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NSW trainer fined $8,000 after positive sample

Racing NSW Stewards'on Tuesday conducted an inquiry into the Analysts’ findings of 4 hydroxy xylazine in a post-race urine sample taken from The Lion following the gelding winning Race 2 – TAB Highway Handicap conducted at Randwick on 9 June 2018.

Evidence was taken from the trainer of The Lion Ms Michelle Fleming, who as managing owner represented the interests of the owners, Mr B McHugh Part Owner of the gelding, Racing NSW Official Veterinarian Dr James Mizzi and ARFL General Manager Mr John Keledjian. 

The Stewards established the following;

1. On Sunday 3 June 2018 Ms Fleming administered a substance containing 3ml xylazine (containing 300mg of xylazine hydrochloride) and 3ml A.C.P to facilitate the clipping of the gelding.
2. The substance was sourced from another trainer who had obtained the product from her veterinarian.
3. Ms Fleming did not obtain any veterinary advice prior to administering the substance.
4. The dosage administered to The Lion according to Dr Mizzi was greater than the recommended dosage to relax a horse for clipping.
5. The level of 4 hydroxy xylazine detected in the sample by the Australian Racing Forensic Laboratory was low.

AR175(h)(ii) – Administration of a Prohibited Substance

Ms Fleming pleaded guilty to a charge under AR175(h)(ii) in that she administered the prohibited substance xylazine 100 which resulted in a sample taken from The Lion after running in Race 2 – TAB Highway Handicap at Randwick on 9 June 2018 being found to contain the prohibited substance 4 hydroxy xylazine.

In assessing penalty, the Stewards took into account the following

1. Ms Fleming’s guilty plea
2. Her clean record
3. The circumstances of the administration of the prohibited substance.

Ms Fleming was fined the sum of $7000.

Breach of AR80E - Possession of Schedule 4 Substance Not Prescribed

Ms Fleming pleaded guilty to a charge under AR175(k) in that she breached AR80E(1) by having in her possession on 3 June 2018 a schedule 4 substance containing 3ml xylazine and 3ml A.C.P that was not prescribed or dispensed in compliance with relevant State and Commonwealth legislation, primarily the Commonwealth AGVET code and NSW Poison
and Therapeutic Goods Regulation (2008).

Ms Fleming was fined the sum of $1000.

AR177 - The Lion

Acting under the provisions of AR177 The Lion was disqualified from its 1st placing in Race 2 – TAB Highway Handicap conducted at Randwick on 9 June 2018 and the placing’s were amended as follows:

1st Two ‘n’ Wellgo
2nd Go The Gantry
3rd Got Nothing
4th Rumba Queen
5th Slickster

Ms Fleming and Mr McHugh were advised of their rights of appeal.

Relevant Rule

AR 80E. (1) Any person commits an offence if he has in his possession or on his premises any substance or preparation that has not been registered or labelled, or prescribed, dispensed or obtained, in compliance with the relevant State and Commonwealth legislation.
AR 175. The Principal Racing Authority (or the Stewards exercising powers delegated to them) may penalise; (h) Any person who administers, or causes to be administered, to a horse any prohibited substance -
(ii) which is detected in any sample taken from such horse prior to or following the running of any race.
(k) Any person who has committed any breach of the Rules, or whose conduct or negligence has led or could have led to a breach of the Rules.
AR 177. Subject to AR 177C, any horse that has been brought to a racecourse and a prohibited substance is detected in any sample taken from it prior to or following its running in any race must be disqualified from any race in which it started on that day.

Stewards

M F Van Gestel (Chairman)
P C Dingwall










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