Non Raceday Request for a Ruling – Written Decision dated 15 July 2022 – FLIP ‘N’ EASY

RULING OF ADJUDICATIVE COMMITTEE PURSUANT TO RULE 918(1) RULES OF NZ THOROUGHBRED RACING

1.   The Applicant has sought a Ruling pursuant to Rule 918(1) in relation to the outcome of Race 1, “The HR Fisken & Sons Ltd 1200m” at the Auckland Thoroughbred Racing at Pukekohe on 28 May 2022.

2.  The horse “FLIP ‘N’ EASY” , part owned and trained by Mr M Thompson (who holds a Class B permit to train licence) finished first, with the Judge’s placings being:

First:          FLIP ‘N’ EASY

Second:     MODERNISE

Third:        GIMME, ALL YOUR LOVIN

Fourth:       SERENA’S SPIRIT

Fifth:           MADIRAN

Sixth:          EXCLUSIVE FIGHTER

3.  FLIP ‘N’ EASY was correctly swabbed post race and on later analysis at the  New Zealand Laboratory, the urine sample was found to be positive to the drugs Methamphetamine and Amphetamine.  Methamphetamine is a Class A Controlled Drug under the Misuse of Drugs Act 1975 and a Prohibited Substance under the NZ Rules of Racing.

4.  When interviewed Mr Thompson was unable to explain how the positive sample may have arisen.  Subsequent investigations ascertained that the stable area in which the horse had been stabled at Mr Thompson’s property was extensively contaminated with Methamphetamine which was attributed to previous tenants of that property.

5.  Under Rule 804(1) it is mandatory that a horse that competes in a race with a Prohibited Substance in its metabolism (system) be disqualified.  Mr Thompson as Trainer, part owner, and Racing Manager has formally consented to such disqualification.

6.  Accordingly “FLIP ‘N’ EASY” is disqualified from its placing in the race in question and the revised placings (with stakes to be paid accordingly) are:

First:          MODERNISE

Second:     GIMME, ALL YOUR LOVIN

Third:         SERENA’S SPIRIT

Fourth:       MADIRAN

Fifth:           EXCLUSIVE FIGHTER

Dated 14 July 2022

Hon J W Gendall QC