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Offline lloydy

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« 2015-Mar-18, 10:33 PM Reply #25 »
if it was a no body they would name them
 

Offline barney

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« 2015-Mar-19, 08:08 AM Reply #26 »
Except in Queensland the trainers here have not been named

Offline Arsenal

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« 2015-Apr-29, 07:21 PM Reply #27 »
Cobalt Inquiry adjourned

Racing Queensland Stewards have adjourned their inquiry into the reasons a urine sample taken from the Jamie McConachy-trained Vandalised, returned elevated readings of cobalt chloride following the Rockhampton Cup on June 21, 2014.

The sample returned a reading of 280 micrograms per itre in urine initially and 293 micrograms on confirmatory analysis

Racing Queensland Chief Steward - Thoroughbreds Allan Reardon said Mr McConachy and his legal team had been granted an adjournment to allow him to provide a witness who will give scientific evidence.

“Mr McConachy requested an adjournment to give him the opportunity to enlist a witness who may dispute the evidence provided by Paul Mills, Professor of Veterinary Pharmacology, on behalf of Racing Queensland today,” Mr Reardon said.

“He did not object to any of the documentation provided by Racing Queensland.

“The adjournment was granted and the hearing will resume on either May 13, 2015 or May 20, 2015 pending the witness’s availability.”

Offline barney

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« 2015-Jun-29, 04:27 PM Reply #28 »
Trevor Lambourn has been found guilty and given 3 years for 2 counts of cobalt both winners and both at Redcliffe

Offline Arsenal

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« 2015-Aug-06, 07:20 AM Reply #29 »
Queensland harness racing bans set to be overturned because of legal loophole
•   by: Brad Davidson
•   From: Gold Coast Bulletin
•   August 06, 2015 12:00AM
•   
 
It is believed three harness trainers will have their bans lifted today. Source: News Limited
A LEGAL loophole has the potential to break doping cases in Queensland wide open as Racing Queensland gets set to concede defeat in three harness cobalt cases.
Racing Queensland will make an announcement today that could have huge ramifications for all three codes of Queensland racing.
It is believed interstate laboratories, namely the ChemCentre in Perth and the National Measurement Institute in Sydney, which have been used by Racing Queensland to send racing samples for testing, may not be approved as credited facilities under the Racing Act, at least for certain samples.
It means certain samples tested at those facilities would not be admissible as evidence in court.
The news is set to rock the Queensland racing industry.

Harness trainers Shawn Grimsey, from the Gold Coast, Trevor Lambourn and Ken Belford will meet with RQ officials today, where their cobalt charges are likely to be dropped and their bans likely to be removed.
It comes after the appeals of all the three trainers were set to be heard over the next seven days.
Racing Queensland officials refused to comment last night but a media release is set to be released today with more details.
The announcement is set to leave RQ officials red-faced and will be a further blow for the Queensland racing industry, which has already been hit hard by plenty of bad news, including the live baiting scandal, in the past six months.
Lambourn was disqualified by RQ stewards for three years in June after two horses in his care produced positive samples to cobalt last year, while Belford and Grimsey were both slapped with 18-month bans for cobalt positives to one and two horses respectively.
Lambourn and Belford’s appeals were set to be heard today, while Grimsey’s appeal was set down for Monday.
But it is understood the three harness trainers are likely to walk free today.

http://www.goldcoastbulletin.com.au/sport/queensland-harness-racing-bans-set-to-be-overturned-because-of-legal-loophole/story-fnj94ixl-1227471837865

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Offline barney

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« 2015-Aug-06, 09:32 AM Reply #30 »
If this is right on whos head is this is it the former head of integrity or the former Ceo  or the former minister or all three or someone else.

Offline Arsenal

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« 2015-Aug-06, 12:43 PM Reply #31 »


Joint statement from Minister Bill Byrne and Racing Queensland


6 Aug 2015

Racing Queensland advises it today conceded the appeals of three harness trainers charged with presenting horses with excessive levels of cobalt chloride, which were before the Racing Disciplinary Board.

The decision was made following Racing Queensland’s careful examination of the laboratories used, which revealed a procedural error of law had occurred in the applicable certification processes.

