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RIB Descision Tokyo Tycoon Disq.


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 Non Raceday Inquiry (Part 1) – Written Decision dated 17 May 2023 – TOKYO TYCOON

ID: RIB21597

Respondent(s):
Mark Walker - Trainer

Applicant:
Mr R Carr - RIB Racing Investigator

Adjudicators:
G Jones and A Smith

Persons Present:
Mr Walker, Mr Carr

Information Number:
A17973

Decision Type:
Non-raceday hearing

Charge:
Prohibited substance (Meloxicam)

Rule(s):
Rule 804(2) - Prohibited substance

Plea:
Admitted

Stewards Report

Results

Animal Name:
TOKYO TYCOON

Code:
Thoroughbred

Race Date:
11/03/2023

Race Club:
Auckland Thoroughbred Racing

Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120

Race Number:
R5

Hearing Date:
16/05/2023

Hearing Location:
By teleconference

Outcome: Proved

Penalty: TOKYO TYCOON is disqualified from Race 5 at Auckland TR on 11 March 2023

Introduction

[1] The Racing Integrity Board (RIB) filed Information A17973 which relates to a Prohibited Substance charge against Licensed Class A Trainer, Mr Mark Walker (the “Respondent”).  This charge arises from TOKYO TYCOON’S first placing in Race 5, the Group 1 Sistema Stakes at the Auckland Thoroughbred Racing Club meeting at Pukekohe Park. The Respondent is the Trainer of TOKYO TYCOON.

[2] During a teleconference between the parties on 16 May 2023, the Respondent admitted the charge.  The penalty hearing in relation to the charge will be heard in due course and a written penalty decision will follow.

[3] In the interim, the RIB has submitted a summary of the facts concerning this matter and have sought the disqualification of TOKYO TYCOON from its first placing in the said race.  This decision deals solely with the disqualification.

[4] Accordingly, after consideration of the facts and pursuant to Rule 903(b), TOKYO TYCOON is disqualified and the official placing in the Sistema Stakes are to be amended in accordance with this decision.

The Relevant Rules

[5] Rules 804(1) and 804(2) provides that:

(1) A horse which has been brought to a Racecourse or similar racing facility and which is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance shall be, in addition to any other penalty which may be imposed, disqualified for any race or trial to which the Third Appendix hereto applies in which it has started on that day.

(2) When a horse which has been brought to a Racecourse or similar racing facility for the purpose of engaging in a Race or trial to which the Third Appendix hereto applies is found by a Tribunal conducting an inquiry to have had administered to it or have had present in its metabolism a Prohibited Substance, as defined in Part A of Prohibited Substance Regulations, the Trainer and any other person who in the opinion of such Tribunal conducting such inquiry was in charge of such horse at any relevant time commits a breach of these Rules.

[6] Rule 903 provides that:

Nothing in these Rules shall prevent:

(a) a Stipendiary Steward or Investigator at any time after a Race filing an Information that a horse should be disqualified on account of or in connection with a Prohibited Substance….

(b) an Adjudicative Committee from disqualifying such horse if the Information is proved  and making such resultant orders as it considers required, and as are permitted by these Rules (including orders disqualifying the horse and ordering that any money, prize or trophy already handed over be refunded), but such disqualification or order, if ordered or made after the Official Result of Placings has been declared, shall not in any way affect that Official Result of Placings.

The Facts

The key salient facts are summarised as follows:

[7] The Respondent in this matter, Mr Mark Walker, is the Chief Trainer at Te Akau Racing Stables in Matamata. Te Akau Racing currently has one hundred and eighty-one thoroughbreds registered as ‘in training’ with NZTR.

Circumstances

[8] On 11 March 2023, TOKYO TYCOON won Race 5, the Group 1 Sistema Stakes at the Auckland Thoroughbred Racing Club meeting at Pukekohe Park. The gross stake money for 1st place was $184,000.

[9] TOKYO TYCOON is a 2-year-old gelding trained by Mark Walker out of Te Akau Racing. He is owned in partnership by the Meadowbank Masters Racing and Te Akau Satono Samurai Racing Partnerships.

