Although the RNSW Stewards inquiry into the ’Ortenisa’ prohibited substance has concluded the controlling body Racing New South Wales have released a statement advising that the result of the Group I Galaxy, at Randwick on 17th April 2010, should stand until the appeal process has been completed.

Mr Alister Fraser, the Managing owner of Ortensia, on behalf of the syndicate has lodged an appeal against the mares’ disqualification from the Group 1  feature. 

Until the result of the appeal is finalised the result will stand within Testa Rossa’s and Dane Shadow’s stud records on the STALLIONS website.

Mr. Fraser has been granted a stay of proceedings until the day the appeal is listed for hearing. No date has been set for the appeal.

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On Monday, August 30th, NSW Racing concluded an inquiry into the Analyst’s finding of the prohibited substance Ractopamine in the urine sample taken from the mare Ortensia subsequent to it winning the Group 1-The Galaxy Stakes at Royal Randwick on 17 April 2010.

Evidence was taken today from the following parties:-
Mr Tony Noonan – Trainer of Ortensia
Mr Alister Fraser – Managing owner of Ortensia
Ms Emma Ridley – Part-owner of Ortensia

Racing NSW Senior Official Veterinarian, Dr Craig Suann, and Australian Racing Forensic Laboratory Acting Scientific Director, Dr Andrew McKinney, assisted the inquiry

Stewards considered evidence in the form of 40 exhibits including the results of an analysis by the ARFL of feed samples provided by the manufacturer of a commercial horse feed product that was being fed to Ortensia. The ARFL analysis reported a negative finding for Ractopamine.

Acting under the powers of AR177, the Stewards disqualified Ortensia from its first placing in the James Boags Galaxy Stakes and amended the placings to read:-

1st – Shellscrape
2nd – Swift Alliance
3rd – Stryker
4th – Rostova
5th – Gold Trail
6th – Dorf Command
7th – Motspur
8th – Definitely Ready

Licensed trainer, Tony Noonan, was found guilty of a breach of AR178, being the person in charge of a horse bought to the racecourse for the purpose of engaging in a race when a prohibited substance was detected in a sample taken from it.

Whilst AR178 is absolute, in that the breach is mandatory when a horse is brought to a racecourse for the purpose of engaging in a race and a prohibited substance is found in a sample taken from it, the decision as to whether or not to punish the trainer concerned is discretionary.

At the inquiry, the Stewards considered evidence from the ARFL Acting Scientific Director, to the effect that the level of Ractopamine found present in the sample taken from Ortensia was consistent with the levels seen in samples in Western Australia during 2004 and 2005 whereby Racing and Wagering Western Australia Stewards were able to make positive determinations that the presence of the prohibited substance Ractopamine in 13 samples was due to feed contamination.

It was also established that Ractopamine is available only in the registered veterinary chemical “Paylean” which is a feed additive for pigs, and that there has been no historical evidence that Ractopamine has been used in the horse industry.

In the special circumstances of this case gleaned over the period of a three-month Stewards investigation, and after taking into account Mr Noonan’s clean and exemplary record over some 25 years as a trainer in the racing industry and his co-operation with the Stewards throughout the investigation, the Stewards considered the appropriate course of action was to record no penalty against Mr Noonan.

Those circumstances identified by the Stewards include the very small amount of the substance detected (consistent with a finding of feed contamination), the absence of evidence of any blameworthy act or omission on behalf of the trainer and particularly bearing in mind the manner in which all previous 16 findings of Ractopamine in Australian racing have been dealt with by Stewards, namely RWWA Stewards in 2004 – 2005 and, more recently, Darwin Turf Club Stewards on 18 March 2006 and this panel on 10 November 2005.

Permalink| Sep 1, 2010

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