Racing NSW Stewards today conducted an inquiry into the Analysts’ finding of an elevated level of cobalt in the pre-race urine sample taken from Felix Bay.
The sample was taken prior to that gelding finishing in 5th placing in race 7, the Benchmark 75 Handicap at Hawkesbury racecourse of the 16th April 2015
The National Measurement Institute returned the cobalt level at 262 µg/L and the ChemCentre, of Western Australia at 250 µg/L.
Evidence was today taken from:
Mr Kevin Moses, Trainer of Felix Bay
Mrs Jenny Moses, Stable Foreperson
Dr Craig Suann, RNSW Senior Official Veterinarian
Dr Adam Cawley, Science Manager, Australian Racing Forensic Laboratory
Reports from the following officials were entered into evidence:
Mr Raymond Livingstone, Stipendiary Steward – 16/04/15
Dr Emily Streckfuss, Race-day Veterinarian, Hawkesbury Equine Centre – 16/04/15
Mr Nathan Hayward, Chief Investigator, RNSW Surveillance and Intelligence Unit – 16/04/15
Mr R Murrihy, Chairman of Stewards and Dr Craig Suann – 24/04/15
The transcript of an interview with Mrs J Moses on track at Hawkesbury racecourse on the 16th April 2015 and a transcript of an interview with Mr K Moses and Mrs J Moses at RNSW Offices on the 17th April 2015 were included in the material considered by Stewards.
The inquiry heard from Dr Suann that based on reported administration trials, the level of cobalt found in the pre-race urine sample taken at 2:13pm and the post-race blood sample taken at 4:40pm, in his view, was indicative of an administration on race-day.
Mr K Moses pleaded guilty a charge under AR178 of having presented Felix Bay to race at the Hawkesbury race meeting on 16th April 2015 when a prohibited substance, namely cobalt in excess of the concentration of 200µg/L as prescribed by AR178C(1)(l), was detected in a sample taken from such horse prior to running in a race.
In assessing penalty, Stewards took into account all mitigating and aggravating circumstances, including that this was Mr Moses’ first breach of the prohibited substance rules. Stewards ruled that Mr Moses be disqualified for a period of 12 months to commence immediately and to expire on 21st August 2016 on which day he may re-apply for a licence.
In addition, under the powers of AR177, Felix Bay was disqualified from its 5th placing in the BM75 Handicap conducted by the Hawkesbury Race Club on the 16th April 2015 and the placing’s were amended accordingly:
1. White Dove (NZ)
2. Dream Folk
3. Sons of John
4. All My Loving
5. Nordic Duke (NZ)
6. Viva Lisboa
7. Uncle Sugar (NZ)
8. Agent Bauer
9. Majestic Beast
10. Bel Barrage
Under the powers of AR196(6)(a), the Stewards ruled that the commencement of the period of disqualification, scheduled to begin on the 21st August 2015 and expire on the 21st August 2016, be deferred for seven clear days until and including Friday 28th August 2015 to allow Mr Moses to continue his training operation. However, under AR196(6)(b), Mr Moses is not permitted to start horses in that period.
Mr Moses was advised of his rights of appeal.