[10] TOKYO TYCOON was post-race swabbed on 11 March 2023 at 15:35 hours.

[11] On 24 March 2023, New Zealand Racing Laboratory Services (NZRLS) issued a Certificate of Analysis detailing that the sample obtained from TOKYO TYCOON was positive to the Prohibited Substance Meloxicam.

[12] Meloxicam is defined as a Prohibited Substance under the Prohibited Substance Regulations of the NZTR Rules of Racing falling under clause 1.1.6 and in the category of substance – Part A (1.2.21) anti-inflammatory agents within the meaning of the Rules.

[13] Meloxicam is a nonsteroidal anti-inflammatory drug for the alleviation of inflammation and relief of pain in both acute and chronic musculoskeletal conditions in horses. Meloxicam is permitted in race day samples as a therapeutic substance to a regulatory limit of mass concentration of 10 micrograms per litre in urine. The NZRLS has reported that the level in this sample is reported as exceeding 20 micrograms per litre (upper level of calibration used). Its presence therefore above the regulatory limit of 10 micrograms in a race-day sample is, prima facie, a breach of the Rules.

[14] Meloxicam is listed on the NZEVA Period of Detection List with a listed possible withholding time of 4.2 days and a detection time of 3 days.

[15] On 27 March 2023, Investigators from the RIB undertook enquiries at Te Akau Racing Stables and the subsequent interview of the Respondent along with five other Te Akau Racing employees and their independent veterinary.

[16] These enquiries established that in the week prior to the G1 Sistema Stakes on 11 March 2023, TOKYO TYCOON was boxed in Box 3 of the Colt Barn.

[17] Copies of both the medication record book and whiteboard outlining individualised horse treatments for the horses boxed in the Colt Barn were obtained. TOKYO TYCOON is referred to in these records by his stable name – ‘Katsu’.

[18] A review of these records notes that ‘Katsu’ was due to be administered Meloxicam on the 4th, 6th, and 7th March prior to the raceday on 11 March 2023.

[19] Records identify that RARE COMPANY, stable name ‘Powell’ was boxed in Box 2 being directly next to Box 3 where ‘Katsu’ was boxed.

[20] The medication record book highlights that ‘Powell’ was due to be scoped and administered ‘melox’ (Meloxicam abbreviated) on the 10 March 2023.

[21] Both Colt Barn Forepersons were interviewed and confirmed during interview that they are the only two Te Akau employees apart from the independent vet who would be responsible for administering Meloxicam to ‘Katsu’.

[22] Meloxicam administered dosage between the two Forepersons appears to differ slightly with one stating they administer 10ml and the other – “A syringe full so they’re 13/14ml.”  Administration is undertaken by way of oral paste syringe to the back of the horse’s tongue.

[23] Te Akau Racing has both external and internal CCTV Security Cameras operating in the Colt Barn, which is recorded to a hard drive. RIB subsequently requested disclosure of the footage for the week leading up to race day on 11 March 2023.

[24] On 28 March 2023 the Respondent advised the RIB that he had reviewed the internal CCTV footage.  He advised that the footage identifies one of the Colt Barn Forepersons entering ‘Katsu’s’ box 3 on 10 March 2023 at 08:42 hours and appears to administer a syringe, which he believes to contain Meloxicam.

[25] On 29 March 2023 the RIB attended Te Akau Racing and reviewed the said CCTV footage and obtained an electronic disclosed copy. This footage highlights that both Forepersons are doing their rounds and checking on boxed horses in close proximity to where ‘Katsu’ was boxed.

[26] At 08:39 hours a Foreperson is sighted entering ‘Katsu’s’ box 3. The footage highlights that a syringe had been left on the ground directly adjacent to box 3 prior to 08:35 hours when the disclosed footage commenced.

[27] The footage shows that at 08:42 hours a Foreperson uplifted this syringe from the ground in front of box 3 and administered orally to ‘Katsu’.

[28] In consultation with Te Akau Racing Managers, they believe that the syringe identified in the footage is identical to the veterinary supplied Meloxicam Syringes.

