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Racing NSW Stewards have issued the following charges against licensed trainer Benjamin Smith, subsequent to inquiries being conducted on 14 February 2019 and 12 March 2019 relative the use and supply of prohibited substances. The charges are scheduled to be heard at the Offices of Racing NSW on Tuesday, 7 May 2019.

CHARGE 1

AR 232 Failure to observe processes and directions of PRAs or Stewards

A person must not:

(i) give any evidence at an interview, investigation, inquiry, hearing and/or appeal which is false or misleading. 

Breach 1 - During an investigation being conducted by the Stewards at the Newcastle Racecourse, on 11 September 2018 at approximately 9am, in relation to the discovery of a brown bottle in his vehicle located at the Newcastle Racecourse he gave evidence in the knowledge that such evidence was false.

Breach 2 - During an inquiry being conducted by Racing NSW Stewards at the Newcastle Racecourse, on 11 September 2018 in relation to the discovery of a number of unregistered substances in his vehicle located at the Newcastle Racecourse and his residential property he gave evidence in the knowledge that such evidence was false.

CHARGE 2

AR 232 Failure to observe processes and directions of PRAs or Stewards

A person must not:

 (h) refuse or fail to attend or give evidence at an interview, investigation, inquiry, hearing or appeal when directed or requested to do so by a PRA, the Stewards or a person authorised by a PRA or the Stewards.

Refusing to give evidence at both a Stewards investigation and a Stewards inquiry conducted at Newcastle racecourse on 11 September 2018, in that he refused to provide the name of the person who had supplied 8 products to him.

CHARGE 3

AR 245 Administration of prohibited substance in sample taken from horse before/after running in race

(1) A person must not:

 (a) administer; or

 (b) cause to be administered,

a prohibited substance on Prohibited List A and/or Prohibited List B to a horse which is detected in a sample taken from the horse prior to or following the running of a race.

Administering the prohibited substance cobalt to the racehorse Iron Duke prior to the gelding racing in Race 2 – Civil Sydney Maiden Plate conducted at Newcastle 25 August 2018 which resulted in cobalt being detected above the level of 100ug/l excepted in paragraph 11 of Division 3 of the Prohibited List B in a post-race urine sample taken from the gelding following winning Race 2 – Civil Sydney Maiden Plate conducted at Newcastle 25 August 2018.

CHARGE 4

AR 240 Prohibited substance in sample taken from horse at race meeting

(2) Subject to subrule (3), if a horse is brought to a racecourse for the purpose of participating in a race and a prohibited substance on Prohibited List A and/or Prohibited List B is detected in a sample taken from the horse prior to or following its running in any race, the trainer and any other person who was in charge of the horse at any relevant time breaches these Australian Rules.

As the trainer of the racehorse Iron Duke brought Iron Duke to Newcastle racecourse on 25 August 2018 for the purpose of participating in Race 2 – Civil Sydney Maiden Plate on that day and the prohibited substance cobalt was detected above the level of 100ug/l excepted in paragraph 11 of Division 3 of the Prohibited List B in a post-race urine sample taken from the gelding following winning Race 2 – Civil Sydney Maiden Plate on that day.

CHARGE 5

AR 245 Administration of prohibited substance in sample taken from horse before/after running in race

(3) A person must not:

 (c) administer; or

 (d) cause to be administered,

a prohibited substance on Prohibited List A and/or Prohibited List B to a horse which is detected in a sample taken from the horse prior to or following the running of a race.

Administering the prohibited substance cobalt to the racehorse Elaborate prior to the gelding racing in Race 1 – Fresh-R Class 1 Handicap conducted at Wyong 26 August 2018 which resulted in cobalt being detected above the level of 100ug/l excepted in paragraph 11 of Division 3 of the Prohibited List B in a urine sample taken from the gelding following winning Race 1 – Fresh-R Class 1 Handicap conducted at Wyong 26 August 2018.

