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Offline Jeunes

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« 2020-Apr-15, 06:29 PM Reply #50 »
Wasn’t  the MM was the race where AB was stuck in a traffic jam for hours and races delayed for a hour?

Not implying anything but would any vet or any staff give a wrong medication or drink by mistake if the horse was agitated during the trip etc. If so would it be viewed as performance enhancing if given to calm a horse? I am just clutching at straws for the connection.

Offline PoisonPen7

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« 2020-Apr-15, 08:02 PM Reply #51 »
Wasn’t  the MM was the race where AB was stuck in a traffic jam for hours and races delayed for a hour?

Not implying anything but would any vet or any staff give a wrong medication or drink by mistake if the horse was agitated during the trip etc. If so would it be viewed as performance enhancing if given to calm a horse? I am just clutching at straws for the connection.

It could.

But you would expect corroboration from the vet.

In fact (I think) if a vet administers any substance to a racehorse there are protocols to be followed, records to be updated.

If you just say "OK" to any uncorroborated reason then you would open a whole Pandora's Box in regard to anyone charged in the future.

There is a precedent to a horse being allowed to keep a race after an abnormal sample.

Think it was one of Clarry Connor's Slipper winners. Tierce in 1991 perhaps? Lignocaine for a tooth?

Offline Jeunes

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« 2020-Apr-16, 01:21 AM Reply #52 »
It could.

But you would expect corroboration from the vet.

In fact (I think) if a vet administers any substance to a racehorse there are protocols to be followed, records to be updated.

If you just say "OK" to any uncorroborated reason then you would open a whole Pandora's Box in regard to anyone charged in the future.

There is a precedent to a horse being allowed to keep a race after an abnormal sample.

Think it was one of Clarry Connor's Slipper winners. Tierce in 1991 perhaps? Lignocaine for a tooth?

I think you maybe right in regards to Tierce. He was a good horse. On a side note, have a look at some of the jockey names that rode in the Slipper that year. Not bad depth at all. A bit surprised not to see John Marshall in the names but I don’t think he got many rides out of the Cummings stables at times.

https://www.racenet.com.au/horse-racing-results/rosehill-gardens-19910323/golden-slipper-stks-race-4

Below is an article about some horses that tested positive and had group 1 races stripped from them.

https://www.news.com.au/sport/superracing/sense-at-last-on-drug-system-as-australian-racing-board-adjusts-screening-limits-described-as-out-of-date/news-story/70c3118f644e682a98429804daf29384

Offline Arsenal

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« 2020-Jul-23, 05:59 PM Reply #53 »
https://www.racenet.com.au/news/alligator-blood-legal-team--it-s-a-landmark--case-for-the-rights-of-owners-20200722
Alligator Blood legal team - it's a 'landmark' case for the rights of owners

 
Alligator Blood's owner Allan Endresz (centre).
 Article Author
Ben Dorries 11:12AM22 July 2020
A leading sports lawyer acting for Alligator Blood’s colourful owner says the looming stoush over the star horse’s prohibited substance irregularity is a landmark case for the rights of owners in racing.

Trainer David Vandyke will front a stewards’ inquiry in Brisbane on Thursday regarding the positive swab to traces of altrenogest following Alligator Blood’s thumping victory in the Gold Coast Magic Millions 3YO Guineas in January.

There is $1.16million at stake for owner Allan Endresz and his co-owners given the Queensland boom horse will be disqualified and stripped of prizemoney from its win should there be an adverse finding.

Queensland chief steward Peter Chadwick has banned the media from attending Thursday’s hearing and Endresz and his legal team also have no right to attend.

Sports lawyer Tim Fuller has been engaged by Endresz and, as has previously been flagged, one of the planks of their case is in relation to AR 240, which states a horse must be disqualified if it is found to have a prohibited substance in its system on race day.

Endresz’s legal team say that is an “extraordinary” rule as it does not take into account any factors such as potential inadvertent administration or a horse being nobbled by someone with an axe to grind.

However Fuller says the case will also shine a light on the rights of owners in racing – or the lack of them.

“An owner is a registered participant in the sport under the Australian Rules of Racing but unlike other participants they do not have any rights of review (before stewards) in a prohibited substance case like this where a horse could be disqualified,” Fuller said.

“Owners are bound by the rules of racing but they don’t have any recourse in a case like this – that is quite extraordinary.

“Based on that, what sort of means of review does an owner have – none?

“The owner (Endresz) doesn’t even have access to the certificate of analysis in relation to the result (of the Alligator Blood swab).

“The owner has no right of review or to be heard in racing in a case like this – but in the end owners are probably the ones who invest most in the sport in many ways.

“The problem with this rule is the owners are the ones who suffer financially.

"It calls into question the fairness of the rule and the rights of owners, absolutely."

It appears likely, if there is an adverse finding at the stewards’ inquiry on Thursday, the case will progress further where Endresz could launch a Supreme Court challenge to the rules of racing.

Fuller says racing's automatic disqualification rule for a prohibited substance charge doesn’t take other factors into account.

