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Racing NSW Stewards have concluded and inquiry into the analyst’s findings relative to a urine sample obtained from Little River Rose following that mare’s win in Race 2 (Claudia Leighton Birthday Wish Class 1 Handicap, 950m) at Cowra on Saturday, 9 July 2022.

Evidence was taken from licenced trainer Aaron Clarke and evidence was obtained via teleconference from John Keledjian, GM-Australian Racing Forensic Laboratory and Dr Peter Curl, Chief Veterinary Officer for Racing NSW.

Mr Clarke pleaded guilty to a breach of AR240(2) of presenting Little River Rose for the purpose of engaging in Race 2 (Claudia Leighton Birthday Wish Class 1 Handicap, 950m) at Cowra on Saturday, 9 July 2022 when a prohibited substance, namely Levamisole, was detected in the urine sample taken from the mare following the event.

The evidence detailed that on the afternoon of 6 July 2022, Mr Clarke drenched his sheep with Q-drench, a multi-combination drench specifically for sheep and later that afternoon returned to his stables to feed-up which included providing a hand mixed feed to Little River Rose.

Whilst Mr Clarke submitted that this inadvertent contamination was the most likely cause for the detection of Levamisole in the post-race sample obtained from the mare, the Stewards, based on the scientific evidence provided during the inquiry, could not be comfortably satisfied that this was the reason for the positive finding and no conclusive evidence was available to exact the reason for the detection of Levamisole.

Penalty
Stewards gave consideration to the following matters when determining penalty:

1) Guilty plea
2) Mr Clarke having held a trainer’s licence for 15 years
3) Mr A Clarke’s unblemished disciplinary record in respect to breaches under the Rule
4) Mr Clarke’s personal circumstances
4) The principles of individual and general deterrence
5) The trace level detection of Levamisole in the sample obtained from Little River Rose

Stewards determined that the appropriate base penalty was a fine in the sum of $6000. However, having given consideration to the circumstances and matters referred to above, including Mr Clarke’s guilty plea, Stewards determined that that the appropriate penalty be that Mr Clarke be fined the sum of $4,000.

Stewards acting under the powers of AR240(1), disqualified Little River Rose from its first placing and amended the placings to:

1st - Cheval De Frise
2nd - Magic Smile
3rd - White Liar
4th - Cankina
5th - Class Act
6th - Georgeous Am I
7th - Faithless
8th - Hussniacki
9th - Fell’s Hero
10th - Hitman

Mr Clarke was also fined the sum of $300 under AR104(1) for failing to record in his stable treatment records, an unrelated repeated treatment administered to Little River Rose during June and July 2022.

Mr Clarke was advised of his rights of appeal against the penalties imposed under AR240(2) and AR104(1) and, being the managing part-owner of Little River Rose, also in respect to the Stewards ruling to disqualify Little River Rose from its first placing under the provisions of AR240(1).

- JD Walshe (Chief Steward-South East Region, Racing NSW)

Relevant Rules
AR 240(1) Subject to subrule (3), if a horse is brought to a racecourse and a prohibited substance on Prohibited List A and/or Prohibited List B is detected in a sample taken from the horse prior to or following its running in any race, the horse must be disqualified from any race in which it started on that day.
AR 240(2) Subject to subrule (3), if a horse is brought to a racecourse for the purpose of participating in a race and a prohibited substance on Prohibited List A and/or Prohibited List B is detected in a sample taken from the horse prior to or following its running in any race, the trainer and any other person who was in charge of the horse at any relevant time breaches these Australian Rules.
AR 104(1) A trainer must record any medication or treatment administered to any horse in the trainer’s care by midnight on the day on which the administration was given.