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Victorian trainer charged over cobalt positive sample
15 May 2017 | ThoroughbredNEWS News Desk 
Racing Victoria (RV) Stewards on Monday issued charges against licensed trainer Len Xuereb following an investigation into the circumstances that lead to his horse, Elegantly Wasted, returning a sample containing cobalt in excess of the permitted threshold of 200 micrograms per litre in urine.

A post-race urine sample was taken from Elegantly Wasted following the mare’s win in the Eastcoast Plumbtec Maiden Plate 1417m at Sale Turf Club on 9 July 2015.

The concentration of cobalt detected in the urine sample was determined by Racing Analytical Services Limited (RASL) to be 251 micrograms per litre (with a 25 microgram per litre measurement of uncertainty) and by Racing Chemistry Laboratory 240 micrograms per litre (with a 20 microgram per litre measurement of uncertainty).

The following eight charges (of which two are in the alternative) have been laid against Mr Xuereb under the Australian Rules of Racing.

Charge One (AR 175(h)(i)) – Administration of a prohibited substance for the purpose of affecting the performance or behaviour of a horse in a race
AR 175(h)(i) provides that 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:
(i) For the purpose of affecting the performance or behaviour of a horse in a race or of preventing it starting in a race.

The Stewards allege that, prior to the race on 9 July 2015, Mr Xuereb administered, or caused to be administered, to Elegantly Wasted a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine, for the purpose of affecting the performance or behaviour of Elegantly Wasted in the race.

Charge Two (AR 175(h)(ii)) - Alternative to Charge One
AR 175(h) provides that 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.
The Stewards allege that, prior to the race on 9 July 2015, Mr Xuereb administered, or caused to be administered, to Elegantly Wasted a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine, which was detected in a post-race urine sample taken from Elegantly Wasted prior to the running of the race.

Charge Three (AR 178) - Alternative to Charge One and Two
AR 178 relevantly provides that:
…when any horse that has been brought to a racecourse for the purpose of engaging in a race and a prohibited substance is detected in any sample taken from it prior to or following its running in any race, the trainer and any other person who was in charge of such horse at any relevant time may be penalised.
The Stewards allege that, on 9 July 2015, Mr Xuereb brought Elegantly Wasted to the Sale racecourse for the purpose of engaging in the Eastcoast Plumbtec Maiden Plate over 1417 metres when a prohibited substance, being cobalt at a mass concentration of 200 micrograms per litre in urine, was detected in a urine sample taken from Elegantly Wasted subsequent to the running of the race.

Charges Four-Seven (AR 80E) – Charges in relation to alleged possession of certain substances
AR 80E states that:
(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 or Commonwealth legislation;
(2) The Stewards may take possession of any substance or preparation mentioned in sub- rule (1), and may use it as evidence in any relevant proceedings.
The Stewards allege that, on 4 September 2015, during the course of a stable inspection at Mr Xuereb’s training premises (including the refrigerator located in the house at his training premises), the substances listed below were located, and that they had not been registered or labelled or prescribed, dispensed or obtained, in compliance with the relevant State or Commonwealth legislation:

a) three new five millilitre bottles of SGF-5000;
b) three used 10 millilitre bottles of Bio Blood Builder;
c) one 100 millilitre bottle of Enduro 500; and
d) one 100 millilitre bottle of Bio Bleeder.

Charge Eight (AR 178F(1)) – Failure to record treatments and administration of treatments and medications

The Stewards allege that Mr Xuereb failed, in accordance with AR 178F(1), to properly record all treatments and medications administered to Elegantly Wasted.

Mr Xuereb will appear at a RAD Board hearing in relation to the above charges at a date yet to be fixed.


Stewards' Report Stefan Jokic
Racing Victoria (RV) Stewards have today issued charges against former trainer Stefan Jokic following an investigation into the circumstances that led to his horse, Jack Attack, returning a sample containing cobalt in excess of the permitted threshold of 200 micrograms per litre in urine.

A pre-race urine sample was taken from Jack Attack prior the gelding running unplaced in the Trotters Coaches Maiden Plate 1200 metres at Hamilton Racing Club on 21 September 2015.

The concentration of cobalt detected in the urine sample was determined by Racing Analytical Services Limited (RASL) to be 359 micrograms per litre (with a 25 microgram per litre measurement of uncertainty) and by Racing Chemistry Laboratory 390 micrograms per litre (with a 20 microgram per litre measurement of uncertainty).

The following four charges (of which two are in the alternative) have been laid against Mr Jokic under the Australian Rules of Racing.

Charge One (AR 175(h)(i)) – Administration of a prohibited substance for the purpose of affecting the performance or behaviour of a horse in a race

AR 175(h)(i) provides 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:
• (i) For the purpose of affecting the performance or behaviour of a horse in a race or of preventing it starting in a race.
The Stewards allege that, prior to the race on 21 September 2015 Mr Jokic administered, or caused to be administered, to Jack Attack a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine for the purpose of affecting the performance or behaviour of Jack Attack in the race.
Charge Two (AR 175(h)(ii)) - Alternative to Charge One
• AR 175(h)(ii) provides that the Prinicpal 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.
The Stewards allege that, prior to the race on 21 September 2015, Mr Jokic administered, or caused to be administered, to Jack Attack a prohibited substance being cobalt at a concentration in excess of 200 micrograms per litre in urine which was detected in a urine sample taken from Jack Attack prior to the running of the race.
Charge Three (AR 178) - Alternative to Charge One and Two
AR 178 relevantly provides that:
…when any horse that has been brought to a racecourse for the purpose of engaging in a race and a prohibited substance is detected in any sample taken from it prior to or following its running in any race, the trainer and any other person who was in charge of such horse at any relevant time may be penalised.

The Stewards allege that, on 21 September 2015, Mr Jokic brought Jack Attack to the Hamilton racecourse for the purpose of engaging in the Trotters Coaches Maiden Plate 1200 metres when a prohibited substance, being cobalt at a concentration in excess of 200 micrograms per litre in urine, was detected in a urine sample taken from Jack Attack prior to it running in the race.

Charge Four (AR 178F)(1)) – Failure to record treatments and administration of treatments and medications

The Stewards allege that Mr Jokic failed, in accordance with AR178F(1), to properly record all treatments and medications administered to Jack Attack.

Mr Jokic will appear at a Victorian RAD Board hearing in relation to the above charges at a date yet to be fixed.



 
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