“There are always going to be situations in racing that are a little bit grey,” Fuller says.

“This rule used to be enforced under the discretion of the stewards and now that has been changed to a horse must be disqualified.

“That is completely unfair.

“A horse could potentially leave the race after winning .. and if somebody walked up and stuck something underneath the horse’s mouth and ultimately that horse then produced a sample positive to prohibited substance – in the end that horse must be disqualified.”

Horses such as trainer Chris Waller's Junoob in the 2014 Group I Metropolitan Handicap have been disqualified from race wins under the current rule.

Waller was fined $30,000 after he explained "human error" led to Junoob being treated with Frusemide, also known as Lasix which showed up in a post race swab.

Fuller said a leading Queen’s Counsel has been engaged and would provide advice about any potential legal action following Thursday’s stewards’ inquiry.

In January, Racenet reported how Alligator Blood did a Phar Lap as he required a police escort to get to the races late before winning one of the most dramatic renewals of the $2 million Gold Coast Magic Millions Guineas.

 Article Author
Read all News by Ben Dorries
ENDS
 I don't agree with the media ban nor that the owners aren't permitted to attend and be heard denial of natural justice.

No result reported so far ...it's hard to imagine it'll be a happy ending .....the comments by Mr Fuller if advanced at the hearing are hardly persuasive .....that's my opinion.

Still I've been wrong before and you never know although it does appear a cut and dried case.

STOP PRESS

Alligator Blood disqualified from Magic Millions win, Vandyke fined $20,000
Alligator Blood disqualified from Magic Millions win, Vandyke fined $20,000
Alligator Blood has been disqualified from the Magic Millions with runner-up Eleven Eleven declared the new winner. Photo: Getty Images.
Ben Dorries
Article Author
Ben Dorries
6:08PM23 July 2020

Alligator Blood has been stripped of his most lucrative win, in a finding from Queensland stewards which owner Allan Endresz says will now spark a Supreme Court challenge.

One of Australia's biggest-name horses has been disqualified from his thumping win in the $2m Gold Coast Magic Millions 3YO Guineas in January, with Greg Hickman-trained runner-up Eleven Eleven promoted to winner.

Alligator Blood's trainer David Vandyke was also fined $20,000 for presenting Alligator Blood to race with a prohibited substance, with traces of altrenogest found in a post-race sample.

The decision at a stewards' inquiry in Brisbane on Thursday, which was closed to the media, was a $1.16million dive in the fortunes of Alligator Blood's owners which include the colourful Endresz.

That was the first prizemoney from the Magic Millions win which has now been taken away from him due to a positive swab to traces of altrenogest on raceday.

It represents a bonanza for the connections of Eleven Eleven, not only are they the new winner but there was an $800,000 difference in prizemoney between first and second.

However the matter is far from finished after the day-long stewards hearing in Brisbane.

Endresz told Racenet on Thursday night he would initiate legal action in the Supreme Court, challenging the stewards decision.

He has previously flagged potential Supreme Court action would challenge the rules of racing in regards to the automatic disqualification rule, potentially opening up a can of worms in relation to past prohibited substance decisions and disqualifications from stewards.

"I will be going to the Supreme Court - there is no doubt about that," Endresz, who has previously claimed his high-profile horse must have been "got to" by someone with an axe to grind agianst him, said.

"In addition to what I have talked about previously there now also the issue of the (Queensland Racing Integrity Commission) swabbing policies, which we haven't even been provided with.

"We want to know the timing of the swabs, the gap in the timing, the level of security around the swabs taken on raceday."

Endresz said in terms of prizemoney from the Magic Millions, Alligator Blood's owners hadn't actually received a cent because the swabs hadn't cleared.

Vandyke has the option of the Queensland racing appeals system which is long and cumbersome, firstly involving an internal review process and then an appeal to the Queensland Civil and Administrative Tribunal.

As Queensland chief steward Peter Chadwick decided to close Thursday's hearing to media, the evidence heard by the stewards remained behind closed doors and is not able to be reported by Racenet.

QRIC released the following statement, shortly before 6pm on Thursday night:

"Sunshine Coast Trainer David Vandyke was found guilty of a breach of AR 240(2) as the licensed trainer of Alligator Blood he brought the gelding to race on 11 January 2020 when a post-race urine sample detected the prohibited substance altrenogest," the statement said.

"The Queensland Racing Integrity Commission (QRIC) Stewards today disqualified the gelding Alligator Blood from its win in the Magic Millions 3YO Guineas at the Gold Coast on 11 January this year.

"Stewards issued Mr Vandyke a fine of $20,000 and disqualified Alligator Blood from its win in the Gold Coast Magic Millions race.

"Mr Vandyke was informed of his rights to an Internal Review of the stewards decision."

Alligator Blood went on to be one of the stars of the Melbourne autumn carnival and a headline act with his Group I win in the $1million Australian Guineas.