As such the Minister for Racing Bill Byrne has immediately instructed the Department of National Parks, Sport and Racing and Racing Queensland to engage Deloitte to conduct a comprehensive audit of all handling procedures of the Racing Science Centre, the Office of Racing Regulation and Racing Queensland.

Racing Queensland Acting CEO Ian Hall said it was important to note, that each of the samples was well in excess of the 200mg/L threshold and the accuracy of the positive samples was not in question.

“Racing Queensland considers there is no question surrounding the accuracy of the results that have been returned on these samples,” Mr Hall said.

“The samples were tested by NATA certified laboratories qualified to conduct such testing and confirmatory analysis.

“There is an issue pertaining to an administrative error relating to the certification of the laboratories for the specific purposes of the Racing Act 2002 framework.

“Today’s outcome does not impact any future samples in Queensland.”

Minister Byrne said The Queensland Government and Racing Queensland had both acted openly and transparently in this process and have taken a number of actions to ensure the procedures are rectified immediately.

“We are currently seeking legal advice to assess if any legislative changes are required to be made as a consequence of this matter.

“The Racing Science Centre has been able to test for cobalt chloride in-house since 26 May 2015, while the secondary testing laboratories will be added to the list of certified laboratories immediately.

“As part of the Government’s response to the MacSporran Inquiry recommendations, the Racing Science Centre will now also report to the soon-to-be-formed Queensland Racing Integrity Commission.”

ENDS

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Offline Arsenal

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« 2015-Aug-07, 10:04 AM Reply #32 »
http://www.couriermail.com.au/sport/superracing/queensland-cobalt-cases-collapse-after-procedural-error/story-fnii0njy-1227473144737

THOROUGHBRED trainers Glen Baker and Jamie McConachy are likely to have their disqualifications over elevated cobalt readings lifted after Racing Queensland conceded a procedural error in testing for the substance on Thursday.
 
Six months of investigations by RQ were scuttled as harness trainers Trevor Lambourn, Ken Belford and Shawn Grimsey walked away from their cobalt disqualifications on a point of law, opening the door for Baker and McConaghy to do the same.

Baker’s appeal has been heard by the Racing Disciplinary Board but chairman Brock Miller indicated the new evidence would be permitted before its conclusion.

There is no suggestion the cobalt levels were inaccurate, but the laboratories used did not fall under the umbrella of those set out in the Racing Act 2002 framework.

RQ stewards were represented at the hearing by Alan Macsporran, QC, the man who headed the recent inquiry into Greyhound Racing which led to the sacking of the entire RQ board and chief executive Darren Condon.
 
Macsporran told the hearing it was an “innocent breach” by Racing Queensland and the Racing Science Centre but one which ultimately meant the convictions had to be quashed and costs refunded to the appellants.
 
Queensland racing minister Bill Byrne. Pictu Liam Kidston Source: News Corp Australia
 
“There is an error of law in the way the sampling was dealt with in the sense the samples were sent from the Racing Science Centre here (in Brisbane) to be tested in Western Australia and New South Wales. Those labs as it turns out are not accredited labs,’’ Macsporran said.

Racing Queensland was told to pay the $37,000 in legal expenses incurred by the three trainers during the inquiries.

Six lawyers worked out the final details before Thursday’s hearing after a deal was brokered on Wednesday for Racing Queensland to concede the appeal.

Belford — who has continued training under a stay of the proceedings — and Grimsey can now continue their ¬involvement in the sport. Lambourn is serving a two-year disqualification for betting offences, but will recoup $14,587 in expenses as well as having the two horses which tested positive to cobalt reinstated in their races.

Racing Minister Bill Byrne has ordered an audit of all handling procedures at the Racing Science Centre, the Office of Racing Regulation and Racing Queensland.

Byrne said a number of secondary testing labs would be added to the list of certified laboratories immediately and legal advice had been sought to determine whether any legislative change is needed.
   

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Offline Ascot

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« 2015-Aug-07, 11:04 AM Reply #33 »
If this is right on whos head is this is it the former head of integrity or the former Ceo  or the former minister or all three or someone else.

This has nothing to do with Deagon.  It emanates from the Department of Racing. 