CHARGE 6

AR 240 Prohibited substance in sample taken from horse at race meeting

(4) Subject to subrule (3), if a horse is brought to a racecourse for the purpose of participating in a race and a prohibited substance on Prohibited List A and/or Prohibited List B is detected in a sample taken from the horse prior to or following its running in any race, the trainer and any other person who was in charge of the horse at any relevant time breaches these Australian Rules.

As the trainer of the racehorse Elaborate brought Elaborate to Wyong racecourse on 26 August 2018 for the purpose of participating in Race 1 – Fresh-R Class 1 Handicap on that day and the prohibited substance cobalt was detected above the level of 100ug/l excepted in paragraph 11 of Division 3 of the Prohibited List B in a post-race urine sample taken from the gelding following winning Race 1 – Fresh-R Class 1 Handicap on that day.

CHARGE 7

AR 249 Administration of medication on race day

(1) Notwithstanding the provisions set out in Schedule 1, Part 2, Division 2, a person must not, without the permission of the Stewards:

 (a) administer; or

 (b) cause to be administered,

any medication to a horse at any time on race day prior to the commencement of a race in which the horse is engaged to race. 

Causing medication namely, electrolyte paste to be administered on race day to the following horses

Breach 1 - Dream Charge - Race 7, Thread Effects Class 1 Handicap - Tamworth 5 January 2018

Breach 2 - Anecdote – Race 7, Guardian Safety Solutions Provincial Posthaste Benchmark 80 Handicap - Newcastle 9 March 2018

Breach 3 - Elaborate – Race 1, Taree League and Sports Club 2yo Maiden Handicap -  Taree 20 July 2018

CHARGE 8

AR 227 Breaches of the Rules

Without limiting any other powers, a PRA or the Stewards may penalise any person who:

 (b) attempts to commit, aids, abets, counsels, procures, connives at, conspires with another person to commit, or is a party to another person who commits, a breach of the Rules.

AR 249 Administration of medication on race day

(1) Notwithstanding the provisions set out in Schedule 1, Part 2, Division 2, a person must not, without the permission of the Stewards:

 (a) administer; or

 (b) cause to be administered,

any medication to a horse at any time on race day prior to the commencement of a race in which the horse is engaged to race.  

Instructing persons to administer medication on race day, namely electrolyte paste to the following horses prior to such horses running in the following races.

Breach 1 - Elaborate - Race 1, Fresh-R Class 1 Handicap - Wyong 26 August 2018.

Breach 2 - In Her Time - Race 7, Sydney Stakes - Randwick 14 October 2017

Breach 3 - Kyoko Race 1, Maiden Handicap, Golly Miss Solly Race 2 Maiden Handicap, Libertine Miss Race 4 Benchmark 55 Handicap, Tabrobane Race 5 benchmark 55 Handicap - Tuncurry 29 October 2017.

CHARGE 9

AR 252 Possession of medication/substance/preparation in breach of legislation

(1) A person must not have in his or her possession or on his or her premises any medication, substance or preparation which has not been registered, labelled, prescribed, dispensed or obtained in accordance with applicable Commonwealth and State legislation.

Did have 8 products in his possession on 11 September 2018 that had not been registered and/or labelled and/or prescribed and/or dispensed and/or obtained in accordance with the applicable Commonwealth and state legislation namely the Agricultural and Veterinary Chemicals Code Act 1994 (Cth) (Agvet Code), Poisons and Therapeutic Goods Act 1966 (NSW) and the Poisons and Therapeutic Goods Regulation 2008 (NSW);

CHARGE 10

AR 228 Conduct detrimental to the interests of racing

A person must not engage in:

 (b) misconduct, improper conduct or unseemly behaviour;

Did, without taking veterinary advice and with the intention to assist horses with respiratory conditions, administer prior to 11 September 2018 to the racehorses Anecdote, Kristensen and Marksfield, a substance contained in a brown bottle located in his vehicle by Stewards on 11 September 2018, that was found to contain the carcinogenic substance formaldehyde, such substance capable of being detrimental to the welfare of the said horses.