Thoroughbred – stewards’ inquiry update – Trainer Brock Lewthwaite
Racing and Wagering Western Australia stewards yesterday resumed the inquiry concerning Mr Lewthwaite in relation to reports from the Chem Centre in Perth and Racing Analytical Services Ltd (Vic) that testosterone and boldenone were detected in the sample taken from Star Present after competing in and winning race four at Ascot on 9 April 2022.
At the last hearing of this matter on 5 September 2022, stewards resolved to grant an adjournment for a period of one month to allow expert evidence to be assembled and presented to support the plea of not guilty to the charge which had been issued under AR 240 (2) on 8 July 2022.
Since 5 September 2022, extensive documentary evidence of both laboratories had been provided, as requested by his legal counsel.
Due to the timing and volume of the receipt of these materials, stewards were advised that Mr Lewthwaite’s expert witness had been unable to complete his report at this time.
From submissions tendered by his counsel Tom Percy KC at the hearing yesterday, stewards were satisfied that since the provision of the requested materials from both laboratories, efforts had been made to marshal the evidence of any potential experts that may be called in order to progress the matter and avoid delay.
It was further submitted by Mr Percy KC, in requesting a further adjournment on behalf of Mr Lewthwaite, that an undertaking be made for the matter to proceed at a mutually agreed date in mid-November.
In view of the relatively short time frame of the further delay and having regard to the principles of natural justice and procedural fairness, the stewards resolved to adjourn the matter to 25 November 2022 on the understanding that the matter would then proceed under the terms agreed at yesterday’s hearing.
Stewards also indicated that should the matter not proceed on 25 November as indicated, stewards would consider invoking the provisions of AR23 and LR22 to suspend Mr Lewthwaite’s licence to train pending outcome of the matter.