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Racing NSW Stewards opened an inquiry into analyst’s findings relative to a urine sample provided by licensed stablehand/trackwork rider Jack McGrath at Tamworth Racecourse on 30 July 2024.

On 5 September 2024, Mr McGrath was stood down after Stewards received the certified findings of the Australian Racing Forensic Laboratory (ARFL) Analyst that the urine sample he provided was found, upon analysis, to contain a banned substance under AR136(1), greater than the cut-off.

A brief of evidence was tendered, and oral evidence was taken from Mr McGrath. Stewards considered the evidence and issued a charge under AR139(1)(a) as detailed below:

Charge: AR139 Offences where riders use banned substances

The details of the charge being that licensed stablehand/trackwork rider Jack McGrath provided a sample of his urine on the morning of 30 July 2024 at Tamworth Racecourse, which was found upon analysis to contain a banned substance under AR136(1), greater than the cut-off.

Plea: Guilty
Finding: Guilty

Penalty

The following penalty considerations were taken into account:

- Guilty plea was entered at the earliest opportunity,
- Contrition shown by Mr McGrath and his willingness to accept responsibility for the breach,
- Mr McGrath personal and professional circumstances,
- Purpose of issuing penalties as a protective measure for the image, interests and welfare of the Thoroughbred racing industry.

Stewards decided that Mr McGrath’s licence should be suspended for a period of 10 months.

Having regard to his guilty plea and other relevant considerations, Stewards varied the penalty to 8 months, to commence on 5 September 2024, the day he was stood down, and to expire on 5 May 2025.

Furthermore, Mr McGrath was advised that should he provide evidence of having completed a period of satisfactory counselling, the penalty would be further varied to allow him to resume non-riding, stablehand duties on 5 February 2025.

Mr McGrath was notified that in accordance with AR139(4), he will be required to provide a urine sample free from any substances banned by AR136(1), prior to being permitted to resume duties.

Mr McGrath was advised of his appeal rights.

Relevant Rule

Division 6 – Banned substances offences for riders and horse handlers

AR 139 Offences where riders used banned substances

(1) A rider breaches these Australian Rules if:
 (a) a banned substance under AR 136(1) is detected in a sample taken from the rider
(4) If a rider incurs a penalty or is prevented by the Stewards from riding under this rule, the rider cannot resume riding until the period of the penalty has expired and a sample from the rider free of any banned substance under AR 136(1) has been delivered, as directed by the Stewards.

- D.R. Hadley (General Manager-Investigations Racing NSW)