Non Raceday Inquiry – Written Reserved Decision dated 30 July 2024 – Brendon McDermott

1.  Mr Brendon McDermott was charged with a breach of Rule 804(2) by presenting “GREY INVADOR”, a horse trained by him, to engage in Race 4, the “Waterforce 1600”, at the Rangitikei Racing Club Meeting on 18 May 2024, and failed to present the horse free of the Prohibited Substance Cobalt.

2.  Rule 804(2) provides:

“When a horse which has been brought to a Racecourse or similar racing 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 its metabolism a Prohibited Substance, as defined in 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.”

3.  Rule 804(7) provides:

A person who commits a breach of sub-Rule (2) or (3) or (4) or (5) or (5A) 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; and/or

(c)  a fine not exceeding $25,000.

4.  In addition, pursuant to Rule 804(8), such horse must (mandatory) be disqualified from the race.

5.  Mr McDermott trains three horses from his property at Waitarere, Horowhenua.  He trains and part owns “GREY INVADOR”, which started in, and won, Race 4, the “Waterforce 1600 Maiden” at Trentham Racecourse during the Rangitikei Race Club Meeting on 18 May 2024.  It earned a stake of $11,200.

6.  Mr McDermott has admitted the charge.

7.  The post race swab of the horse revealed on a screening analytical report a positive sample to Cobalt at a level of 396 micrograms per litre of urine (ug/L).  If the Cobalt level exceeds 100ug/L, it is a “Prohibited Substance”, being capable of acting directly or indirectly on the blood system.  The sample level was confirmed by Racing Analytical Service Ltd in Australia.

8.  When visited on 30 May 2024, Mr McDermott could offer no explanation for the prohibited level.  He advised that he did not use any Cobalt derivative on “GREY INVADOR” but used such on another horse of his (‘CARPE DIEM”), being liquid injections of “Hemoplex”, “Richtafort” and “Ironcyclen” in days leading up to raceday.

9.  Mr McDermott trained horses had been Cobalt tested on 5 previous occasions since December 2017.  All (except “CARPE DIEM” on one occasion) returning within normal range.  In May 2022, Mr McDermott was warned when that horse returned an elevated Cobalt reading of 52.5ug/L.

10.  The Chief NZTR Veterinarian, Dr A Grierson, provided a possible explanation for the positive test result for “GREY INVADOR” of 396ug/L – nearly 4 times over the 100ug/L threshold.  He advised, inter alia:

“From the …. analysis …. of feed and oral supplements, samples taken from the stable, none contain levels of Cobalt that would result in a positive urinary sample of 396ukg/L.  The injections “Richtafort” and “Hemoplex” were also found at the stable.  Both contain levels of Cobalt capable of initially raising levels in excess of the threshold, however Cobalt is rapidly excreted from the body to normal levels within hours following these injections.”

11.  How the Cobalt substance entered the body of “GREY INVADOR” prior to its race at 1.44pm on 18 May 2024 cannot, and does not need to, be determined.  It was either accidental or deliberate.  Mr McDermott is adamant he did not, on raceday or earlier, provide it to the horse.

12.  The expert veterinary opinion provided to the Informant as to the excretion rate of the Cobalt, may support a conclusion that its introduction into the horse is likely to have occurred on the morning of the race, but the Adjudicative Committee is not required to make any finding.  The liability under the Rule is when a Trainer produces it to race when it has a Prohibited Substance in its body.

13.  First, “GREY INVADOR” must be disqualified from the race as the Rule is mandatory.

14.  Mr McDermott has been a Licensed Trainer for 28 years and has had no previous breaches of the Rules of Racing.  He advised the Adjudicative Committee that he presently trains only three horses.  He said he had never treated “GREY INVADOR” with any substances containing Cobalt and could not provide any explanation or understand why and how, it came to be tested positive.

15.  Ms Murrow referred to a number of decided cases which led to fines ranging from $2,500 and $8,000 (although the case of McKenzie resulted in total fines of $10,000, but this was for two offences, and admitted injections for races seven days apart).

16.  An aggravating factor in this case, is the high level of Cobalt detected, as being at the upper limit of the calibration range used by the testing laboratory.  That factor is balanced against the mitigating arising from Mr McDermott’s long unblemished history.  In fixing any sanction, the Adjudicative Committee emphasises that the obligation placed upon all Trainers by the Rules, requires scrupulous care when dealing with Prohibited Substances that may be in medications or feed that they use.  The integrity of the race contest demands it.  The NZTR Penalty Guide for a first offence refers to a fine of $8,000.  The Adjudicative Committee adopts that as a starting point.

17.  But because of his exemplary record, a discount allowance of 25% for mitigation.

18.  Accordingly, Mr McDermott is fined $6,000.  There will be no costs order.

19.  “GREY INVADOR” is disqualified from Race 4, the Waterforce 1600 at the Rangitikei Racing Club Meeting on 18 May 2024.  The revised placings are therefore:

1st     CONEY ISLAND

2nd    KAWATIRI

3rd     DRESSE’ PAR JOLI

4th     TIKEMYSON

5th      WAL

Stake monies are to be distributed accordingly.