Stewards Inquiry – Trainer Mr Ross Miller – DREAM TO BELIEVE
14 April, 2016
Harness
RWWA Stewards have concluded the Stewards inquiry into a report from the ChemCentre in Perth, that cobalt at a concentration in excess of 200 micrograms per litre, being the threshold prescribed in the Harness Rules of Racing, had been detected in a urine sample taken from DREAM TO BELIEVE at Northam on 16 January 2016 after it had competed in and won Race 7.
Following the adjournment granted at the request of Trainer Mr Ross Miller of the inquiry conducted on 16 March 2016, the inquiry was resumed on 11 April 2016 at which Mr Miller presented further submissions in support of his plea of not guilty to Charge 1 below. Mr Miller had previously pleaded guilty to Charge 2.
Charge 1 – Harness Rule of Racing 190 (1) & (2) with the particulars of the charge being;
Mr Miller as the trainer presented DREAM TO BELIEVE to race in Race 7 at Northam on 16 January 2016 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 200μg/L in urine.”
Charge 2 – Harness Rule of Racing 190B with the particulars of the charge being;
Mr Miller did fail to comply with the provisions of that rule in that he did not keep and maintain a compliant log book recording all details of treatment for DREAM TO BELIEVE for the prescribed period of 2-years as required by Rule 190B(5).
After considering those submissions the Stewards determined to find Mr Miller guilty and proceeded to hear submissions on the question of penalty.
After considering all matters the Stewards determined on 13 April 2016 to impose the following penalties:
- Charge 1 – Disqualification of 12-months, backdated to commence as of 3 March 2016 that being the date upon Mr Miller was stood down by Stewards pending the outcome of this matter.
- Charge 2 – Fine $300.
In regards to penalty the Stewards considered amongst other things:
- Mr Millers personal circumstances and that he had been involved in the industry for over 40-years and had an unblemished record.
- Mr Miller’s level of involvement in the industry which was at the hobby level as he did not depend on harness racing for his livelihood and trained only a small number of horses.
- The levels involved which were 270μg/L (Chem Centre) and 246μg/L (NMI) and not considered to be extreme.
- The seriousness of the offence and the panel’s view that a starting point of penalty for offence of this nature for levels as apply in the present case was a period of disqualification of no less than two years subject to individual circumstances and mitigations that may apply.
- That the evidence from Mr Miller with regard to use of routine propriety formulations containing various levels of cobalt in explanation for the readings was not found to satisfactorily account for the reported levels.
- That the offence was one of ‘presentation’ as opposed to ‘administration’.
- Penalties issued in WA and other jurisdictions in relation to this prohibited substance.
- The need for deterrence both general and specific.
Pursuant to Rule 195 DREAM TO BELIEVE was also disqualified from the race in question with the placings to be amended accordingly with commensurate effect to prize monies to apply.
Media Contact:
Denis Borovica – General Manager Racing Integrity
Ph: 9445 5427
denis.borovica@rwwa.com.au