Non Raceday Request for a Ruling – Written Decision dated 1 July 2025 – BAK DA ANGEL

Introduction

[1] The Racing Integrity Board (RIB) filed Information A17989, which relates to a Prohibited Substance charge against Licensed Class A Trainer, Mr Darrell Bryce Hollinshead (the “Respondent”).  The Respondent is the Trainer of BAK DA ANGEL, who finished in first place in Race 6, the KRA Trophy, at the Auckland Thoroughbred Racing Club meeting at Ellerslie on 19 April 2025.

[2] The Respondent has admitted the charge. By agreement, any resultant penalty will be considered and imposed, based on documentary and other relevant evidence provided to the Adjudicative Committee for its consideration.

[3] In the interim, the RIB has submitted a summary of the facts concerning this matter and have sought the disqualification of BAK DA ANGEL from its first placing in the said race.

[4] Accordingly, this Request for a Ruling Decision, deals solely with the disqualification.

[5] The Penalty Decision will follow after consideration of Penalty Submissions being filed by the Applicant (RIB) and Respondent (Mr Hollinshead).

The Relevant Rules

[6] Rules 804(1) and 804(2) provides that:

(1) 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 or trial to which the Third Appendix hereto applies in which it has started on that day.

(2) 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.

[7] Rule 903(5) provides that:

Nothing in these Rules shall prevent:

(a) a Stipendiary Steward or Investigator at any time after a Race filing an Information that a horse should be disqualified on account of or in connection with a Prohibited Substance….

(b) an Adjudicative Committee from disqualifying such horse if the Information is proved  and making such resultant orders as it considers required, and as are permitted by these Rules (including orders disqualifying the horse and ordering that any money, prize or trophy already handed over be refunded), but such disqualification or order, if ordered or made after the Official Result of Placings has been declared, shall not in any way affect that Official Result of Placings.

The Facts

The salient facts are summarised as follows:

­­­­­­­­­­­­­­­[8] The Respondent is the holder of a Class A Trainers Licence issued by New Zealand Thoroughbred Racing (NZTR). He operates a training facility in Te Awamutu and currently has eight thoroughbreds registered as ‘in training’ with NZTR.

[9] On 19 April 2025, BAK DA ANGEL won Race 6, the KRA Trophy 1400, at the Auckland Thoroughbred Racing Club meeting at Ellerslie. The gross stake money for 1st was $23,000.

[10] BAK DA ANGEL is a 4-year-old brown mare trained by the Respondent at his Te Awamutu facility. The horse is co-owned by multiple owners, including the Respondent, who holds approximately 10% ownership.

[11] Post race, BAK DA ANGEL was swabbed.

[12] On 9 May 2025, New Zealand Racing Laboratory Services (NZRLS) issued a Certificate of Analysis detailing that the sample obtained from BAK DA ANGEL was positive for the Prohibited Substance – Ketoprofen.

Ketoprofen

[13] Ketoprofen is defined as a Prohibited Substance under the Prohibited Substance Regulations of the NZTR Rules of Racing, falling under category Part A (1.2.21) anti-inflammatory agents, when present above the regulatory limit of 100 micrograms per litre in urine (clause 4.1.3 refers).

[14] Ketoprofen is a non-steroidal anti-inflammatory drug (NSAID) used in veterinary medicine to relieve pain, reduce inflammation, and control fever. It is commonly administered intravenously in horses at a standard dose of 2.2 mg/kg body weight, with a withholding period of 4.2 days as per the New Zealand Equine Veterinary Association (NZVA) guidelines.

[15] Ketoprofen is classed as a therapeutic substance and permitted in raceday samples with a regulatory limit of 100 micrograms per litre in urine. The NZRLS reported that the level in this sample exceeded 200 micrograms per litre, (upper level of calibration) significantly above the regulatory limit.

[16] The presence of Ketoprofen above the regulatory limit of 100 micrograms per litre of urine in a race-day sample is, prima facie, a breach of Rule 804(2) of the NZTR Rules of Racing.

[17] On 10 May 2025, an Investigator from the Racing Integrity Board conducted an interview with the Respondent at his training facility.  He denied ever administering Ketoprofen to BAK DA ANGEL, stating he had never heard of the substance until informed of the positive test. He reported using phenylbutazone (Bute) and Meloxicam sparingly, with the last administration of Bute to BAK DA ANGEL approximately 12 months prior to the race.