[29] A secondary interview was subsequently undertaken of the Foreperson in question and the CCTV footage was played to them for the purpose of seeking their response and explanation in relation to their actions in the footage. In response to questions, one of the Forepersons stated – “Maybe its FILTA BAC. That’s in the same tube as Meloxicam, it looks the same, but I know he’s got white socks and we were treating his mud fever”. On completion of viewing the oral administration via the horse’s tongue the Foreperson became visibly upset and stated – “I’m really sorry”. The foreperson further admitted to “giving him half a Pro-Dosa and the Meloxicam”.

[30] This ½ Pro-Dosa and Meloxicam being recorded in the medication record book to be administered to ‘Powell’ on 10th March 2023. When questioned further to how this has occurred, the Foreperson stated – “I’ve obviously put it down because I’d gone to see whatever was happening and then I’ve gone back and just assumed and I didn’t look properly.”

[31] It is the RIB’s position that administration has occurred through human error around the mistaken identity of the two horses – ‘Katsu’ and ‘Powell’ that were boxed next to each other. The RIB therefore does not believe that there was any nefarious intent on behalf of the Foreperson or Te Akau Racing to the oral administration of Meloxicam.

[32] Enquiries were undertaken with NZTR Chief Veterinarian Dr Andrew Grierson regarding Meloxicam and its absorption rates. These revealed that Meloxicam is a non-steroidal anti-inflammatory drug (NSAID) patented by Boehringer Ingelheim in 1997. Meloxicam blocks the COX-2 more than it blocks the COX-1 inflammatory response to an injury. Dr Grierson further reiterates that the detection time listed on the NZVA WHT list has Meloxicam as a detection time of 72 hours (3 days). Stating however that 72 hours is definitely not the withholding from racing. The NZVA withholding time for Meloxicam is clearly listed as 1.4 times 72 hours being 100.8 hours or 4.2 days.

[33] The ‘B Sample’ was independently tested by the Hong Kong Jockey Club (HKJC) Racing Laboratory and on analysis the presence of Meloxicam was detected.

[34] Throughout this investigation the RIB has found Mr Walker and his Te Akau employees to have been extremely cooperative.

[35] Enquiries into Mr Walker’s judicial record with NZTR, confirms he has no previous breaches of the Prohibited Substance Rule or any serious racing offences with New Zealand Thoroughbred Racing [NZTR].  Therefore, in that regard he has an unblemished record.

[36] Pursuant to the Rules, the RIB seeks the disqualification of TOKYO TYCOON from Race 5 at the Auckland Thoroughbred Racing Club meeting at Pukekohe Park on 11 March 2023.

Decision and Reasons

Decision

[37] The Adjudicative Committee makes an order directing that TOKYO TYCOON shall be disqualified from first placing in Race 5, the Group 1 Sistema Stakes at the Auckland Thoroughbred Racing Club meeting at Pukekohe Park.

[38] In addition, the gross stake money for first place, $184,000, is to be withheld (forfeited) and paid in accordance with the amended placings.

Reasons

[39] In reaching its decision, the Adjudicative Committee is required to establish that TOKYO TYCOON was brought to a Racecourse or racing facility and was found by the Adjudicative Committee to have had present in its metabolism, a Prohibited Substance.  The Adjudicative Committee is empowered by virtue of Rule 903(b) to make an order disqualifying such horse if the Information is proved. In this case, Mr Walker admitted the breach and therefore the Information is deemed to be proved.  The presence of the Prohibited Substance in TOKYO TYCOON’S metabolism at the time of the race, is prima facia a breach of the Rule.

[40] Although the breach occurred because of a mistake by one of Mr Walkers employers, he, by virtue of his position, is vicariously liable for the breach and has accepted responsibility.

[41] Neither the presence of Meloxicam nor the disqualification, is contested by the Respondent.

[42] Therefore, in accordance with the relevant Rules, TOKYO TYCOON is disqualified, and placings amended, and stake money paid in accordance with this order.

Costs

[43] Due to this matter having been uncontested and dealt with ‘on the papers’, there is no order for costs.

