it thinks fit.

In addition to the adjusted starting point, the Decisions in Clement (first offence, $1,000 fine), Anderton (18 November 2024), Lane (30 July 2024), Clark (19 December 2023), and Johnson (23 May 2024) are helpful guides in deciding penalty in this case. The last three cases would appear to be those to which Mr McInerney was referring in his penalty submission.

The facts in each of these four cases are similar, in that the probable cause of an Arsenic positive was that the Greyhound had been chewing CCA treated timber wood in the kennel. In Clark, the Adjudicative Committee assessed the offending to be low-level and determined that a suspended fine of $800 was appropriate. In Johnson, Anderton and Lane the suspended fines were $1,000.

The Informant in each of these cases had submitted that a full suspension of the penalty was appropriate, and that was the course adopted, although some reservation was expressed in both Lane and Anderton as to whether a fully suspended fine was having the necessary deterrent effect. The Adjudicative Committee in Johnson approved the comment in Clark that “there is more to be gained by adopting a prevention / educative approach, which is a more pragmatic way of resolution using the penalties available within the Rules.”

The Informant has not sought suspension in this case of any fine imposed. Conversely, the Respondent has submitted full suspension is appropriate. Mr McInerney also referred to Roberts, distinguishing his breach on the ground that the substance Ketoprofen was present in the kennel in the Roberts case, whereas he was only prescribed the drug Dexamethasone for another Greyhound subsequent to the date of the breach.

The circumstances with respect to Mr McInerney’s breach, are little different to that in the Arsenic cases, in that the reason for the breach is not so clearly established and the possibility of Greyhounds being fed contaminated meat should have been evident to an experienced Trainer such as Mr McInerney, and indeed, his record keeping suggests this was the case. While Australian and Irish greyhound racing jurisdictions have issued Industry notices alerting participants to the risks of feeding knackery meat to Greyhounds, the Informant’s submissions do not state that a similar approach has been adopted in this country.

The Respondent first held a Trainers Licence in 2008 and commenced full training of the Homebush Kennels in 2023. Personal mitigating factors are Mr McInerney’s early admission of the breach, his clear record with his having no previous breaches of the Prohibited Substance Rules, and his full co-operation with the RIB investigation.

As previously observed, there is no evidence of Dexamethasone being on the Respondent’s property at the time of the breach and the source appears to be contaminated meat that has been fed to the Greyhound. While Mr McInerney has said he is committed to ensuring that such an incident never happens again and that he had already implemented measures to prevent future contamination, these measures are not described in his penalty submissions. The Adjudicative Committee believes an incentive for the continued adoption of these practices is apt. However, it does not believe a full suspension of the fine will act as the necessary deterrent.

Penalty

A partially suspended fine of $1,500 is appropriate. More particularly, $500 of this fine (one third) will be suspended for a period of 12 months from the date of this Decision, pursuant to r 174(3), on the condition that the Respondent does not commit any further breach of the Rules of GRNZ within that period, other than a minor Raceday incident dealt with under the Minor Infringement Scheme, in which case the remainder ($500) of the $1,500 fine will immediately become payable. The sum of $1,000 is payable immediately.

Disqualification

ALPHA RILEY is disqualified from 1st placing in Race 9 – the Top Class Run C5 457m – at the Southland Greyhound Racing Club’s Meeting at Ascot Park Raceway on 11 September 2024, pursuant to r 141(4).

The amended result of the race is as follows:

1ST    GOLDSTAR MURPHY

2ND   OPAWA MARSH

3RD   DIAMOND RANGER

4TH   MITCHAM JOHNNY

Stakes are to be paid accordingly. If the winning stake has been paid to the connections of ALPHA RILEY, it is to be repaid to GRNZ.

Costs

An award is made to the RIB of costs in the sum of $1,633.89 for the B Sample testing, which was elected by the Respondent. As the matter was heard on the papers, there are no adjudicative costs.