Offline deepthroat

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« 2016-Jul-07, 11:53 AM Reply #34 »
Twitter rumour mill- Day and Mc Dowell trots trainers outed for cobalt have apparently had their licences reinstated plus costs afforded by the Supreme Court...
If true, this could be huge...

Offline Arsenal

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« 2016-Sep-12, 09:04 AM Reply #35 »


Phone call lifts spirits in emotional cobalt drama
 


BEN DORRIES AND NATHAN EXELBY, The Courier-Mail

September 11, 2016 5:00pm
 



THE wife of leading Queensland harness racing driver Darrel Graham was grocery shopping when she took a phone call and burst into tears.

Darrel Graham, training on a stay of proceedings of a 15-month cobalt disqualification, was ringing to tell wife Linda that Darling Downs thoroughbred trainer Rochelle Smith had successfully appealed against her cobalt ban.



It was emotional news for the Grahams as it gave them renewed hope there was light at the end of the tunnel of their own cobalt saga. It could also be significant news.

One of Smith’s cobalt positives came when her horse Grey Countess ran second on the Gold Coast on May 30 last year.

That was the same day Graham’s stable star Mafuta Vautin was tested and subsequently returned a cobalt ­irregularity. And Graham claims the testing processes were the same.

“I’ve spoken to Rochelle Smith a number of times and the paperwork she has got is exactly the same as my paperwork,” Graham said.

“Her horse’s samples and my horse’s samples were tested in the same time frame in Brisbane and the sample went to exactly the same place in Western Australia (ChemCentre).

“I rang my wife Linda and said our case now looks awfully good, seeing as Rochelle is in the clear.

“Linda was shopping in Woolies and she burst into tears straight away.”



However, Graham may not be off the hook.

His case has an important variation from Smith’s because the rules of harness racing differ from thoroughbreds.

While thoroughbred rules deem that samples need to have been tested by two official laboratories to form a “prima facie case”, harness rule of racing 191 (1) states that a certificate from just one approved drug testing laboratory is “prima facie evidence of the matters certified”.

Therefore, stewards have ruled the ChemCentre test is not needed to make the charge stand.

Graham has appealed to the Queensland Racing Integrity Commission Internal Review system. If unsuccessful there, he has the option of progressing his case to QCAT.

Graham said the emotional toll of the case had been high on his family and he had been struggling to sleep at night.

“This whole cobalt thing has been a rollercoaster ride since day one,” he said.

“But common sense does seem to be starting to prevail in a lot of cases.

“I know I haven’t done anything wrong.

“I have never before had to take sleeping pills at night, but I have had to recently as I keep waking up in the middle of the night and not being able to get back to sleep.”

Seems strange that with the large number of runners Darrel has had just one positive which  doesn't suggest he is a cheat but how it came to be is a mystery ...the other issue is the difference in the rules governing harness racing to gallopers......one test is "prima facie" the second test is "conclusive evidence".......it's been a long drawn out procedure he has had to endure ......inexplicable why it has taken so long and no end in sight maybe the CM story will result in some energy to bring it to conclusion.
 


Offline Arsenal

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« 2016-Dec-06, 06:23 PM Reply #36 »
Only slightly over the 200 threshold with readings of 215 and 220 but it has cost trainer Mark Billinger 3 years he also has to pay the HRSA'a costs of $1500.

http://www.harnesslink.com/News/Mark-Billinger-disqualified-for-3-years

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Offline Arsenal

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« 2016-Dec-12, 05:08 PM Reply #37 »
Darrell Graham exonerated over Testosterone positive from Mafuta Vautin but horse disqualified as Internal reviewer found the rules did not allow any discretion to allow the win to stand...he recommended the HRB adopt the ARB rule 177 C .

http://www.qric.qld.gov.au/pdf/0041-16-darrel-graham-internal-review-decision.pdf

Darrell's cobalt positive from the same horse has still to be determined....he was given 15 months by stewards.

Other cobalt positives .....Darren Weeks got 15 months and lost at the internal review but has the option to apply to QCAT.

http://www.qric.qld.gov.au/pdf/0035-16-darren-weeks-internal-review-decision.pdf


Stewards disqualified  Neale Scott  for 18 months he has right of appeal to the Internal review.


