Non Raceday Request for a Ruling – Written Decision dated 9 September 2024 – Trent Yesberg

A Request for a Ruling, on the papers, was sought under Rule 1004E(1) by RIB Racing Investigator, Kylie Williams, to disqualify WHOSDREAMINGNOW from Race 3 at the NZMTC meeting on 28 July 2024, who was presented to race and found to have administered to it or ingested by it a Prohibited Substance, namely Cobalt. WHOSDREAMINGNOW won the race with a stake of $5775.

Results of the race are as follows:

1st – WHOSDREAMINGNOW

2nd – HUZUNI

3rd – WISHFUL THINKING

4th – AMBLESIDE DRIVE

5th – GOOD TIME BETTY

INFORMATION A16949 reads:

THAT on 28 July 2024 at Addington Raceway, Trent John Yesberg, the Licensed Public Trainer in charge of the horse, presented ‘WHOSDREAMINGNOW’ at the NZ Metro Trotting Club’s Meeting for the purpose of engaging in Race 3, which was found to have administered to it or ingested by it a Prohibited Substance, namely Cobalt, which must be disqualified from the race, in breach of the New Zealand Harness Racing Rules 1004E(1).

Rule 1004E(1) reads as follows:

1004E(1) Any horse taken to a racecourse for the purpose of engaging in a race which is found to have administered to it or ingested by it a Prohibited Substance or an out of competition Prohibited Substance must be disqualified from that race.

PLEA: Mr Yesberg had endorsed the Information that he did not wish to be present at the hearing of the Information regarding the consent for the early disqualification of the horse, WHOSDREAMINGNOW.

Mr Yesberg also endorsed the Information that he did not contest the Request for a Ruling to disqualify WHOSDREAMINGNOW from the race, but reserved the right to get expert advice on the Cobalt level and mitigating factors relevant to the level in relation to any forthcoming charge as a result of the disqualification of the horse.

SUMMARY OF FACTS

1. The Respondent Trent John Yesberg is the holder of a Public Trainer’s Licence issued by Harness Racing New Zealand (HRNZ).

2. On Sunday 28 July 2024 ‘Whosdreamingnow’ won Race 3 – the Betavet Echinacea Mobile Pace at the NZMTC Meeting at Addington Raceway.

3. Whosdreamingnow is a 4yo gelding trained by Mr Yesberg and owned by a syndicate of Owners including Mr Yesberg. The horse won a stake of $5,775.

4. The horse was post-race swabbed and a sub sample sent to Eurofins ELS Limited Laboratory (ELS), who issued a screening Analytical Report detailing the sample positive to Cobalt at a level of 222 micrograms per litre of urine (ug/L).

5. The sample was then sent to Racing Analytical Services Limited (RASL) in Flemington Australia for conformational analysis.

6. On 30 August, RASL issued a Certificate of Analysis detailing the Cobalt at a level of >200 ug/L, being the upper limit of the calibration range used by them.

7. Under HRNZ Prohibited Substance Regulations for the Rules of Racing, substances capable at any time acting directly or indirectly on the blood system are Prohibited Substances. Cobalt is capable of acting upon the blood system and under the Rules, when present in urine above 100 ug/L, is a Prohibited Substance in accordance with the Rules.

8. Mr Yesberg was spoken to on 02 September and consented to the disqualification of Whosdreamingnow pursuant to Rule 1004(1) & (3). He elected not to have the reserve sample tested.

The Adjudicative Committee was provided with the Swab Card, Sample Details Register and Certificate of Analysis confirming the presence of Cobalt in the Urine Sample from WHOSDREAMINGNOW.

RULING

Under Rule 1004E(1) which states Any horse taken to a racecourse for the purpose of engaging in a race which is found to have administered to it or ingested by it a Prohibited Substance or an out of competition Prohibited Substance must be disqualified from that race. 

It is clear from the evidence presented, that WHOSDREAMINGNOW was taken to a racecourse for the purpose of engaging in a race and was found to have administered to it or ingested by it a Prohibited Substance namely Colbalt, in Race 3 at the NZMTC Meeting on 28 July 2024.

Therefore, as the Rule provides under Rule 1004E(1), this Adjudicative Committee disqualifies WHOSDREAMINGNOW from Race 3, The Betavet Echinacea Mobile Pace, held at the NZMTC Meeting at Addington on 28 July 2024, effective from 12 midnight, Sunday 8 September 2024.

Subsequent to the disqualification of WHOSDREAMINGNOW, placings in the event now read as follows:

1st – HUZUNI

2nd – WISHFUL THINKING

3rd – AMBLESIDE DRIVE

4th – GOOD TIME BETTY