[18] Scene enquiries at the Respondent’s stable failed to identify any products containing Ketoprofen. Medications found on-site included Meloxicam and Bute paste.

[19] Inquiries with the Respondent’s veterinary provider, VE Veterinary Services Ltd, found no evidence indicating that Ketoprofen was prescribed or administered to BAK DA ANGEL.

[20] The Respondent maintains minimal medication use, supported by limited veterinary involvement and no formal treatment records for BAK DA ANGEL in the relevant period.

[21] Inquiries with NZTR Chief Veterinarian, Andrew Grierson, indicate that the detected Ketoprofen concentration could suggest administration 4–8 hours before swabbing, likely via intravenous or intramuscular injection. Oral or topical administration is unlikely to produce such high urinary levels. However, it cannot be ruled out that the dose was double the recommended amount, (as some Veterinarians or Trainers may use higher doses), potentially leading to elevated urinary levels beyond 8 hours. Environmental contamination is considered highly unlikely, due to the significant concentration observed.

[22] Mr Hollinshead raised concerns about potential interference by a third party, against whom he has a protection and trespass order. He reported past incidents of theft by his third party approximately three years ago, captured on cameras since removed, but no recent incidents were confirmed.

[23] Mr Hollinshead’s stables are located on a 30-acre property, with racehorses kept in paddocks near the stable area. No security cameras are currently in place, and medications are stored on an open bench, not in a locked cupboard.

[24] The Racing Integrity Board requested independent testing of the ‘B Sample’ in Victoria, Australia by Racing Analytical Services Ltd (RASL). RASL have confirmed that their analysis of the ‘B Sample’ has shown the presence of Ketoprofen well in-excess of the regulatory limit.

[25] It is the RIB’s position, that the presence of Ketoprofen at such a high concentration, suggests potential deliberate administration, though the source remains unidentified. Negligence on behalf of the Respondent, including inadequate security measures or failure to maintain proper medication records, may have contributed to the breach.

[26] Throughout the investigation, Mr Hollinshead has been cooperative and respectful.

[27] Inquiries with New Zealand Thoroughbred Racing (NZTR) confirm that the Respondent has no prior serious racing offences on record.

[28] Pursuant to Rule 804(1)(i), the RIB seeks the disqualification of BAK DA ANGEL from Race 6 at the Auckland Thoroughbred Racing Club meeting at Ellerslie on 19th April 2025. The official results of the race were:

1st   No 15 Bak Da Angel

2nd  No 10 Chante Moi

3rd   No 11 Mafia Mamma

Decision and Reasons

Decision

[29] After consideration of the facts and pursuant to the provisions of Rule 804(1)(i)-(v), BAK DA ANGEL is disqualified and the official placings in Race 6, the KRA Trophy 1400 metres at Auckland Thoroughbred Racing Club meeting on 19 April 2025 are to be amended and prize money paid in accordance with this Decision.

Reasons

[30] In reaching its decision, the Adjudicative Committee is required to establish that BAK DA ANGEL was brought to a Racecourse or racing facility and was found by the Adjudicative Committee to have had present in its metabolism, Prohibited Substance Ketoprofen. 

[31] As a result, the Adjudicative Committee is empowered by virtue of Rule 903(5)(b) to make an order disqualifying the horse. The scientific evidence confirms the presence of Ketoprofen.

[32] The presence of the Prohibited Substance in BAK DA ANGEL’S metabolism at the time of the race, is prima facia a breach of the Rule. Thus, the reason for the disqualification.

[33] Neither presence of Ketoprofen nor the disqualification, is contested by the Respondent. Therefore, in accordance with the relevant Rules, BAK DA ANGEL is disqualified, and the placings are to be amended, and stake money paid in accordance with this order.

Costs

[34] Due to this matter having been uncontested and dealt with ‘on the papers’, there is no order for costs.

Note:

As indicated at paragraph 5, ‘the Penalty Decision’, will also be dealt with on the papers, following consideration of Penalty Submissions being filed by the Applicant (RIB) and Respondent (Mr Hollinshead). In that regard, submissions are to be filed by the Applicant no later than 7 days after the publication of this Decision (i.e. by 8 July 2025).  In response, the Respondent, should he wish to do so, has a further 7 days to lodge submissions (i.e. by 15 July 2025).