Harness Stewards Inquiry Trainer Mr Terry Ferguson
On Monday 25 February 2019, RWWA Stewards conducted an inquiry into the reports received from the ChemCentre in Perth that arsenic in excess of the threshold of 0.3ug/mL in urine had been detected in the following samples taken from horses trained by Harness trainer Mr Terry Ferguson.
• BETTOR COPAGOODONE taken at Pinjarra, Race 1 on 2 April 2018
• LIFE’S DELIGHT taken at Pinjarra, Race 7 on 16 April 2018
• CAPTURED DELIGHT taken at Pinjarra Race 8 on 30 April 2018
• ROCKNROLL BEACHBOY taken at Bunbury Race 3 on 17 July 2018
Evidence was heard/tabled from ChemCentre representative Ms K. Wilson, RWWA Senior Investigator Mr. G Johnson and RWWA Industry Veterinarian Dr. J Medd.
At the inquiry Mr Ferguson pleaded guilty to the following charges:
Charge 1 – HRR190 (1), (2) with the particulars being; that you as the trainer brought BETTOR COPAGOODONE to race in Race 1 at Pinjarra on 2 April 2018 where it raced and finished first with the prohibited substance arsenic present within the horse, evidenced by a concentration of arsenic in excess of 0.30 microgram per millilitre in urine.
Charge 2 – HRR190 (1), (2) with the particulars being; that you as the trainer brought LIFE’S DELIGHT to race on 16 April 2018 where it raced and finished first with the prohibited substance arsenic present within the horse, evidenced by a concentration of arsenic in excess of 0.30 microgram per millilitre in urine.
Charge 3 – HRR190 (1), (2) with the particulars being; that you as the trainer brought CAPTURED DELIGHT to race on 30 April 2018 where it raced and finished first with the prohibited substance arsenic present within the horse, evidenced by a concentration of arsenic in excess of 0.30 microgram per millilitre in urine.
Charge 4 – HRR190 (1), (2) with the particulars being; that you as the trainer brought ROCKNROLL BEACHBOY to race on 17 July 2018 where it raced and finished first with the prohibited substance arsenic present within the horse, evidenced by a concentration of arsenic in excess of 0.30 microgram per millilitre in urine.
Charge 5 – HRR190B with the particulars being; that you failed to maintain records of treatment for horses in your care as required by the rule (190B) as evidenced by your failure to records the treatment of Jurocyl as indicated by you.
After adjourning the inquiry to consider the matter of penalty, Stewards determined to impose the following with respect to the charges.
Charge 1 – $2,000 fine
Charge 2 – $2,000 fine reduced to $500 for the reasons indicated
Charge 3 – $2,000 fine reduced to $500 for the reasons indicated
Charge 4 – $1,500 fine.
Charge 5 – $300 fine.
The total fine applicable is $4,800.
Further, pursuant to HRR195, BETTOR COPAGOODONE, LIFES DELIGHT, CAPTURED DELIGHT AND ROCKNROLL BEACHBOY are disqualified from the races in question with placings to be amended accordingly with the commensurate implications to all stake money to apply.
In determining penalty Stewards took into account several factors including;
- Mr Ferguson’s co-operation, professional conduct and acknowledgement of all offences by way of his guilty plea.
- His prior unblemished record over many years of extensive licensed involvement.
- That with respect to charges 1, 2 and 3, the evidence indicated that administration of Jurocyl at a time less than that recommended for withdrawal prior to competition was the major contributor to the reported levels which were greater than that seen in other cases where Stewards had determined that exposure to CCA treated timbers was the most likely reason for the levels.
- At the time Mr Ferguson was made aware of the notice of irregularity with respect to BETTORCOPAGOODONE on 2 May 2019 LIFES DELIGHT and CAPTURED DELIGHT had already raced. Therefore he did not have prior awareness that he may need to adjust his treatment regimes. Accordingly it was appropriate to apply a discount for Charges 2 and 3.
- That with respect to Charge 4, whilst there was no evidence of Jurocyl administration at any relevant time, given the reported level and all other evidence the Stewards were not comfortably satisfied that exposure to environmental sources was the likely reason for the reported level.
- Previous penalties issued in similar circumstances.