Non Raceday Request for a Ruling – Written Decision dated 17 April 2025 – Cheri Lee Trembath

The horse, WATER LILIES (2018 bay mare Tivaci – Queen Mary) is trained at Ashburton by Licensed Class B Trainer, Cheri Trembath.

Information No A16946 has been filed by Racing Investigator, Simon Irving, requesting a ruling as follows:

“On the 25th of February 2025, the horse WATER LILIES (trained by Cheri Trembath) brought to the Ashburton RC trials, was found to have present in its metabolism the Prohibited Substance, Caffeine, shall be disqualified from the trial in which it started pursuant to Rule 804(1)(i).”

By an email dated 27 March 2025 to Mr Irving, Ms Trembath stated:

Everything in the summary sounds correct and I do give consent for Water Lilies trial on the 25/02/2025 to be disqualified.

It has further been agreed that this request for a ruling be determined “on the papers” – that is to say, solely on the basis of the documents and evidence filed by the parties, without the need for an oral hearing.

THE RULE:

Rule 804 provides as follows:

(1)(i) 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 irrespective of the circumstances in which the Prohibited Substance was administered or came to be present in, or on, the horse.

SUMMARY OF FACTS:

Mr Irving presented the following agreed Summary of Facts:

The Respondent, Cheri Trembath, is the holder of a Class B Trainer’s Licence issued by New Zealand Thoroughbred Racing (NZTR).

Ms Trembath trains one horse from stables based at Ashburton Raceway.

Circumstances

1. On Tuesday 25 February 2025, the horse, WATER LILIES, trained by Ms Trembath, was pre-trial blood tested at the Ashburton Racing Club trials at Ashburton Raceway.
2. WATER LILIES is a 6-y-o mare, and ran in Heat 3 of the trials, a Maiden Catchweight 800m, finishing second.
3. On 13 March 2025, New Zealand Racing Laboratory Services (NZRLS) issued a Certificate of Analysis detailing the blood sample positive to the Caffeine (and its metabolite Theophylline).
4. Caffeine is a Prohibited Substance (categorised as a stimulant – clause 1.2.59) within the meaning of the Rules and its presence in a trial or race-day sample is, prima facie, a breach of the Rules.
5. On 20 March 2025, RIB Investigators visited the stables of Ms Trembath and commenced investigation. It was established that Ms Trembath was using the equine supplement “MetaboLize”, manufactured by Poseidon Animal Health which had, the previous day, issued a public advisory warning that a batch of MetaboLize had unknowingly been contaminated with a low level of caffeine.
6. MetaboLize is described as a natural proprietary blend of plant based flavonoid extracts consisting of dihydromyricetin, quercetin and chlorogenic acid, plus Saccharomyces cerevisiae Pre and Postbiotics, and does not contain caffeine. In its usual form, it is not a Prohibited Substance and has no recommended withhold time.
7. Further inquiries with the manufacturer confirmed that the batch being used by Ms Trembath was that which was identified as being contaminated.
8. The manufacturer also advised that their veterinarian team had reviewed the results of the contamination and given the minor concentration of the level of caffeine and the size of the dose they suggested a withholding period of 72 hours prior to racing or engaging in competition in which drug testing through laboratories is conducted.
9. As per the NZEVA guidelines, caffeine is listed as having a detection time of 10 days and a withholding time of 14 days.
10. Ms Trembath had been treating WATER LILIES for “tie up” (a syndrome of muscle disorders with multiple causes) for two weeks prior to the blood sample being taken, and was following the manufacturer’s feeding instructions. She explained that she had used the supplement up until Sunday afternoon prior to the trial on Tuesday, in observance of the “one clear day” rule.
11. For the reasons listed, Ms Trembath has been neither careless nor neglectful and should not be culpable for the positive sample.
12. Ms Trembath has no previous breaches of the Prohibited Substance Rule or any other NZTR Rules.

RULING:

The Adjudicative Committee is satisfied that the horse, WATER LILIES, trained by Licensed Class B Trainer, Cheri Trembath, was taken to the trials meeting at Ashburton Racecourse on 25 February 2025 for the purpose of engaging in and did engage in Heat 3, Maiden Catchweight 800 metres, which was found to have had present in its metabolism the Prohibited Substance, Caffeine, and, accordingly, the Adjudicative Committee is required under Rule 804(1)(i) to, and does, disqualify the horse from the Trial.

The Adjudicative Committee notes that the Trainer of WATER LILIES, Ms Trembath, consents to such disqualification.

Consequent upon the disqualification, the amended result for the race is as follows:

1st   Tranquil Eyes

2nd  Montero

3rd  Porcia Catonis

4th  Uncompromising