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Racing NSW Stewards have inquired into an analyst's finding of flunixin in a blood sample obtained from Blue Bayou prior to the mare finishing fifth in Race 4 (Tooheys Extra Dry Class 1 Showcase Handicap, 1100m) at Gundagai on Friday, 15 November 2024.

Evidence was taken from licenced trainer Keith Dryden, stable foreperson Ms Libby Snowden and evidence was taken from John Keledjian – General Manager Australian Racing Forensic Laboratory (ARFL) and Dr Ellie Merritt – Racing NSW Official Veterinary & Welfare Officer.

The following facts were established during the inquiry:

1) On the morning of 10 November 2024, stable foreperson Miss Libby Snowden observed Blue Bayou to be showing signs of colic and subsequently administered intravenously 10ml flunixin to the mare, such administration being given 5 days prior to the mare racing on 15 November 2024.
2) The advice held and referred to by the stable in respect to the detection times of flunixin was dated.
3) Veterinary advice was not sought at the relevant time by the stable in respect to the administration of flunixin to Blue Bayou on 10 November 2024.
4) The level of flunixin detected in the sample by the Australian Racing Forensic Laboratory was low.

Charge AR240(2)

Mr Dryden subsequently pleaded guilty to a breach of AR240(2) of presenting Blue Bayou at Gundagai Racecourse on 15 November 2024 for the purpose of engaging in Race 4 (Tooheys Extra Dry Class 1 Showcase Handicap, 1100m) when a prohibited substance, namely flunixin, was detected in the blood sample taken from the mare prior to the event.

Penalty

In considering the matter of penalty Stewards took into account the following:

1) Mr Dryden’s guilty plea.
2) Mr Dryden’s second breach of the Rule in 54 years of training.
3) The significant scale of his stable operation and number of runners.
4) The low level of detection.
5) The principles of specific and general deterrence and what message is sent to the industry.
6) The purpose of issuing penalties as a protective measure for the image and interests of the Thoroughbred Racing Industry.
7) The circumstances of the administration of the substance.

Whilst Stewards believed the starting point for the breach under AR240(2) was a fine in the sum of $6000, taking into consideration Mr Dryden’s guilty plea and other matters including that this was only his second breach of the Rule over a very lengthy training career and the scale of his operation and number of runners, the Stewards imposed a fine in the sum of $4000.

Mr Dryden was advised of his right of appeal.

Stewards acting under the powers of AR240(1), disqualified Blue Bayou from its fifth placing in the aforementioned event and amended the placings to:

1st - Dolly
2nd - Fighting Zed
3rd - Missy No Nay
4th - Sydney Gal
5th - Commandoro
6th - Rowdy Anthem
7th - Rocket Rudee
8th - Wandjina Gal

Mr Dryden, who also represented the interests of the owners in respect to the decision of Stewards to disqualify Blue Bayou from its fifth placing under the provisions of AR240(1) was advised of the appeal right in respect to this decision.

- J.D. Walshe (Chief Steward, South East Region – Racing NSW & Canberra Racing Club)

Relevant Rules

AR 240 Prohibited substance in sample taken from horse at race meeting

(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.