Decision Date: 17/05/2023

Publish Date: 18/05/2023

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As this inquiry was dealing only with the race disqualification and the trainer penalty will be dealt with at a further date I thought of further situations others may find interesting.

Shadows Cast was disqualified from a win because he returned a positive swab whilst being treated by a vet for a minor ailment using a product outside the withholding period.  Trainer Mark Oulaghan was fined $4,000.  Consequences for the vet ... nothing I believe.

Green Aeon was disqualified from 1st and 2nd in two races.  Trainer Todd Mitchell was not charged because the horse was treated by a vet using acceptable products within withholding guidelines, citing the horse had abnormal excretion rates.

I think the "acceptable products within withholding guidelines" opens a can of worms looking at historical cobalt cases.  In particular the Graham Richardson case with the mare that was placed in the Auckland Cup (name just escapes me, maybe Windflower).  Authorities knew the mare had unusually high levels from previous swabs yet Richardson was not informed.  The product used had "nil withholding" on the packaging.  In other cases the same (or similar) product with "nil withholding" was used, off the top of my head included but not limited to Donald Caskey, Peter McKenzie and Tony Bambry.

There are quite a few cases, all available online, with holes in the written evidence from galloping and harness that involve a lot of reading.  I have to confess I haven't read up much on the greyhounds but judging by comments on here there must be discrepancies there too.

The underlying problem to me, and many others obviously, is the inconsistency which when there is an overriding governing body ruling the three codes should not exist.

As I've mentioned on the Greyhound Section here, a Royal Commission into how the RIB operates would be the best and fairest inquiry of all.

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17 minutes ago, Special Agent said:

Shadows Cast was disqualified from a win because he returned a positive swab whilst being treated by a vet for a minor ailment using a product outside the withholding period.  Trainer Mark Oulaghan was fined $4,000.  Consequences for the vet ... nothing I believe.

Better just clarify, the treatment was INSIDE the withholding period thus the positive swab. BUT under a veterinarian's care.

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20 minutes ago, Special Agent said:

The underlying problem to me, and many others obviously, is the inconsistency which when there is an overriding governing body ruling the three codes should not exist.

The RIB and the code administrations would argue that they have worked together to remove the inconsistency.  Many of the cases cited are historical.  Therein also lies a problem as the judiciary use past inconsistent decisions as precedents for current ones.

 

23 minutes ago, Special Agent said:

As I've mentioned on the Greyhound Section here, a Royal Commission into how the RIB operates would be the best and fairest inquiry of all.

Or a simpler option would be for the Code Administrations to work together and working off the same agreed song sheet tell the RIB what to do. 

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38 minutes ago, Chief Stipe said:

The RIB and the code administrations would argue that they have worked together to remove the inconsistency.  Many of the cases cited are historical.  Therein also lies a problem as the judiciary use past inconsistent decisions as precedents for current ones.

 

Or a simpler option would be for the Code Administrations to work together and working off the same agreed song sheet tell the RIB what to do. 

Seems logical to me.

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7 minutes ago, Freda said:

Seems logical to me.

Thanks I think so.  I've actually talked to a couple of administrators about it in the past and they agreed but I just don't see the traction.  Especially under the new incumbents.

I was thinking about the industry this morning.  Once again we are seeing the promise of a bright and sunny future with the Entain deal.  All I see in that is false hope which is based on a cynical memory of all the previous promises of a golden summer.  The AWT's being one on many.  

I thing look at the drug environmental contamination issue alongside the fine lines of the use of therapeutic drugs.  Joe Bloggs stakeholders jump on the bandwagon to attack a big stable when they err but mention nothing about the lesser stable examples.  The irony is the big stable survives the mistake because it can afford it.  The little stable often takes a hit they can't recover from.  Look at the Waretini dog case where the Trainer in her long career had had no priors yet is put out for a time that may bring an end to that career.

Meanwhile the elephant in the room is not addressed.  No leadership saying what they intend to do.  Once more it favours the big stables as they put expensive systems in place to monitor, to contain and control.  They pass the cost onto the owners.

