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Racing NSW Stewards have concluded an inquiry into the certification from the National Measurement Institute (NMI) and Racing Analytical Services Limited (RASL) of cobalt above the threshold, in a urine sample taken from Beautiful Bee following the mare winning Race 2 (Benchmark 50 Handicap, 950m) conducted at Berrigan on Saturday, 20 August 2022.

The inquiry was opened on 29 August 2023 where evidence was taken from Mr Russell Osborne, the trainer of Beautiful Bee at all relevant times prior to the mare competing in the above stated race.

Mr Osborne was assisted during the inquiry by Mr Peter McMillan (Peter McMillan Consulting). Evidence was also taken from veterinarian Dr Caroline Duddy, Dr Derek Major (Derek Major Consulting), Dr Peter Huntington (Equine Veterinarian & Nutritionist), Racing NSW Chief Veterinary Officer, Dr Peter Curl and Australian Racing   Forensic Laboratory General Manager, Mr John Keledjian.

A comprehensive exhibits bundle was also tendered into evidence.

The evidence disclosed the following:

• Having received initial advice from the Analyst in respect of the detection of cobalt on screening at a concentration above the level excepted under the Rules of Racing, Stewards conducted an unannounced stable inspection of Mr Osborne’s stables on 5 October 2022.
• During the stable inspection, which was unable to identify any obvious source of the elevated cobalt level detected in the urine sample taken from Beautiful Bee, several feed items, additives and medications were collected and forwarded to the National Measurement Institute (NMI) for testing.
• Stewards subsequently received the certified findings of NMI on 24 October 2022 identifying the cobalt levels in the various feed items, additives and medications that were submitted for testing.
• NMI reported the level of cobalt detected in the cracked maize submitted for testing was 11mg/kg. It was subsequently established that this level was significantly higher than the level of cobalt generally detected in maize.
• Having regard to the evidence presented by Mr Osborne, including the evidence of Dr Major and Dr Huntington, Stewards found that the possible explanation for the detection of cobalt in the urine sample taken from Beautiful Bee was due to the feeding of cracked maize with elevated levels of cobalt.
• The difficulty in being able to arrive at a more definitive finding was due to the fact that some 46 days had elapsed between the day upon which Beautiful Bee had raced at Berrigan and when the feed sources, including cracked maize, had been collected by Stewards during the stable inspection and submitted for testing.

Charge – AR240(2)

The details of the charge being that licensed trainer, Mr Russell Osborne, did breach AR240(2) by reason of the following matters.

1. He is a licensed trainer with Racing Victoria and was the trainer of Beautiful Bee when the mare was brought to Berrigan racecourse on 20 August 2022 for the purpose of participating in Race 2 Benchmark 50 Handicap over 950m.
2. Following running in Race 2, post-race urine sample N264598 was taken from Beautiful Bee.
3. Cobalt was certified in sample N264598 when analyzed by two Official Racing Laboratories namely, the National Measurement Institute at a level of 206ug/L and Racing Analytical Services Ltd at a level of 200ug/L. Such levels being in excess of 100ug/L, the threshold excepted under Schedule 1, Part 2, Division 3 – Prohibited List B thresholds, part
4. Cobalt is a prohibited substance as it:
   1. Either directly or indirectly has an action and/or effect on the nervous system, the musculo-skeletal system, the endocrine system and the blood Such substances prohibited under Schedule 1, Part 2, Division 1 – Prohibited List B, parts 1(a), 1(e), 1(f), and 1(i)
   2. Is categorized as a haematopoietic Such substances prohibited under Schedule 1, Part 2, Division 1 – Prohibited List B, part 2(pp).

Plea: Guilty

After taking submissions on penalty, which included racing appeal judgements relating to various cobalt cases where special circumstances were found to exist, as well as personal references, Stewards adjourned the inquiry to consider the matter of penalty.

Penalty

Racing NSW Stewards have today (19 September) handed down their findings in respect of the penalty. In assessing penalty Stewards were satisfied that this case did not warrant a period of disqualification as had been the majority of precedent penalties in NSW for cobalt related offences. In arriving at this determination, the Stewards were satisfied that the cobalt finding was not due to the intentional administration of cobalt to Beautiful Bee either through supplementation or any unregistered product.

Stewards also considered the following:

• Mr Osborne’s guilty plea and full co-operation with the Stewards’ investigation
• His personal and professional circumstances
• Mr Osborne’s exemplary disciplinary record and his good standing in the racing industry as evidenced by the references provided by persons involved in various sectors of the thoroughbred racing industry
• The possibility of cracked maize, with a high level of cobalt, being the source of the Analyst’s findings
• Purpose of issuing penalties as a protective measure for the integrity of the thoroughbred racing industry

Mr Osborne’s trainers’ licence was suspended for a period of 3 months, reduced from 4 months for his guilty plea. Under the provisions of AR283(7), Stewards deferred the commencement of the suspension until 26 September 2023 and to expire on 26 December 2023.

In accordance with the provisions of AR240(1) Beautiful Bee was disqualified from its 1^st placing in Race 2 (Benchmark 50 Handicap, 950m) conducted at the Berrigan race meeting on Saturday, 20 August 2022 with the placings amended as follows:

Relevant Rules:

Division 2 – Prohibited substance in a sample taken from a horse AR 240 Prohibited substance in sample taken from horse at race meeting

• 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 

• 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

Division 3 – Prohibited List B thresholds

11. Cobalt at a mass concentration of 100 micrograms per litre in urine or 25 micrograms per litre in plasma.