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Racing NSW Stewards yesterday conducted an inquiry into two Analysts’ findings of Clenbuterol in a urine sample taken from Miss Nic’n Off following it placing first in Race 5 (Benchmark 50 Handicap, 1010m) at Murwillumbah Racecourse on the Tuesday, 1 November 2022.

Evidence was taken from Mr Darren Graham, the trainer of Miss Nic’n Off.

Racing NSW Chief Veterinary Officer, Dr Peter Curl and ARFL General Manager, Dr John Keledjian provided written evidence to the proceedings.

Mr Graham pleaded guilty to a charge under AR240(2) in that he did present Miss Nic’n Off to race at Murwillumbah Racecourse on Tuesday, 1 November 2022 and a urine sample taken from that mare following it placing first in the Benchmark 50 Handicap 1010m was found to contain the prohibited substance Clenbuterol.

Stewards considered the following matters in respect to penalty –

1. Plea.
2. Disciplinary and license history.
3. Personal and professional circumstances.
4. The nature and circumstances of the offence.
5. Precedent penalties.
6. Principles applied by stewards when issuing penalties.

Stewards believe the appropriate penalty for the offence be a fine of $7,000. Allowing for guilty plea and mitigating factors a $5,000 fine was issued.

Acting under the requirements of AR240(1), Miss Nic’n Off was disqualified from its first placing in Race 5 (Benchmark 50 Handicap, 1010m) conducted at Murwillumbah Racecourse on 1 November 2022 and the placings were amended as follows:

1st - Bachvara
2nd - Hedonie
3rd - Designed To Run
4th - Seneca Falls
5th - Chrysla

Mr Graham was advised of his appeal rights.

Relevant Rules
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.

AR240(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.

- M A Holloway (Chief Steward NRRA)