Harness Stewards Inquiry Trainer Mr Gary Elson
At a resumed Stewards inquiry on Thursday 18 October 2018, submissions were made on the question of penalty on behalf of Mr Gary Elson following the Stewards decision to find him guilty of the following charges on 27 September 2018.
Charge 1
Rule 190 with the particulars of the charge being that Mr Elson, as the trainer, presented ARTURUS NZ to race at Gloucester Park on 3 November 2017, where it competed and finished fourth, not free of the prohibited substance cobalt, evidenced by a concentration of cobalt at a level in excess of 100 micrograms per litre in urine.
Charge 2
Rule 190 with the particulars of the charge being that Mr Elson, as the trainer, presented SCOOBYS DELIGHT to race at Gloucester Park on 4 August 2017 where it competed and won, not free of the prohibited substance cobalt, evidenced by a concentration of cobalt at a level in excess of 100 micrograms per litre in urine.
The Stewards have now completed deliberations with respect to the penalty and have determined the appropriate penalty to be as follows:
- That the appropriate penalty for each charge is a disqualification of nine months.
- That the second nine month disqualification is to be served partially concurrently and partially cumulatively with the first disqualification period.
- The first six months of the second disqualification period is to be served concurrently with the last six months of the first disqualification, with the remaining three months to be served cumulatively.
- That the commencement date for the total period of 12 months’ disqualification be backdated to commence as of 29 May 2018 to take into account the period of time that Mr Elson had been suspended since 29 November 2017, pursuant to Rule 183 pending outcome of the inquiry, so that the total period of disqualification expires on 29 May 2019.
Further, acting under Harness Rule of Racing 195 the Stewards have determined to disqualify ARTURUS NZ and SCOOBYS DELIGHT from the races in question with the placings to be amended accordingly with the commensurate implications for all stake money and payments to apply.
In determining the penalty Stewards took into account:
- Mr Elson’s long and unblemished record within the industry and co-operation at all stages of this matter.
- The nature of the substance and the seriousness of horses being presented for, and competing in races with a level of cobalt above the prescribed threshold of 100ug/L.
- The reported levels of 320ug/L and 120ug/L reported by the ChemCentre.
- Penalties issued in WA and other jurisdictions in relation to this prohibited substance.
- The need for deterrence both general and specific.
- That the panel was satisfied that the cobalt levels reported were not the result of a deliberate attempt by Mr Elson to exploit or transgress the threshold level.
The panel was also satisfied that the source of the elevated cobalt reading was in all probability the variety of supplements and the “very high level of supplementation” with “supplements containing B Vitamins, B12 and Cobalt.” Such use of supplements contrary to the widely published RWWA material warning against such practices which states, amongst other things;
- That a normal racing diet is more than sufficient to meet a horse’s nutritional requirements for cobalt and vitamin B12.
- That registered injectable cobalt supplements offer no nutritional advantages because incorporation of cobalt into the vitamin B12 molecule occurs within the horse’s gut.
- To consult with their veterinarians to ensure that their oral supplementation regimen provides only the amount of cobalt necessary to meet the scientifically established nutritional requirements of the horse for cobalt.
Whilst the threshold has been set at a level to allow for normal levels of cobalt supplementation through routine nutritional sources, trainers are advised that the administration of certain registered vitamin supplements, particularly by injection, close to racing may result in a level of cobalt in a subsequent sample that exceeds this threshold. Trainers are therefore advised to avoid the use of supplements close to racing.