Greyhound Racing NSW (GRNSW) stewards have finalised an inquiry following analysts' reports of the finding of 5b-androstane-2a, 17b-diol in the urine sample taken from Fancy Liza after that greyhound won Race 6, the Hotham Body Repairs Association Cup (720m) at the Wentworth Park GBOTA meeting on 30 March 2013.
As part of the inquiry, hearings were held on 4 March 2013, 30 June 2014, 12 August 2014, 10 December 2014 and 12 June 2015 before being finalised via correspondence.
Evidence was taken from Fancy Liza’s trainer Chris Spratt, Australian Racing Forensic Laboratory (ARFL) Science Manager Dr Adam Cawley and veterinary surgeons Dr Brian Daniel, Dr Tom Astbury and Dr Peter Yore. Written evidence was also tendered from the ARFL, Racing Analytical Services VIC, Racing NSW Head Veterinarian Dr Craig Suann and GRNSW veterinarian Dr Clare Harisson.
Mr Spratt gave evidence that the greyhound had been administered 0.25ml of the androgenic steroid Testoprop, which contains testosterone propionate, five days prior to the event in question by Dr Harrison. Such evidence of administration by Dr Harrison was supported by the presentation of a letter from Dr Harrison and presentation of extracts from her Schedule 8 Register.
Evidence taken from Dr Cawley outlined the finding of 5b-androstane-2a, 17b-diol at an approximated level of 20ng/ml which based on the results of the administration studies conducted by ARFL was consistent with the administration timeframe provided by Mr Spratt.
Significant evidence was led in relation to the establishment of the threshold at 10ng/ml and the failure by the laboratories to measure the specific gravity of the urine sample as it is done in human testing.
No canine studies were available to determine what, if any, effect the level of specific gravity in a greyhounds urine would have on the level of 5b-androstane-2a, 17b-diol. In the absence of such studies for the stewards to rely upon it remains difficult to reach any conclusion other than what has been certified by the laboratories.
After consideration stewards formed the opinion that it is not a matter for them to determine if the threshold established is valid. The threshold was in place in the Rules at the time of the greyhound being presented and therefore provided that any trainer that presented a greyhound with a level of 5beta-androstane 3-alpha, 17-beta-diol greater than 10ng/ml was in breach of Gar 83 (2).
Mr Spratt was found guilty to a charge under Gar 83 (2) (a) of having been responsible for the presentation of Fancy Liza for the race in question other than free of any prohibited substance in that the urine sample taken from the greyhound after the race was confirmed to have contained the metabolite of testosterone (5b-androstane-2a, 17b-diol) at a level greater than 10ng/ml in a female greyhound.
Mr Spratt was fined $2500.
In considering penalty, stewards took into account such factors as Mr Spratt’s not guilty plea, his personal circumstances, which includes a licensed period of five years in the industry, his record in relation to the prohibited substance rules which includes no previous breaches, the nature of the substances involved, which would be categorised as Category Three in accordance with the GRNSW Penalty Guidelines, the ability of Mr Spratt to provide stewards with a plausible explanation for the finding, the need for the penalty to act as a deterrent and the negative impact that such findings have on the industry.
A measure of leniency was extended as stewards were mindful that this was one of the first reports of the presence at excessive levels of this substance in a greyhound sample in NSW after the introduction of the rule on 1 January 2013. The particular factors in this case should not be seen as a precedent in similar cases of presentation of a greyhound found to have a Category Three level substance detected in a sample in the future.
Under Gar 83 (4), the greyhound Fancy Liza was disqualified from the race in question and the placings amended accordingly.
Mr Spratt has lodged an appeal against the decision.
