Perhaps the NZ Racing Judiciary Could Learn From This Case

[Chief Stipe]

Lazarus: John Pimental's HIWU Case 'Led To Some Positive Steps Forward'

paulickreport.com

 

Trainer John Pimental, now 70, resumed his career last December after a 15-month suspension from the Horseracing Integrity & Welfare Unit (HIWU), enforcement arm of the Horseracing Integrity and Safety Authority (HISA). The trainer and his wife took time to talk about their experience with the Thoroughbred Daily News this week.

Pimental was one of the earlier cases to come before HIWU; his trainee Golovkin tested positive for methamphetamine on May 29, 2023, less than a week after HIWU's Anti-Doping and Medication Control Program was implemented. A barn search on July 28, 2023, resulted in HIWU investigators finding an unlabeled container of the banned substance levothyroxine in Pimental's truck.

Initially, Pimental was handed a three-year suspension and $25,000 in fines, a deal the trainer said he agreed to because he couldn't afford a lawyer. Pimental had never had a positive test prior to this case, and told investigators he believed the meth positive to be a result of contamination, and that the levothyroxine was for his stable pony.

After TDN published an initial story, Pimental was able to begin working with HISA's/HIWU's Ombudsman, Alan Foreman, at no cost. HISA CEO Lisa Lazarus then wrote in a Letter to the Editor published in TDN that Pimental's case had prompted the development of a "Pro Bono panel of lawyers for Covered Persons who fall below a certain income threshold so that no one is deprived of counsel simply because they cannot afford a lawyer."

Ultimately, Pimental was allowed to withdraw his admission of guilt, and the adjudication process began anew. An arbitrator later sanctioned Pimental to a 15-month suspension and $10,000 fine for the levothyroxine possession, and the methamphetamine charge was stayed pending approval of proposed rules that HISA submitted to the Federal Trade Commission (FTC) in November 2023 regarding lesser penalties for human substances of abuse.

HISA CEO, Lisa Lazarus, told TDN: “We recognize that these are real people with real lives, and we don't take these decisions lightly. But I do think [the Pimentals'] case, amongst others, led to some positive steps forward, and obviously [their difficulties were] a consequence of being one of the first cases.”

As the end of his suspension neared, Pimental wasn't sure he wanted to return to training. Encouragement from an owner helped him decide to return to the races, though he told TDN he is much more cautious since his return.

"You've got to tiptoe around," the trainer said. "You've got to make sure nobody goes in your stalls. You've got to be careful with supplements. You have to be careful who you hire to walk a horse up for a race. I tie all my tongue-ties myself. I don't trust anybody else putting their hand's near a horse's mouth. I sit in front of a horse's stall all day now when he's running."

According to Equibase, Pimental has saddled the winners of two races from 27 starters since his return to the training ranks. He is based this summer at Monmouth Park.

[Special Agent]

I think with a lot of situations, as it says in the article, it is forgotten the livelihoods of real people are at stake.  I can understand the veteran trainer losing interest in racing.

To have representation is important and, yes Chief I agree NZ authorities could learn from this case.

[Chief Stipe]

55 minutes ago, Special Agent said:

To have representation is important and, yes Chief I agree NZ authorities could learn from this case.

I just read another case which was thrown out because the investigators evidence didn't pass judicial evidential thresholds.  That would have ended quite a few cases in NZ Racing.

[Special Agent]

This jurisdiction is frustrating and unjust.