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Racing NSW Stewards today inquired into analyst’s findings relative to a blood sample obtained from Dollywood prior to that gelding’s last (of 11) placing in Race 4 (JCF Contracting Country Boosted Maiden Plate, 1500m) conducted at Goulburn on 5 June 2023.

Evidence was taken from licenced trainer Joe Cleary and evidence was obtained via teleconference from both, John Keledjian – General Manager of the Australian Racing Forensic Laboratory (ARFL), and Dr Rose Bensley – Official Veterinarian and Welfare Officer Racing NSW.

Charge 1

Mr Joe Cleary pleaded guilty to a breach of AR240(2) in that, being the trainer of the racehorse Dollywood at all relevant times leading up to and including 5 June 2023, he did bring Dollywood to Goulburn Racecourse on 5 June 2023 for the purpose of participating in Race 4 (JCF Contracting Country Boosted Maiden Plate, 1500m) and a prohibited substance, namely Meloxicam was detected in a sample taken prior to Dollywood running in the abovementioned race.

Penalty

Stewards gave consideration to the following matters when determining penalty:

1) Guilty plea
2) Mr J Cleary’s first breach of the Rule having held a trainer’s licence for 26 years.
3) The gelding's last placing in the race.
4) The principles of individual and general deterrence.
5) Precedent penalties.

Having given consideration to the matters referred to above, Stewards determined that the appropriate penalty be that Joe Cleary be fined the sum of $4,000.

Charge 2

Mr J Cleary was found guilty of a charge under AR104(6) in that after being requested by Racing NSW Stewards, he did fail to make available to Stewards his complete stable treatment records to include the relevant period of 28 May 2023 to 2 June 2023.

Penalty

In considering Mr Cleary’s submission that he had inadvertently failed to provide the treatment record referred to when the balance of the records was provided at the time of the request, Stewards issued a fine in the sum of $400.

Disqualification Dollywood AR240(1)

Stewards acting under the powers of AR240(1), disqualified Dollywood from its 11^th placing (finished last) in Race 4 - JCF Contracting Country Boosted Maiden Plate over 1500m conducted at Goulburn on 5 June 2023.

Mr Cleary was advised of his rights of appeal against the penalties imposed under AR240(2) and AR104(6) and as the representative for the owner of Dollywood at the relevant time, also in respect to the Stewards ruling to disqualify Dollywood from its 11th 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.

AR 104(6) When requested, a trainer must make available to the Stewards the record of any administration of a treatment and/or medication required under subrule (1).