Thoroughbred – Update Stewards Inquiry – Trainer Brock Lewthwaite
Racing and Wagering Western Australia stewards resumed the inquiry concerning Brock Lewthwaite on September 5th. Submissions were heard regarding an application for adjournment to seek independent advice and additional factual and veterinary evidence 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 following it competing in and winning Race 4 at Ascot on 9 April 2022.
Leave was granted for Mr Lewthwaite to be assisted by Tom Percy QC in view of the technical and scientific nature of the matters likely to be considered and explored.
A plea of not guilty to the charge issued on 8 July 2022 under AR 240 (2) was confirmed.
After hearing submissions, the stewards resolved to grant an adjournment for a period of one month in order for expert evidence in the matter to be assembled and presented in support of the plea of not guilty.
In granting the adjournment the stewards considered, among other things.
- Submissions made in support of the application for adjournment.
- Attempts already made to secure expert veterinary witnesses by counsel for Mr Lewthwaite.
- Principles of natural justice and procedural fairness that require that a person be given every reasonable opportunity to be heard and present evidence in support of their plea.
Accordingly, a tentative date for resumption was set for 17 October 2022.
At the request of the managing owner, the panel considered the current exclusion of Star Present from any race or trial, however given the nature of the substances detected as confirmed by both laboratories and various rules pertaining to the detection of such substances [including AR 240 (1), 242 (b) & AR248 (4)] the panel determined not to remove the exclusion at this time.