Harness stewards’ inquiry – trainer Eric Chabros (Cherry on the Cake)

Racing and Wagering Western Australia stewards have concluded the inquiry in relation to the report received from the Chem Centre in Perth that phenylbutazone was detected in the sample taken from Cherry on the Cake following it competing in and winning Race 9 at Gloucester Park on 20 June 2023.

At the inquiry conducted on 12 October 2023, evidence was heard from:

• RWWA Head of Veterinary Services Dr J Medd.
• Chem Centre Analyst E Cook.
• RWWA Senior Investigator A Walton.
• Trainer of Cherry on the Cake E Chabros.

Mr Chabros subsequently pleaded guilty to the charges as listed below and, after reserving their decision on the question of penalty, the panel determined to impose the fines as set out (totalling $7250).

As provided by Harness Rule of Racing 195, Cherry on the Cake was also disqualified from the race in question with the placings to be amended accordingly and relevant implications to all prize money to apply.

In determination of appropriate penalty stewards considered, among other things:

• Mr Chabros’ unblemished record over many years of licensed involvement.
• His co-operation and forthright manner including his evidence with respect to his use of phenylbutazone some days prior to the race, thus affording some level of mitigation with regard to an explanation for the detection.
• His immediate and unreserved pleas of guilty to all charges.
• That the level detected was low relative to the published screening limit.
• The nature of the substance detected and its potential actions and effects as a therapeutic agent.
• Past penalties issued in relation to phenylbutazone and other similar therapeutic substances.
• The need for substances to be obtained and used in accordance with prescribed requirements, which includes veterinary prescription.
• The long-established requirement for trainers to have and maintain a log book recording details of treatments administered to any horse in their care.
• The potential for such offences to negatively impact the perception and confidence of those vital to the sustainability of the racing

Charges and penalties

Charge 1. Harness Rule of Racing (HRR) 190 (1), (2) & (4) Presentation free of prohibited substances

Particulars of the charge being that Mr Chabros, as the trainer, presented Cherry on the Cake to race in Race 9 at Gloucester Park on 20 June 2023, where it raced and finished first, not free of the prohibited substance phenylbutazone.

Penalty – $5000 fine

Charge 2. HRR 190B (1) (b) Log Book

Particulars of the charge being that Mr Chabros did fail to comply with the provisions of rule 190B (1) (b) in that he did not keep and maintain a log book recording all details of treatment administered to horses in his care.

Penalty – $750 fine

Charge 3. HRR 194 (c) Unregistered substances

Particulars of the charge being that Mr Chabros did administer the prescription-only medication phenylbutazone, by way of oral paste, to Cherry on the Cake without it being prescribed in compliance with relevant legislation.

Penalty – $1500 fine

Total amount of fines being $7250.