Thoroughbred Stewards Inquiry Trainer Mr Lou Luciani
RWWA Stewards yesterday concluded the adjourned inquiry into a report received from the ChemCentre in Perth, that arsenic in excess of the threshold value being 0.30 mg/L in urine, was detected in the urine sample taken from MURRAY THE BULLDOG after it competed in and won Race 7 at Pinjarra on 3 June, 2018.
The inquiry commenced on 20 July 2018 where evidence was taken from RWWA Veterinarian Dr. Judith Medd, Stewards Compliance Officer Mrs Freya Bennett, ChemCentre Analyst Ms Kelly Wilson and the trainer Mr Lou Luciani.
Mr Luciani was charged under the provisions of ARR178, with the particulars being; as the trainer of MURRAY THE BULLDOG Mr Luciani brought the gelding to compete in the above race with the prohibited substance arsenic being detected in the post-race urine sample taken from it.
Mr Luciani subsequently pleaded not guilty to the charge and Stewards then adjourned the inquiry to consider the matter. On 30 July 2018, Mr Luciani was notified that he was found guilty of the charge and that submissions would be taken from him in relation to penalty.
Stewards were satisfied that the detection of arsenic in the urine sample taken from MURRAY THE BULLDOG arose through environmental contamination caused by exposure to CCA treated timber which was extensively used in yards at Mr Luciani’s property at the time, as evidenced, during an inspection by RWWA officials’. Further analytical evidence also assisted in such finding.
The matter had been adjourned pending considerations before Racing Australia with regard to the existing arsenic threshold prescribed with the rules, and the mandatory provisions of Rule AR177 and HR195 which state that a horse must be disqualified from any race if a prohibited substance is detected.
The outcomes of those considerations were published by RWWA on 19 December 2018 (refer to media release of that date).
Stewards determined to record a conviction against Mr Luciani under ARR178, however no penalty in terms of a fine, suspension or disqualification was imposed against him after full consideration of all of the circumstances involved, particularly that:
- Mr Luciani had taken measures to mitigate the risk of horses stabled at his property being exposed to arsenic through CCA treated timber and that he has since made significant alterations to his property to entirely prevent environmental contamination in the future
- Previous cases of a similar nature where it was also established that environmental contamination was responsible for arsenic being detected above the threshold level with no penalties being issued against the trainers
- Mr Luciani’s good record over many years
Further, under the provisions of ARR 177, MURRAY THE BULLDOG was disqualified as the winner of the above race and placings were amended accordingly.