Thoroughbred Stewards Inquiry – Trainer Mr Bernie Miller (SHEZA CHALMER)
Racing and Wagering Western Australia’s (RWWA) Stewards have concluded an inquiry into reports received from the Chem Centre (WA) and Racing Analytical Services Limited (RASL) (Victoria) confirming the detection of the prohibited substance Arsenic in the urine sample taken from SHEZA CHALMER, at Ascot Racecourse on Saturday 8 May 2021, after winning Race 4 on that day.
Evidence was taken from Chem Centre Analyst Ms E Cook, RWWA Compliance Officer Ms F Bennett, RWWA Industry Veterinarian Dr J Medd and Trainer Mr B Miller.
Mr Miller pleaded guilty to breaching AR 240 (2) with the particulars of the charge being that he was the licensed trainer of SHEZA CHALMER when it was brought to race at Ascot on 8 May 2021, where it raced and won Race 4 the Amelia Park Handicap with the prohibited substance Arsenic, being a Prohibited List B substance, being detected in a post-race urine sample at a concentration in excess of 0.30 milligrams per litre.
When considering the question of penalty Stewards considered, amongst other things:
- Mr Miller’s forthright manner, personal circumstances and plea of guilt.
- That the Stewards were satisfied that the reported level of Arsenic was likely to have arisen due to SHEZA CHALMER ingesting CCA treated timber poles at the property.
- Mr Miller’s near unblemished record with more than 45 years in the industry.
- Previous warnings to participants that future action taken by the Stewards, in matters relating to the presentation of horses with Arsenic levels that 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, 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.
Considering all matters the Stewards determined the appropriate penalty for this offence was a fine of $2,000, with $1,000 of this fine to be suspended for a period of 12 months on the condition that Mr Miller does not breach any of the detection of Prohibited Substance Rules in relation to the detection of Arsenic within that period. Should any further breach occur within that period the balance of the fine will be payable together with any subsequent penalty that may be issued for the further offence.
Stewards advise that this penalty precedent only applies to, and is unique to, the matter of Arsenic and its presence being due to environmental factors and is not intended to set any form of precedent for other matters or substances.
Acting under the provisions of AR 240 (1), SHEZA CHALMER was disqualified from the race in question and the Stewards directed that the placings be amended accordingly with commensurate implications for stake money.