Darren and Neale have a long history in harness racing with clean records.



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« Last Edit: 2016-Dec-12, 05:16 PM by Arsenal »

Offline deepthroat

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« 2016-Dec-12, 07:59 PM Reply #38 »
Fascinating that every arsenic positive is being treated with caution and blame being put by authorities on treated fence posts that the horses chew and ingest, yet denial still on cobalt?
 :chin:

Offline Arsenal

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« 2016-Dec-20, 07:12 AM Reply #39 »
Neale Scott's appeal against his cobalt DQ is on today at QCAT hope for his sake he is successful very decent bloke Neale drove a winner for me many years ago when my driver was indisposed through injury.

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Offline Arsenal

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« 2017-Jan-03, 08:08 PM Reply #40 »
Rachel Scott's cobalt positive decision.....15 months.


http://www.qric.qld.gov.au/pdf/0044-16-rachel-scott-internal-review-decision.pdf


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Offline Arsenal

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« 2017-Sep-12, 07:13 PM Reply #41 »
Julie Weidemann 9 months for cobalt positive confirmed at internal review.

https://www.qric.qld.gov.au/wp-content/uploads/2017/09/WEIDEMANN-Julie-Internal-Review-Decision.pdf

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Offline Arsenal

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« 2018-Apr-16, 07:15 PM Reply #42 »
Hard to believe but the cobalt charges against trainer driver Darrell Graham which involved an alleged  positive from Mafuta Vautin on 30th May 2015 for which he was given 15 months is still going ..Darrell's application for discovery of documents relating to the testing was heard and determined in April 2017 but the decision went against him.

https://archive.sclqld.org.au/qjudgment/2017/QCAT17-124.pdf

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Offline Arsenal

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« 2018-Sep-20, 10:48 AM Reply #43 »
Very comprehensive reasons given by learned member Gordon for decision in Rachael Scott's appeal to QCAT on the question of penalty for a high cobalt result ...the outcome 3 months suspension plus a fine of $6K to be paid by 18th September inlieu of 15 months disqualification.....Ms Scott was represented by Jim Murdoch QC

 Various levels of blamewothiness were considered in determining penalty:-
Adding an additional category to allow for a case such as Ms Scott’s means that the
categories may now be stated as:-
A. No blameworthiness at all.
B. Carelessness.
C. No credible explanation, so no indication about blameworthiness
one way or the other.
D. Moral blameworthiness shown.

Well worth reading the full decision  :thumbsup:

https://www.sclqld.org.au/caselaw/QCAT/2018/301
 

" In the circumstances, a period of suspension is more appropriate than disqualification and I am satisfied it will have the necessary general deterrent effect. [97] I am asked to consider applying a condition to the suspension that:- (a) while suspended Ms Scott could not nominate horses to race or start horses trained by her in races; but (b) she could care for, i.e. feed, water, groom and exercise her horses during the period of suspension. [98] In the circumstances these conditions make practical sense and I propose to adopt them.
 [99] The above considerations do not account for the aggravating factor of the previous disciplinary history. The two previous offences concerned medication given close to a race only have relevance because they concern substances given to a horse, and seem to demonstrate further carelessness. I think it is appropriate to mark the fact of this previous disciplinary record by the imposition of an additional penalty for the current offence: a fine which is higher than the previous fines. [100] Therefore I think the appropriate penalty in this case is suspension for a period of 3 months with the conditions suggested, and a fine of $6,000.

 I shall defer the commencement of the period of suspension for about 2 weeks from the date of the order. The parties have liberty to apply as to when the suspension is to start.


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« Last Edit: 2018-Sep-20, 10:57 AM by Arsenal »

Offline Arsenal

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« 2018-Sep-26, 06:14 PM Reply #44 »
Nicole Hanrahan cobalt positives 18 months confirmed...seems some shortcomings in providing the applicant with information she was entitled to receive.

