No Disqualification

Press, Volume CVI, Issue 31142, 19 August 1966, Page 5

No Disqualification

The Southland district comittee. after a hearing lasting all Wednesday, ruled that the horse. Flyaway, should not be disqualified from the Core Gold Cup. run on February 12.

The horse, owned by Mr M. S. Day, of South Hillend. won the race and subsequently returned a positive swab for the drug theobromine.

In a statement Issued after ♦he hearing the committee said the evidence heard did not prove beyond reasonable doubt that theobromine was capable at affecting the horse's perform •nee. The only matter under the Bules of Racing which the com tnittee was called on to determine was whether, by reason of the positive swab, the horse should be disqualified for the race under Rule IPS <7’. The rule provides for rhe discretionary disqualification of a fiorse found to have had ad ministered to it a drug canable of affecting the horse's perform ance in a race.

Counsel acting for the Racing I Conference <Mr E. D Blundell, jof Wellington) emphasised that Ino charge was being brought 'against Mr Day and that no blame attached to him. Careful investigation had shown that the theobromine had originated from coca bean shells which had accidentally been allowed to come in contact with a feed that Mr , Day was accustomed to have iprepared by a local firm.

! Establishment of that situation had been the primary cause of the long delay before a hearing. Because no charges against an individual were involved, the evidence was mainly technical relating to the qualities of theobromine and whether these could affect the speed, stamina, courage and conduct of the horse in a race.

For the conference, evidence was given by Mr J. H. Futter, official analyst for the Racing and Trotting Conferences: Mr J C. McGrouther. veterinary surgeon. of Gore, who had attended when the horse was swabbed: and Professor E. F. d’Ath, of Dunedin, formerly professor of pathology at the Otago Medical School.

In their opinion, which they submitted was supported by various textbook and other authorities, theobromine had

qualities which could affect the I heart and general muscular condition of a horse and hence [its performance in a race.

Evidence to the contrary was given on behalf of Mr Day by Mr C. H. G. Irvine, veterinary surgeon of Invercargill: and Dr. N. G. Prentice, a pathologist, of Invercargill. In their opinion, the authorities did not substantiate the view that theobromine had the qualities as contended by the witnesses for the conference and they drew the committee’s attention to other authorities which they claimed supported their view.

In addition, Mr Irvine had conducted certain tests on three horses, with a fourth as a control, and the result of the tests satisfied him that administering theobromine did not have any effect on the cardiac system of the horses. In his opinion, any quantity of theobromine could be administered to a horse without having any effect on its performance in a race.

The case for Mr Day was conducted by Mr J. Mills, of Invercargill. The members of the committee were Messrs W. A. H. Thompson (chairman). M. A. McKenzie. M. O'Brien, A. J. Crooks, E. R. Smythe. W. C. Bruce. G. D. McKenzie, W. D. Hopcroft. W. M. Green and J. A. Mcßae.

HAREWOOO LADlES'—Stable, ford—A grade: Mrs M. Harris. 29 points (on a count-baek from Mrs S. Watson). B grade: Mrs H. Mackie. 31 points (on a count, back from Mrs Y. Mackay). Harewood Cup winner: Mrs L. Ashby: runner-up. Mrs L. Somers. Stroke—C grade: Mrs B. Calvert, iOS, 35—72; Mrs B. Campbell, US, 36—SO; Mrs E. Weenink. 117, 36— SI. Sealed holes: Mrs B. Calvert.