Harness Stewards Inquiry – Trainer Mr P Duggan (BEAT THE BANK)
Racing and Wagering Western Australia (RWWA) Stewards have concluded an inquiry into reports received from the ChemCentre that Arsenic in excess of the threshold of 0.30ug/ml had been detected in the post-race urine sample taken from BEAT THE BANK (trained by Mr P Duggan) following it competing in and winning Race 5 at Collie on 28 November 2021.
Evidence was heard from ChemCentre Analyst Ms E Cook, RWWA Senior Investigator Mr G Johnson, RWWA Industry Veterinarian Dr C McMullen in addition to receiving submissions from Mr Duggan.
Mr Duggan subsequently pleaded guilty to the following charges:
Charge 1 – HRR 190(2) Presentation free of prohibited substances
Particulars:
That as the licensed trainer he brought and presented BEAT THE BANK for the purposes of participating in Race 5 at Collie on 28th November 2021 where it raced and finished 1st, with the prohibited substance Arsenic being detected in a post-race urine sample taken from it in excess of 0.30 micrograms per millilitre.
Charge 2 – HRR 190B(1)
Particulars:
Mr Duggan did fail to comply with the provisions of rule 190(1)(b) in that he did not keep and maintain a log book recording details of treatment administered to horses in his care
After considering submissions on penalty, the Stewards determined to impose:
Charge 1 – a fine of $2000 with $1000 of this fine being suspended for a period of 12 months on the condition that Mr Duggan does not breach HRR 190(2) in relation to the detection of Arsenic within that period.
Charge 2 – a fine of $300.
Acting under HRR 195 Stewards have also determined to disqualify BEAT THE BANK from the race in question with the placings to be amended accordingly with the commensurate implications to all stake money and payments to apply.
In determining penalty Stewards took into account several factors including:
- Mr Duggan’s guilty plea, personal circumstances including his lengthy involvement in the Harness racing industry.
- Mr Duggan’s prior unblemished record under this rule.
- That the Stewards were satisfied that the reported arsenic level was likely due to the gelding ingesting CCA treated timber poles at the property.
- Previous warnings to participants that future action taken by Stewards, in matters relation to the presentation of horses with Arsenic levels which exceed the threshold, may result in penalties being imposed, regardless of any evidence relating to the ingestion of CCA treated timber products.
- Despite warnings being issued for offences in relation to the detection of Arsenic are continuing to occur, and there was now a need for penalties to be in place to further encourage all trainers to take the appropriate cautions to prevent horses exceeding the threshold for this substance. In this regard trainers are again reminded to take all necessary steps to avoid horses being exposed to ingestion of CCA treated timber or other products which may contain Arsenic.