Harness stewards’ inquiry – trainer Cosimo (Charlie) Luca (Galvinston John)
Racing and Wagering Western Australia (RWWA) stewards conducted an inquiry on 21 December 2023 into reports received from the ChemCentre (Perth) and Racing Analytical Service Limited (Vic) that the sample taken from Galvinston John following it racing in, and winning, Race 3 at Pinjarra on 19 December 2022 was found to contain the prohibited substances:
- Cobalt at a concentration in excess of 100μg/L. (By virtue of Rule 188A(2), cobalt at a concentration greater than 100 micrograms per litre in urine is considered to be a prohibited substance)
- Dexamethasone
- Heptaminol
At the inquiry, evidence was heard from ChemCentre representative Miss E Cook, RWWA Head of Veterinary Services Dr J Medd and RWWA Senior Investigator Mr A Walton, with Mr Luca pleading guilty to the charges outlined below. The matter was adjourned after hearing submissions in relation to penalty, with the panel determining to impose the penalties as set out below on 4 January 2024.
Charge 1
HR190 (1) & (2) with the particulars being that Mr Luca as the licensed trainer presented Galvinston John to race in Race 3 at Pinjarra on 19 December 2022 where it raced and finished first, 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.
Penalty – 9-month disqualification effective as of 14 December 2023, which was the date Mr Luca’s licence was suspended pending outcome of inquiry.
Charge 2
HR190 (1) & (2) with the particulars being that Mr Luca as the licensed trainer presented Galvinston John to race in Race 3 at Pinjarra on 19 December 2022 where it raced and finished first, not free of the prohibited substance dexamethasone.
Penalty – Fine of $5000
Charge 3
HR190 (1) & (2) with the particulars being that Mr Luca as the licensed trainer presented Galvinston John to race in Race 3 at Pinjarra on 19 December 2022 where it raced and finished first, not free of the prohibited substance heptaminol.
Penalty – Fine of $4000* (reduced to $2000 for reasons of totality as described below)
(*Taking into account principles of totality, the panel determined that in view of the imposition of disqualification, the appropriate level of fine for the two therapeutic substances detected that did not ameliorate entirely the fact that there were two other prohibited substances detected was a fine of $7000. To give effect to such outcome the penalty imposed for charge 3 was reduced to $2000.)
Further acting under Harness Rule of Racing 195, stewards determined to disqualify Galvinston John from the race in question with the placings to be amended accordingly, with commensurate implications to all stake money and payments to apply.
When determining penalty, stewards considered, among other things:
- Mr Luca’s plea of guilty to all charges.
- Mr Luca’s length and level of involvement over approximately 50 years, during which time he had incurred one previous offence of the prohibited substance rules in 1998 relating to TCO2. Given the length of time since that offence, the panel approached the determination of penalty as if he was a first offender.
- The nature of the substances detected.
- That although the reasons for the presence of the substances could not be fully established, it was apparent that the use of supplements with capability to elevate cobalt levels, and withdrawal times being used for those and the other detected substances, did not apply sufficient safety margins to prevent such detections.
- The intent and purpose of the Rule, which was directed to ensuring a level playing field and maintaining the necessary confidence of those supporting or involved in the racing industry.
- Precedence in past cases involving these substances.