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Racing NSW Stewards conducted an inquiry in relation to an audit of trainer David Smith’s licensed stable premises by Racing Stewards on Wednesday, 28 June 2023.

During the stable audit, two bottles of the product Hemoplex were identified, which is an injectable product containing cobalt salts.

Evidence was taken at yesterday’s hearing from Mr Smith. The evidence established that on 13 occasions between 14 March 2023 and 26 June 2023, horses under Mr Smith’s care were administered Hemoplex by way of intravenous injection.

Charge 1

AR 252A(1) - The details of the charge being that Mr Smith did, on Wednesday, 28 June 2023, have on his licenced stable premises two bottles of Hemoplex, which is an injectable product which contains cobalt salts.

Plea: Guilty

Charge 2

AR254A(1)(a) - The details of the charge being that between 14 March 2023 and 26 June 2023, Mr Smith did administer, by intravenous injection, the product Hemoplex, which contains cobalt salts, to the following horses: -

• Wandjina Spirit – 10ml – I.V. – 8:30am on 14 March 2023
• Oregon – 10ml – I.V. – 8:30am on 14 March 2023
• C’mon And Love Me – 10ml – I.V. – 9:30am on 28 March 2023
• American Anthem – 10ml – I.V. – 9:30am on 28 March 2023
• Wandjina Spirit – 10ml – I.V. – 9:30am on 28 March 2023
• Charm Factor – 10ml – I.V. – 9am on 20 April 2023
• My Mirka – 10ml – I.V. – 9am on 10 May 2023
• Charm Factor – 10ml – I.V. – 9am on 10 May 2023
• Aubree – 10ml – I.V. – 3:30pm on 7 June 2023
• Phone Home – 10ml – I.V. – 3:30pm on 7 June 2023
• C’mon And Love Me – 10ml – I.V. – 3:30pm on 7 June 2023
• A Boy Named Soo – 10ml – I.V. – 4:15pm on 20 June 2023
• Painite – 10ml – I.V. – 4:15pm on 20 June 2023

Plea: Guilty

Penalty

Stewards gave consideration to the following matters when determining penalty:

• Guilty plea to each charge
• Mr Smith having held a trainers licence for 9 years
• In relation to charge 1, Stewards considered Mr Smith’s disciplinary record and that he had previously been charged with a minor breach under a related rule
• Mr Smith had not previously been charged with any offence under AR254A (charge 2)
• The product Hemoplex was being administered in a way which was not intended to seek an unfair advantage but rather for the horses’ general welfare
• The principles of individual and general deterrence
• Mr Smith being unaware of the prohibition of the possession and use of Hemoplex despite warnings issued by Racing NSW in respect of the possession and use of injectable products containing cobalt salts
• Precedent penalties
• Mr Smith’s cooperation and transparency during the investigation

Penalty Charge 1 – AR252A(1) – $1000 fine.

Penalty Charge 2 – AR254A(1)(a) – Stewards determined that the appropriate starting point for the offence under AR254A(1)(d) be a fine of $10,000. However, having regard to all relevant matters, including Mr Smith’s guilty plea, Stewards determined that Mr Smith be fined the sum of $6000.

Mr Smith was advised of his rights of appeal against the penalties imposed under AR252A(1) and AR254A(1)(a).

Consideration of the provisions under AR254A(3)

Under the provisions of AR254A(3) a horse which has been administered a product containing cobalt salts by injection may be disqualified from a race, official trial or jump-out in which it has competed.

Stewards considered the following factors when determining if any of the horses under Mr Smith’s care which had competed after being injected with Hemoplex should be disqualified from such events.

• The low level of cobalt contained within Hemoplex and the period of time in which the product was administered prior to each horse competing, which was a period of between four and six days.
• A sample obtained from the horse Charm Factor on 25 April 2023 after being injected with Hemoplex on 20 April 2023 which, when analysed, revealed a level of cobalt within normal parameters.
• The nature in which the administration of Hemoplex by Mr Smith was intended to increase recovery after track gallops as opposed to seeking an unfair advantage from the level of cobalt contained within Hemoplex.

Considering these factors Stewards determined that the provisions under AR254A(3) should not be enacted and the horses under Mr Smith’s care which had been injected with Hemoplex and subsequently competed should not be disqualified from their respective races.

Relevant Rules:

AR 252A Possession of injectable products containing cobalt salts

• A person must not have in his or her possession, or on his or her premises, any injectable product which contains cobalt salts.

AR254A administration of cobalt salts by injection

(1) A person must not:

               (a) Administer a product containing cobalt salts to horse by injection.

 AR 254A Administration of cobalt salts by injection

 (3) If a horse has been administered a product containing cobalt salts by injection, but the horse competes in a race, official trial or jump-out, the horse may be disqualified from that race, official trial or jump-out.