TROTTING Varied Penalties In Swabbing Cases

Press, Volume C, Issue 29514, 16 May 1961, Page 5

TROTTING Varied Penalties In Swabbing Cases

The penalties imposed after inquiries into positive swabs returned at trotting meetings have caused considerable discussion. The inquiries held last week into positive swabs returned by Indian Smoke at the Bay of Plenty Trotting Club’s meeting on January* 30 and by Oleda Girl at the Auckland Trotting Club’s meeting on February 11 have proved no exception.

G. Cole, of Kumeu. was the trainer of both Indian Smoke and Oleda Girl. In the case of the first-named horse he was found guilty of failing to take proper precautions to prevent the administration of a drug to the horse and was fined £3O. In the case of Oleda Girl he was found guilty on the same grounds and fined £l5. After the Oleda Girl case it was announced: "When imposing the fine, the committee took into consideration the fact that in its opinion Cole did not wilfully administer the drug, in that it was proved to the committee's satisfaction that the drug was an ingredient of a well-known proprietary food used by him." It is reported that the horses had been given a food manufactured for dairy cows The company distributing the mixture says in advertisements that it “puts the cows into top gear. .

In some other cases dealt with by trotting tribunals it has been claimed that the horses had been given sheep nuts, which, if given in sufficient quantity, give strong positive tests to certain drugs. In those cases trainers have been disqualified for certain periods, the terms being upheld on appeal. In the two Auckland cases the heaviest sufferers have been the owners of the two horses concerned. Mr A. S. Byers, owner of Indian Smoke, lost a stake of £165 when his horse was disqualified. Mr G. E. W Heeler, the owner of Oleda Girl, lost a stake of £390 when his horse was disqualified. Inconsistency Since routine swabbing was inaugurated by the New Zealand Trotting Conference in September. 1956. 14 positive swabs have been returned. The findings have been marked by a great inconsistency in penalties. These have caused great concern to all owners and trainers and no doubt to the conference itself. The first positive swab was returned by Aldora at Forbury Park in October. 1956. The stipendiary stewards disqualified both the owner and trainer of Aldora. W. E. Thomson and M. C. Flaws respectively, for five years after finding them gulity of failing to take proper precautions to prevent the administration of a drug to the horse. The case was taken to appeal, the judges finding that because of the wording of the rule under which Thomson and Flaws had been charged, only one person could be found guilty. The judges found that Thomson was in charge of the horse and the appeal by Flaws was allowed. The disqualification of Thomson was reduced to three years. In November, 1956. Scotch Glen, a winner at Wyndham, returned a positive swab The trainer of Scotch Glen. D. Todd, and the owner. A. Todd, were charged. In their finding the stipendiary stewards said there was a doubt whether the drug, which was reported to have come from an ointment applied to an injury in Scotch Glen's mouth, was capable of affecting the horse under the rules and the doubt was resolved in favour of the two men charged. The objection was dismissed. One of the most controver-

sial decisions was made at the inquiry held into a positive swab taken from Faro, a winner at Cambridge in March, 1957. The stipendiary stewards found that Faro had had a drug administered to him and disqualified him from the race. However, no action was taken against L. V. and Mrs Poynter, the connexions of the horse, who were commended for the ‘•frank and truthful” manner in which they gave their evidence. Penalty Reduced E. O'Fee was disqualified for life after an inquiry into a positive swab taken from his horse. Robertwood, at Wellington in June, 1957. The penalty was reduced to five years on appeal. J. J. Cooney, owner-trainer of Noble Jessie, was disquali-' tied for five years after an inquiry into a positive swab taken from the mare at Tauranga in January, 1958 An appeal was lodged, but it was never heard. The next positive swab was returned by Ben Lee at Ashburton in June. 1958. The stipendiary stewards disqualified Ben Lee from the race and found H. Stafford the owner-trainer of the horse, guilty of failing to take proper precautions to prevent the administration of a drug. Stafford was disqualified for three years. Tlie case was taken to appeal and the judges restored Ben Lee to first place. They confirmed the original finding that Stafford was guil’y of failing to take proper precautions to prevent the administration of a drug, but quashed the disqualification on him and replaced it with a fine of £lOO. They also ordered him to pay £52 10s for costs to the conference. The appeal judges in their finding gave no reasons for their reinstatement of Ben Lee to first place in the Ashburton race, nor did they say why a fine had been imposed in place of disqualification. Two In Day In September, 1959. Space King and Battle Fling both returned positive swabs at New Brighton. L. D. Ashton and W. E. Taylor, trainers of Space King and Battle Fling respectively. were found guilty of failing to take proper precautions to prevent .the administration of a drug, and they were disqualified for three years, the penalties being confirmed on appeal. Ashton was ordered to pay £l5O costs and Taylor £5O costs to the conference.

A week later at Methven, Bon Ton, winner of the Methven Cup, returned a positive swab. D. A. Morland, owner-trainer of the horse, was disqualified for life, the penalty being confirmed by appeal judges. Glenoware re’urned a positive swab after he had won at Invercargill in November. 1959. D. P. Dynes, part-owner and trainer of the horse, was disqualified for three years, but on appeal the term was reduced to one year and he was ordered to pay £lOO costs. Mineto, a winner at Thames in June, 1960, returned a positive swab. In August it was announced that the objections had been withdrawn after a report had been received from the analyst saying that the unknown unstable quantities of the drug had created a doubt as to the precise nature of the drug found in the sample taken from Mineto. The only positive swab announced since then came from Winabob. a winner at the Vincent Jockey Club's meeting in January of this year. V. S. Heffernan, partowner and trainer of the horse, was disqualified for one year. Heffernan has lodged an appeal, which has not yet been heard.