Non Raceday Request for a Ruling – Written Decision dated 21 June 2023 – CALL ME SIR

The Informant, the Racing Integrity Board (RIB), seeks a ruling under 1004A(2) and 1004D(2) of the New Zealand Rules of Harness Racing disqualifying the horse CALL ME SIR from Race 5 at the Invercargill Harness Racing Club meeting on 6 May 2023 in that Ian Jamieson, the Registered Trainer and person in charge of the horse, failed to present the horse free of the prohibited substance Arsenic at a level at or below 0.3 mg per litre (mg/L) urine, in breach of the Prohibited Substance and Practices Regulations and r 1004A(2).

Rule 1004A(2) states: “A horse shall be presented for a race free of prohibited substances.”

Rule 1004D(2) provides: “Any horse connected with a breach of the rule must be disqualified from the race….”

The Prohibited Substance and Practices Regulations states: “4 The following substances are not prohibited when present at or below the following threshold: 4.2 Arsenic at a mass concentration of 0.30 milligrams of total arsenic per litre in urine.”

Summary of Facts

The agreed summary of facts states:

1. CALL ME SIR is a 5-year-old bay gelding that until early June 2023 was co-owned and trained by Ian Jamieson at Winton. As at 12 June 2023 the horse had 22 race starts for 1 win and 8 placings, winning a total of $14,920 in race stakes money.
2. CALL ME SIR was correctly entered and presented by Mr Jamieson to race in Race 5, the Lone Star Café and Bar Mobile Pace 2200m at the Invercargill HRC meeting on 6 May 2023 at Ascot Park. The horse won the race, winning $5,500 in stakes money, that has not yet been paid out.
3. CALL ME SIR was post-race swabbed and a urine sample was taken. The sample was recorded with the swab card number 094579. Mr Jamieson was present throughout the swabbing and had no issues with the process.
4. On 7 June 2023 Racing Analytical Services Laboratory (RASL) in Victoria supplied a Certificate of Analysis result which showed that the Urine Sample number 094579 had returned an Arsenic result of greater than 0.60 mg/L of urine.
5. The result is evidence of a breach of the Prohibited Substance and Practices Regulations as contained in the New Zealand Rules of Harness Racing which specifies that Arsenic is only permitted when present at a concentration at or below 0.30 mg/L.
6. On 14 June 2023 RIB Investigators visited the training stables of Mr Jamieson. He was advised of the positive swab result and given a copy of RIB Sample Identity Card 094579, along with a copy of the RASL Certificate of Analysis.
7. Mr Jamieson advised Investigators that CALL ME SIR was a chronic chewer, which was evidenced by obvious deterioration of the horse’s box fence posts and on paddock fencing. He said the only thing he had applied to try and stop the horse from chewing on the wood was used tractor oil. The horse was also drinking water sourced from a bore on the property.
8. Both wood and water samples were obtained and have been sent for further analysis.
9. Mr Jamieson could think of no other possible source from which the Arsenic may have come. He said he used no additional supplements or tonics and there had been no injections or other vet treatments provided to the horse for years.
10. Mr Jamieson did not require that a B sample be tested and agreed to the disqualification of CALL ME SIR as being necessary.
11. Mr Jamieson has been fully cooperative to date.

Ruling

CALL ME SIR was correctly entered and presented by Mr Jamieson to race in Race 5 at the Invercargill Harness Racing Club on 6 May last, earning gross stake money of $5,500.

CALL ME SIR was post-race swabbed and on 7 June 2023, the RASL issued a Certificate of Analysis result which showed that the Urine Sample number 094579 had returned an Arsenic result of greater than 0.60 mg/L of urine.

CALL ME SIR has tested positive for Arsenic at a level above 0.30 mg/L, the threshold in the Prohibited Substance and Practices Regulations. This is a breach of r 1004A(2).

Mr Jamieson consents to the disqualification of CALL ME SIR.

The Adjudicative Committee rules pursuant to r 1004D(2) of the Rules of Harness Racing that CALL ME SIR is disqualified from Race 5 at the Invercargill Harness Racing Club meeting on 6 May last.

Amended placings are:

1st       4  MYDADTHETERROR

2nd     5   SANTERIA

3rd     6   MUCHO FUERTE

4th     1    ASK ME LOU

5th     10  CHEMMY

Stakes are to be paid accordingly.