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Licensed Trainer Michael Freedman Fined $12,000

Racing NSW Stewards today conducted an inquiry into the analyst's finding of trendione, trenbolone and epitrenbolone being detected in a urine sample taken from Spirit of Wealth after winning the 3YO Benchmark 68 Handicap at the Warwick Farm race meeting on 25 September 2024.

Evidence today was taken from Mr Michael Freedman, the trainer of Spirit of Wealth, licensed stablehand Mr Ben Smith, Racing NSW Chief Veterinary Officer Dr Carly Garling and ARFL General Manager Mr John Keledjian.

Background
The evidence established the following:

1. In June 2018 Racing NSW provided notification to the racing industry in respect to the detection of trace levels of the anabolic steroid trendione and/or trenbolone in certain batches of veterinary prescription animal remedies containing the progestogen altrenogest, used to control the cyclical activity of fillies and mares. Racing NSW advised that, until further notice, trainers in NSW should not administer injectable products containing altrenogest at any time. Further, trainers were advised they should not use oral altrenogest containing products within one clear day of racing and that these registered products must be used in accordance with the relevant manufacturer’s guidelines.

2. During an unannounced stable inspection conducted by Racing NSW officials on 29 October 2024, it was found that Spirit of Wealth was being administered 10ml of oral Readyserve (containing altrenogest) daily. Readyserve is a registered product specifically manufactured for use in horses. The administration of this registered product was in accordance with notification issued by Racing NSW as well as the veterinary advice relied upon by Mr Freedman.

3. Senior stablehand Mr Ben Smith, who is responsible for such administrations, confirmed the last administration of Readyserve he administered to Spirit of Wealth was on the morning of 23 September 2024, one clear day prior to the filly racing. Treatment records obtained during the stable inspection aligned with this advice.

4. Stewards were unable to conclusively determine the reasons for the prohibited substances being detected but having regard to the evidence were satisfied that such finding was not due to the administration of an anabolic steroid and was most likely due to the ingestion of an altrenogest containing substance.

Charge
Stewards gave careful consideration to which of the prohibited substance Rules of Racing should be applied and considered that, given the circumstances of the matter and having regard to the veterinary and scientific evidence, AR240(2) was the Rule of Racing that most appropriately reflected the relevant conduct.

Mr Freedman pleaded guilty to the following offence.

AR240(2) – Presenting a horse to race with a prohibited substance detected

The details of the charge being that he did present Spirit of Wealth to race in the 3YO Benchmark 68 Handicap at Warwick Farm on 25 September 2024 and a post-race urine sample taken from Spirit of Wealth was found to contain the prohibited substances trendione, trenbolone and epitrenbolone.

Penalty
Stewards considered the following matters in respect to penalty.

1. Notifications issued by Racing NSW in respect to the use of altrenogest products.
2. The nature of the substances detected, being listed on prohibited substance List A.
3. Guilty plea and co-operation with Racing NSW officials during the investigation.
4. Personal and professional circumstances.
5. Good disciplinary record.
6. Principles applied by Stewards when issuing penalties.
7. Precedent penalties.

Stewards determined the starting point for the offence under AR240(2) was a fine of $12,000. Having regard to the circumstances of this case as well as the mitigating factors detailed above, including a guilty plea, Stewards determined the appropriate penalty was a $9,000 fine.

Spirit of Wealth
Stewards, acting under the powers of AR240(1), disqualified Spirit of Wealth from its first placing and amended the placings as follows:

1st - Concordia Wind
2nd - Deconstruction
3rd - Good Sort
4th - Wave Breaker
5th - Gai’s Artist

Stewards deferred their consideration regarding the eligibility of Spirit of Wealth under the terms of AR248(4) to provide the owners of the filly the opportunity to make submissions as to why the Stewards should not invoke the provisions of that Rule of Racing.

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

(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.
(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 248 Administration of anabolic androgenic steroids and selective androgen receptor modulators
(4) If a sample taken at any time from a horse has detected in it an anabolic androgenic steroid and/or a selective androgen receptor modulator, the horse is not permitted to start in any race, official trial or jump-out:
(a) for a period of not less than 12 months from the date of collection of the sample; and
(b) until after an Anabolic Androgenic Steroid Clearing Certificate and/or a Selective Androgen Receptor Modulator Clearing Certificate, as the case may be, is provided in respect of a sample taken from the horse on a date directed by a PRA or the Stewards.

- S.G. Railton (Racing NSW - Chairman of Stewards)

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