Harness stewards’ inquiry – Trainer Mr Phil Duggan (Beat The Bank)
Racing and Wagering Western Australia (RWWA) stewards concluded the inquiry into the report received from the ChemCentre in Perth that arsenic in excess of the threshold of 0.30 micrograms per millilitre in urine had been detected in the post-race urine sample taken from Beat The Bank, trained by Mr P Duggan, after it competed in and won race five at Pinjarra on 17 October 2022.
Evidence was heard/tabled from Mr Duggan, ChemCentre representative Dr B Dorakumbura, RWWA Industry Veterinarian Dr C McMullen and RWWA Senior Investigator Mr A Walton.
At the inquiry Mr Duggan pleaded guilty to the following charge:
Charge – HRR190 (1), (2) (4) with the particulars being;
“That you Mr Phillip Duggan, as the trainer, presented Beat The Bank to race at Pinjarra on 17 October 2022, where the gelding raced and won race five, not free of the prohibited substance as evidenced by a concentration of arsenic above 0.30 micrograms per millilitre in urine being detected in a post-race urine sample taken from Beat The Bank.”
Penalty:
After considering penalty, stewards determined to impose a fine of $3000 and a suspension of Mr Duggan’s licence until such time as he can demonstrate to the satisfaction of the stewards that appropriate measures are in place to address the foreseeable risk of horses at his training establishment being exposed to potential sources of arsenic from CCA treated timbers.
Pursuant to HRR195, Beat The Bank was disqualified from the race in question with placings to be amended accordingly with the commensurate implications to all stake money to apply.
Further, on 13 January 2022, Mr Duggan had previously pleaded guilty to a charge under HRR 190 for presenting Beat The Bank to race not free of the prohibited substance arsenic at Collie race meeting held on 28 November 2021. On that occasion Mr Duggan was fined the sum of $2000 with $1000 being suspended for twelve (12) months on the condition that he did not breach HRR 190 in relation to the detection of arsenic within that period. As this current matter falls within the twelve (12) month period, the suspended amount of $1000 is now activated and payable.
In determining penalty, stewards took into account several factors including;
- Mr Duggan’s personal circumstances.
- Mr Duggan’s plea of guilt and cooperation throughout the inquiry.
- That in January 2022 Mr Duggan had pleaded guilty to the same charge in relation to his horse Beat The Bank which had also returned a reading of arsenic above the threshold which was attributed to most likely being the result of ingestion of CCA treated timbers.
- That the stewards were satisfied that the reported level of arsenic was likely to have arisen again due to ingestion of CCA treated wooden poles at the property.
- Past cases in relation to arsenic and the need to issue a penalty of suitable deterrence both general and specific that serves to promote appropriate measures to respond to this known issue relating to CCA timbers in training environments for which several warnings have been issued.
As previously advised, trainers are obliged to take adequate measures in response to the now well publicised risks involving horses having access to CCA treated pine timber products or any other product that could present a similar risk of causing an elevated level beyond the threshold.