Thoroughbred stewards’ inquiry update – trainer Brock Lewthwaite
Racing and Wagering Western Australia stewards yesterday issued their determination with respect to penalty following the stewards’ decision to find thoroughbred trainer Brock Lewthwaite guilty to a breach of Rule 240 (2) where the particulars of the charge were:
“That Mr Brock Lewthwaite was the licensed trainer of Star Present when it was brought to race at Ascot on 9 April 2022, where it raced in Race 4, with the prohibited substances testosterone and boldenone, being Prohibited List A substances, being detected in the sample taken from that mare.”
The inquiry into this matter commenced on 8 July 2022 and progressed through several sittings, the last of which was 8 March 2023 where submissions with respect to penalty were heard. The matter was then adjourned to allow counsel for Mr Lewthwaite to submit further documentary submissions, received on 23 March 2023
After considering all of the submission and materials, the panel determined the appropriate penalty to be a disqualification of 10 months, backdated to commence 20 February 2023, the date Mr Lewthwaite’s training licence was suspended. This penalty will therefore expire midnight, 19 December 2023.
In assessing penalty stewards considered, among other things:
- Mr Lewthwaite’s personal circumstances, that this was his first offence in relation to prohibited substances and that he relied on the industry for his livelihood.
- The intent and purpose of the rule in question, which was fundamental to maintaining the integrity of the industry and in doing so the confidence of those that participate in it or otherwise support it.
- The nature of the substances involved, being Prohibited List A substances, effectively permanently banned.
- In this instance, although two substances were detected (testosterone and boldenone), the evidence established that the boldenone present in the sample analysed could be considered to be the metabolite of testosterone.
- The overall seriousness of the presence of these substances in an animal that has raced.
- The range of penalties imposed in relation to anabolic androgenic steroid detections since they were made permanently banned in 2014, all of which resulted in periods of disqualification.
An appeal in relation to this matter has been lodged with the Racing Penalties Appeals Tribunal by counsel for Mr Lewthwaite which is to be listed and heard on a date to be determined. No stay of proceedings applies at this time.
A hearing to consider Rules AR240, AR242(b) and AR248(4) and the potential disqualification of Star Present from the race in question and other races since the taking of the sample in question, is listed for Monday 24 April 2023, a date when the managing owner, who resides overseas, was available to participate, as requested.