Possibly more to come assuming she tests the decision at QCAT .

https://www.qric.qld.gov.au/wp-content/uploads/2018/04/INTERNAL-REVIEW-DECISION-NICOLE-HANRAHAN.pdf


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Offline Arsenal

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« 2019-Jun-11, 06:56 PM Reply #45 »

Harness Trainer disqualified on cobalt and arsenic charges
Brisbane Harness Racing Trainer Wayne Waltisbuhl has today been disqualified for eighteen months and fined $6000 after Queensland Racing Integrity Commission (QRIC) stewards found him guilty of six prohibited substance charges.

Several samples taken from the Standardbred Drunk Artist, between November 2018 and February 2019 when it raced at Redcliffe and Albion Park returned positive to the prohibited substances arsenic and cobalt in excess of the prescribed threshold.

Drunk Artist tested positive to arsenic on 28 November 2018, arsenic and cobalt on 11 January 2019, arsenic and cobalt on 17 January 2019 and arsenic on 14 February 2019.

Under AHR 195 Drunk Artist was disqualified as the winner of Race 8 at Redcliffe on November 2018, Race 2 at Redcliffe on 17 January 2019 and from all other races where it tested positive to the prohibited substances. All other placegetters have been amended accordingly.

ENDS

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Offline Arsenal

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« 2019-Aug-02, 07:44 PM Reply #46 »
Finally the long running Cobalt positive from Mafuta Vautin has been heard and determined Darrell Graham suspended from training and driving for 12 months effective to commence in  2 weeks time.......very lengthy decision by the learned member and not the good news Darrell would have been hoping for.

https://archive.sclqld.org.au/qjudgment/2019/QCAT19-198.pdf

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Offline Arsenal

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« 2019-Aug-19, 09:50 AM Reply #47 »
Cobalt test changes sought
NATHAN EXELBY

A PROMINENT veterinarian has called for an overhaul on the way Australian racing authorities control and test for cobalt use as another two licensees have recently been dealt 12-month suspensions for breaching the permissible threshold.

QCAT suspended harness trainer-driver Darrel Graham for a year, and trainer Rachel Scott had a three-month suspension and $6000 fine amended to a 12-month suspension on appeal.

Graham’s case dated back to May 2015.

The elevated cobalt reading from Graham’s horse Mafuta Vautin was accepted to have occurred following the administration of Tripart, containing vitamin B12.

Derek Major, from Derek Major Consulting Pty Ltd, an equine veterinarian for 40 years and someone who, since 2015, has been conducting administration trials in horses of various forms of cobalt supplements, said that the testing system in Australia continues to provide “false positives” compared to what the rule initially set out to achieve.

“While I don’t support in any way, abuse of horses or the administration of any substance to enhance performance, the proposed effects of cobalt salts have been wildly exaggerated and current scientific research has failed to support them,” Dr Major said.

He explained that a cobalt ion, or inorganic cobalt salt, is a single atom that can bind with other atoms in chemical reactions, whereas B12 contains a cobalt atom, but one that is tightly encased in a large molecule and “not available for the speculated effects of inorganic cobalt salts, notably cobalt chloride”, travels intact through the horse’s system and is excreted intact.

“Vitamin B12 was never contemplated in this rule.

“If we’re testing urine for cobalt salts, vitamin B12 yields a false positive. The cobalt from vitamin B12 should be subtracted from the total measured, to give the level of cobalt ions. In America they’ve gone for blood testing, which is much more sensible.

“There’s very little correlation between the blood reading and the urine reading.”

Dr Major noted that Melbourne Cup-winning trainer Joseph O’Brien escaped sanction in Europe for a cobalt positive after it was accepted that the horse had been exposed to a “salt lick” on raceday.

Another trainer, Mikey O’Connor, was fined €1000 ($A1635) for giving a B12 injection on raceday that resulted in an elevated cobalt reading.

“Other countries in the world have been a lot more measured in the way they have regulated cobalt abuse,” Dr Major said.

Graham said that he had spent more than $300,000 on his defence over the past four years and he might now be forced to sell his property.

“If I’d done it I would have put my hand up and admit I’d done it,” Graham said.

“But this thing is so much of a grey area. There are plenty of others in the same boat as me.’’


QCAT senior member Professor Ned Aughterson drew on several cobalt precedents where a penalty has been resolved as a 12-month suspension.