Then there are the tracks and the lack of consistent cohesive programming of races that would enable the greatest number of participants.

Meanwhile how administrators still part and fiddle.  Fine dine to nut out the Entain deal of the Century and not one fundamental issue is fixed.

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There are so many good ideas coming out but, unfortunately the three codes will never work together.

The problems are over complicated and not that hard to fix with some common sense and a bit of Kiwi ingenuity.  Less talk and more action required.

What has happened to Lisa is disgusting when galloping trainers have had little or no disruption to their training regime or income.

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I was checking today's scratchings and thought of the Sam Lennox Bananarahma disqualification.  That was another where a trusted vet was at fault.

The horse was given an injection by the vet for a skin complaint 24 DAYS before racing, returned a positive and disqualified.  Sam and his owners lost the race and stake money and, as far as I know the vet was unpunished.

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6 hours ago, nod said:

What was wrong with this horse that he required treatment for 3 days during the week before his race?

Would Bute have been better?

Research would indicate that Meloxicam is better at treating inflammatory conditions with less negative gastrointestinal effects.

Some trainers use it as a preventative measure.

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2 minutes ago, Special Agent said:

Because Fact #13 in the report of the inquiry said the anti-flammatory is for acute and chronic problems

Acute and chronic have specific medical definitions not related to the level of pain.

Acute refers to a condition that develops quickly and lasts for a short period of time.

Chronic conditions develop slowly and worsen over longer periods of time.

All horses in work suffer from a degree of musculoskeletal  inflammation.  As do most elite athletes.  Doesn't mean they are feeling severe pain.

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11 hours ago, Chief Stipe said:

Would Bute have been better?

Research would indicate that Meloxicam is better at treating inflammatory conditions with less negative gastrointestinal effects.

Some trainers use it as a preventative measure.

Bute is dangerous and I suspect stuff maybe as well

Sore horses should not be worked  and if you are feeding them Melox or Bute  that hides the pain  then how do you know they are sore and liable to breakdown?

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49 minutes ago, nod said:

Sore horses should not be worked

Define "sore"?  All racehorses at competitive fitness have some degree of inflammation.  Afterall that's how training works.  You put the horse under stress in training to train it mentally and physically to be ready to race at a competitive level.

Any successful trainer will be doing it.  The fine art is to determine what the limits are for each individual horse.

Why do the likes of Waller put their brst horses straight into an ice bath and give anti-inflammatories after a track gallop?  

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So, what acute or chronic symptoms do not involve a severity of pain?

If you are talking human symptoms that come under the acute or chronic banner they include asthma, broken bones and osteoporosis.  Pretty sure those involve severe pain.

Why is bute dangerous?  I would think the same reason nerve blocking is dangerous.

I suppose anything that has a withholding period by authorities is deemed to have some danger.

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30 minutes ago, Special Agent said:

So, what acute or chronic symptoms do not involve a severity of pain?

Acute or chronic doesn't define the level of pain.

Every horse in training either has an acute or chronic condition.  But that doesn't mean Tokyo Tycoon was in severe pain as you suggested.

Stomach ulcers are a common chronic condition in horses.  Are they all in severe pain?

What's the old training maxim - "No pain no gain".

That's often the single thing that determines if a horse is a champion or not.  Their ability to overcome pain to win.  

 

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8 minutes ago, Special Agent said:

I suppose anything that has a withholding period by authorities is deemed to have some danger.

Omeprazole has a withholding period.  It is used to treat stomach ulcers.  You probably have some in your bathroom medicine cabinet.

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9 minutes ago, nod said:

Ask Chris Dell

Presumably you are referring to the Ruakaka incident where a horse that Chris Dell was riding broke down and Dell was injured.

Afterwards the Trainer, Brett MacDonald (father of James) was found to have administered Bute to four of his horses trialling that day.  However the official report refers to traces of Bute in the horse that fell.

So your inference is that if Bute wasn't used the horse wouldn't have trialled or wouldnt have tried hard enough to breakdown and the accident wouldn't have happened.  However there is no proof of a causative relationship between the Bute application and the horse breaking down.  

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