On Wednesday, one of Endresz's high-powered legal team told Racenet of the looming legal fight and indicated it would be a landmark case for the rights of owners in racing.
Related Topics: Magic Millions 3Yo Guineas Magic Millions

Giddy Up :beer:

« Last Edit: 2020-Jul-23, 07:21 PM by Arsenal »

Offline Peter Mair

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« 2020-Jul-23, 06:55 PM Reply #54 »


........... if one goes to Queensland .... one takes risks

Offline PoisonPen7

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« 2020-Jul-24, 02:42 AM Reply #55 »

........... if one goes to Queensland .... one takes risks

Thank you Confucius.


Endresz’s legal team say that is an “extraordinary” rule as it does not take into account any factors such as potential inadvertent administration or a horse being nobbled by someone with an axe to grind.

There was the case a few years back where Clarry Conner's Golden Slipper winner Tierce was found to have a prohibited substance in his system after winning the Slipper - Lignocaine inadvertently administered after some dental treatment pre-race.

He was allowed to keep the race.

So one could argue that it is not necessarily so that a horse is disqualified. This could have applied to AB but didn't. The operative word being could.

Offline Arsenal

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« 2020-Jul-27, 07:07 PM Reply #56 »
Alligator Blood case: MM prizemoney could be withheld for an eternity
Alligator Blood case: MM prizemoney could be withheld for an eternity
Eleven Eleven is the new winner of the Gold Coast Magic Millions 3YO Guineas - but what about the prizemoney? Photo: News Limited.
Ben Dorries
Article Author
Ben Dorries
10:15AM27 July 2020

Greg Hickman-trained Eleven Eleven is the new winner of the rich Gold Coast Magic Millions 3YO Guineas but connections could be waiting an eternity to pocket an extra $800,000.

Original winner Alligator Blood was disqualified last week and the $1.16m first prizemoney is poised to go to original runner-up Eleven Eleven, an increase of $800,000 from Eleven Eleven's second-placed prizemoney of $360,000.

However there could be appeals against Alligator Blood's disqualification lodged under the rules of racing and owner Allan Endresz is also insisting he will take Supreme Court action to challenge the stewards' decision and racing rules.

A Racing Queensland spokesman confirmed to Racenet that under local rules, prizemoney can be withheld "while any action of law is pending."

"That applies to legal proceedings outside of the racing jurisdiction," the spokesman told Racenet.

Racing Queensland also has a separate statement on the matter on its website.

It reads: "Racing Queensland acknowledges the Queensland Racing Integrity Commission inquiry and decision in relation to Alligator Blood and the Magic Millions Guineas.

"It also recognises the right of appeal process available in relation to the decision.

"Accordingly, Racing Queensland will reserve the distribution of prizemoney until such time that the connections have elected whether to exercise their appeal rights, and any appeal process has been finalised.
 
"This aligns with Racing Queensland’s established practice of the withholding of payment of prizemoney pending swab clearance for races with prize money in excess of $75,000.

"Racing Queensland has not yet distributed any first place prizemoney for the Magic Millions Guineas."

After hearing Alligator Blood had been disqualified and Eleven Eleven was the new MM winner, Hickman told Channel Seven it felt like Christmas had arrived early.

"It’s good for the owners, it’s good for the stable, it’s good for everybody so it’s Christmas come early," Hickman said.

Given the complexities of the slow-moving legal system, it is anyone's guess when the Alligator Blood case will finally come to its conclusion.

But you can safely bet it won't be anytime soon.

Meanwhile, Queensland stewards on Saturday released a brief summary of their findings from the Alligator Blood stewards' hearing on Thursday which had been closed to the media.

Stewards found no evidence anyone connected with trainer David Vandyke's stable had deliberately administered altrenogest to Alligator Blood on the day of the Magic Millions.

"Mr Vandyke could not provide any explanation as to how the prohibited substance came to be present in the horse Alligator Blood and the
Stewards had no evidence that Mr Vandyke, his staff or any other person administered Altrenogest to Alligator Blood," the stewards' report read.

Vandyke was fined $20,000 but avoided suspension.

Stewards said they took into account Vandyke's "co-operation throughout the inquiry together with his frank and forthright evidence."

Godolphin's Exhilarates is the new Gold Coast Magic Millions 3YO Guineas runner-up while Peter and Paul Snowden's Hightail has been promoted to third.
Related Topics: Magic Millions 3Yo Guineas
Ben Dorries
Article Author

https://www.racenet.com.au/news/alligator-blood-case--mm--prizemoney-could-be-withheld-for-an-eternity-20200727

ENDS

https://qric.qld.gov.au/wp-content/uploads/2020/07/Stewards-Report-David-Vandyke.pdf

In determining penalty, the Stewards considered the circumstances of the breach, the mitigating factors surrounding the offence and the penalty precedents in relation to the offence. In regards to the circumstances of the offence, Mr Vandyke could not provide any explanation as to how the prohibited substance came to be present in the horse Alligator Blood and the Stewards had no evidence that Mr Vandyke, his staff or any other person administered Altrenogest to Alligator Blood.

Giddy Up :beer:




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