Harness Stewards Inquiry – Trainer Mr Terry Ferguson (CHUMANI)
Racing and Wagering Western Australia (RWWA) Stewards have concluded an inquiry into the reports of the ChemCentre (Perth) and ARFL (Sydney) that testosterone at a concentration >40ug/mL had been detected in the post-race urine sample taken from CHUMANI, trained by Mr Terry Ferguson following it competing in and winning Race 7 at Gloucester Park on Tuesday 12 January 2021.
At the inquiry conducted on Thursday 22 April 2021, evidence was heard from ChemCentre representative Dr B. Dorakumbura, RWWA Manager Veterinary Services Dr J. Medd, and RWWA Senior Investigator Mr P. Criddle in addition to receiving submissions from Mr Ferguson.
Mr Ferguson subsequently pleaded guilty to the following charge.
HR 190 (1) (2) and (4) Presentation free of prohibited substances.
Particulars:
That you, as the licensed trainer of CHUMANI, presented that gelding to race in Race 7 at Gloucester Park on 12 January 2021 not free of the prohibited substance testosterone,
evidenced by a concentration of testosterone at a level greater than 40ug/L.
After adjourning to consider submissions on penalty, the Stewards have now determined to impose a disqualification of 12 months effective immediately.
Acting under HR 195 Stewards have determined to disqualify CHUMANI from the race in question with the placings to be amended accordingly with the commensurate implications to all stake money and payments to apply.
Further, acting under the provisions of HR 190AA (4) and HR 65, Stewards have determined to disqualify CHUMANI as the winner of Race 8 at Gloucester Park on 22 January 2021 with the placings to be amended accordingly with the commensurate implications to all stake money and payments to apply.
Pursuant to HR 190AA (4), CHUMANI will not be permitted to start in any race from the 12 January 2021 for a period of 12 months and only after an Androgenic Steroid Clearing Certificate is provided.
In determining penalty Stewards took into account several factors including:
- Mr Ferguson’s guilty plea and personal circumstances including the length and level of involvement in Harness racing.
- Mr Ferguson’s record which shows prior breaches of the prohibited substance Rules in 2019.
- The nature of the prohibited substance and that Anabolic Androgenic Steroids have been specified as prohibited substances under Rule 190AA since 2014 and effectively are permanently banned substances.
- The seriousness of horses being presented for, and competing in races with a level of testosterone above the prescribed threshold of 20 ng/mL• The negative perceptions that arise when offences of this nature occur which tarnishes the image of Harness racing being a level playing field.
- The need for all penalties to carry a suitable level of deterrence.
- Penalties issued in WA in relation to this prohibited substance.