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Racing Stewards inquired into two analyst’s findings relative to a urine sample obtained from Barry The Poet following that gelding’s win in Race 5 (Cowra Bowling Club Country Boosted Maiden Handicap, 1280m) at Orange on 15 January 2023.

Evidence was taken from licenced trainer Brett Thompson and evidence was obtained via teleconference from licensed foreperson Ben Thompson; licensed stablehand Mr M. Ellis; John Keledjian, General Manager of the Australian Racing Forensic Laboratory, and Dr Peter Curl – Chief Veterinary Officer Racing NSW.

Mr Thompson pleaded guilty to a breach of AR240(2) of presenting Barry the Poet for the purpose of engaging in Race 5 (Cowra Bowling Club Country Boosted Maiden Handicap, 1280m) at Orange on 15 January 2023 when a prohibited substance, namely Levamisole, was detected in the urine sample taken from the gelding following the event.

The evidence detailed that for the relevant period in the lead up to the abovementioned race Mr Brett’s Thompson’s racing staff, who had been active in horse handling and feeding within the stable, had also during the relevant time participated in the drenching of sheep with Tridectin 3-Way Oral Drench For Sheep which is known to contain the ingredient Levamisole Hydrochloride.

Whilst no conclusive determination could be made by the Stewards, the nature of the evidence provided during the inquiry dictated that contamination from the drenching of the sheep may have been the reason for the detection of Levamisole in the post-race sample obtained from ‘Barry The Poet’.

The evidence also revealed that Mr Brett Thompson, who was absent from his stables during the relevant period up to and including the gelding racing on 15 January 2023, did not have satisfactory measures in place to safeguard against possible contamination that might be attributed to the drenching of his sheep.

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

1) Guilty plea.

2) Mr Thompson having held a trainer’s licence for 17 years.

3) Mr Thompson’s disciplinary record.

4) The size of Mr Thompson’s stable and number of runners.

5) Mr Thompson’s personal circumstances.

6) The circumstances of the case given that contamination was quite possibly the cause of the detection.

7) The trace level detection of Levamisole in the sample obtained from Barry The Poet.

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 Thompson’s guilty plea, Stewards determined that the appropriate penalty be that Mr Thompson be fined the sum of $4,000.

Stewards acting under the powers of AR240(1), disqualified Barry The Poet from its first placing and amended the placings to:

1^st Suomenlinna
2^nd Loch Anton Lady
3^rd Alison Princess
4^th Seminara
5^th Divine Entity
6^th Brancusi
7^th I Survived
8^th Master Drumer
9^th Searchlight
10^th Foxhole

Mr Thompson was advised of his rights of appeal against the penalties imposed under AR240(2) and given that he was representing the owners of Barry The Poet at the inquiry, also in respect to the Stewards ruling to disqualify Barry The Poet from its first placing under the provisions of AR240(1).

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.