Thoroughbred stewards’ inquiry – trainer Ken Nightingale (Fair Grace)
Racing and Wagering Western Australia stewards conducted an inquiry on 18 January 2024 into reports received from the ChemCentre in Perth and Racing Analytical Services Limited (Vic), that the sample taken from Fair Grace following it racing in, and winning, Race 3 at Laverton on 29 October 2023 was found to contain the prohibited substance lignocaine.
At the inquiry evidence was heard from:
- Chem Centre representative – Dr N Beckett
- RWWA Regulatory Veterinarian – Dr C McMullen
- Trainer of FAIR GRACE – Mr K Nightingale
- Licensed Trainer – Mr John Reynolds (who had been nominated via a Trainer’s authority to act on his behalf for that meeting)
- Stablehand – Mr Jack Reynolds (who attended to the horse in the days leading up to and on race day)
Mr Nightingale subsequently pleaded guilty to the charge issued under Rule 240 (2) with the particulars being that he was “the licensed trainer of Fair Grace when it was brought to race at Laverton on 29 October 2023, where it raced and won Race 3, with the prohibited substance Lignocaine, being a prohibited list B substance, being detected in the sample.”
After adjourning to consider submissions made on penalty, stewards determined on 24 January 2024 to impose a fine of $2,500 for this offence.
In addition, acting under Rule 240 (2), stewards determined to disqualify Fair Grace from the race in question with the placings to be amended accordingly with the commensurate implications to all stake money and payments to apply.
When determining penalty, stewards considered, among other things:
- Mr Nightingale’s plea of guilty and that this was his first offence after many years of licensed involvement.
- That the inquiry could not establish when, why or what the source of the lignocaine detected in Fair Grace was and that this rule did not require of the stewards to do so.
- That as that trainer, Mr Nightingale remained responsible for the presentation of the horse in accordance with the rules even though he had given authority for others to act on his behalf.
- The nature of the substances detected, which was a local anaesthetic agent having pain de-sensitising properties and being of a therapeutic nature.
- The intent and purpose of the Rule, which was directed to ensuring a level playing field, the welfare of the horses and maintaining the necessary confidence of those supporting or involved in the racing industry.
- Precedence in past cases involving this substance.