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RV stewards' to hold penalty hearing on Dwyer positive sample
05 Sep 2017 | Racing Victoria 
Racing Victoria Stewards have received a report from Racing Analytical Services Limited (RASL) confirming a positive swab has been provided by the Henry Dwyer trained racehorse, Heir To The Throne.

The report relates to a blood sample taken from Heir To The Throne which was brought to the Burrumbeet Racecourse on 22 June 2017 to engage in a jump-out. Heir to the Throne had been nominated to obtain a permit to start on 22 June 2017.

RASL reported that the sample contained Phenylbutazone and Oxyphenbutazone (a non steroidal anti-inflammatory) which is a prohibited substance in accordance with the Australian Rules of Racing.

Following their investigation, the Stewards issued a charge against Mr Dwyer under AR 177A, which reads as follows:

When a horse is brought to a racecourse or recognised training track to engage in either:
• (a) an official trial, or
• (b) a jump-out, or
• (c) any other test
for the purpose of obtaining a permit to start in a race (whether after suspension or otherwise) and a prohibited substance is detected in any sample taken from it prior to or following such engagement, the trainer and any other person who was in charge of the horse at any relevant time may be penalised.

Mr Dwyer has indicated in writing that he will plead guilty before the RAD Board to the charge under AR 177A. In those circumstances, pursuant to the provisions of LR 6C(2A), the Stewards may penalise the charged person by imposing a fine not exceeding $5,000.

LR 6C(2A) provides as follows:

• (2A) Minor Offences: Notwithstanding the provisions of LR 6C(1), where a person charged by the Stewards with a breach of AR 175(f), (g), (gg), (l), (q), AR 175A, AR 177A, AR 178A, or AR 178AA has indicated in writing that he or she will plead guilty before the RAD Board, the Stewards may penalise the person by imposing a fine not exceeding $5000.

The Stewards have determined to proceed under LR 6C(2A), and will hold a penalty hearing on Thursday, 7 September 2017 at 9am at Racing Victoria.

 
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