“I am satisfied that (Graham) had at the very least, displayed a considerable degree of carelessness in the way he managed the horse leading up to the race on 30 May, 2015.’’

Other countries in the world have been a lot more measured in the way they have regulated cobalt abuse
DR DEREK MAJOR
@xlbnathan_cmail

ENDS

The Rachel Leigh Scott case resulted in QCAT setting aside the original penalty of disqualification and in lieu thereof the learned member imposed a suspension of 3 months plus a fine of $6000.....the CM report confusingly suggests that the QCAT decision was appealed and a 12 months suspension imposed.

It would be most unfortunate if Darrell has to sell up to survive presently his few runners since the decision have been trained and driven by Adam Sanderson......possibly Darrell could be employed in some other capacity by the stable (excluding trainng and driving)as the Harness Rules rules unlike the ARB rules do not prevent such an arrangement ..it would be up to QRIC to decide if the employment requires a license should he apply.

Giddy Up  :beer: 


Offline Arsenal

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« 2019-Sep-09, 07:32 AM Reply #48 »
Racing Australia must justify cobalt penalties


HOW many more trainers are going to be wiped out because of cobalt irregularities?

Harry Richardson’s guilty finding last week still leaves some 27 cases waiting to be determined in Queensland.

Racing Australia received a request from the Australian Trainers Association to consider the issue, but there has been no dialogue from RA since the board met late last month.

Many trainers I speak to have no sympathy for those caught in the net, believing you have to do something wrong to break the threshold.

But when you see people who have been cleanskins for decades being “caught” it really makes you wonder.

Queensland Racing Integrity Commissioner Ross Barnett acknowledges it is a complicated subject.

“We understand the concerns of participants given there is divided scientific opinion about this issue,” he said.

“But our job is to enforce the rules of racing as set by the national body.

“The penalties we give out are ultimately subject to an internal review and appeal to QCAT. The penalties are ultimately considered by QCAT.”

Given there seems to be very little evidence of the substance being performance-enhancing (a fact stated in a NSW appeal ruling last year), the penalties just seem obscene.

This is not a criticism of QRIC, which is merely following the rules as set out by RA.

The national body needs to show some leadership on this issue and at the very least, if it is going to persist with the hefty penalties, offer some justification as to why.
From Nathan Exelby's column in the Courier Mail
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« Last Edit: 2019-Sep-09, 07:38 AM by Arsenal »

Offline Arsenal

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« 2019-Sep-10, 11:42 AM Reply #49 »
CALL FOR COBALT INQUIRY INTENSIFIES
Tuesday 10 September, 2019
Mark Oberhardt
Some of Queensland's leading veterinarians and scientists have stepped up their campaign to get Australian racing regulators to implement an immediate moratorium on prosecutions for alleged misuse of cobalt.

The move follows the nine-month suspension handed to veteran Toowoomba trainer Harry Richardson on cobalt charges last week.

In Queensland alone there are nearly 30 cobalt cases across the three racing codes which remain unresolved.

The six member group recently wrote a letter to the Australian Racing Board, Australian Harness Racing Board and Australian Greyhound Board, in which they set out their concerns.

The letter said:

* The current test method employed to detect cobalt salts in urine was inappropriate and prone to "false positives" due to Vitamin B12 and urine concentration effects and could therefore result in convictions of innocent parties.

* It was clear that some trainers had incurred "positives" from cobalt exposure in feed and environment outside of their knowledge or control.

* The experts questioned the use of population studies on race day samples from horses with unknown exposure in feed supplements and the environment, to set a "threshold".

* They believed there was confusion and misinformation regarding both the potency and potential toxicity of cobalt salts.

The group requested regulators provide financial and administrative support to a multi-disciplinary Committee of Inquiry to find a consensus approach to future regulation of cobalt use in racing animals.

One of the members of the group, David Dawson, said the signatories to the letter emphasised they endorsed the efforts of regulators to identify and punish those who sought to gain an advantage by unfair means - which included use of performance-enhancing substances.

Dawson, the former chief scientist of Queensland Department of Health Pathology services, said the governing bodies had an obligation to the industry to act.

"It is a problem which is deeply impacting on the industry and deserves immediate action," he said.

ENDS

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