Trainer And Horse Disqualified

Press, Volume CVIII, Issue 31758, 15 August 1968, Page 5

Trainer And Horse Disqualified

A Pleasant Point trainer, John Joseph Brophy, has been disqualified for three years and fined $2OO as a result of an inquiry resulting from a positive swab returned by the trotter, Deodatus, after she had won the Conference Handicap at the Canterbury Park Trotting Oub’s winter meeting at Addington Raceway on May 25.

Deodatus. too, has been disqualified for three years. Charges laid against Kevin Anthony Brophy, of Timaru. the owner of Deodatus, were dismissed.

The committee which heard the charges comprised Messrs E. A. Lee, H. M. S Dawson and W. G. P. Cuningham. all of Christchurch. Mr R. A. Young appeared for J. J. Brophy. Mr J. G. Leggat for K. A. Brophy, and Mr B. McClelland for the New Zealand Trotting Conference

The hearing occupied three sessions on Tuesday and the finding was released yesterday afternoon.

In its finding the committee said that the charges against J. J. Brophy related to the alleged administration of a drug, “namely caffeine and theobromine” to Deodatus.

After hearing the evidence offered on behalf of the conference and also the evidence of the defendant and his witnesses, the committee found that it was “quite unable to accept the explanation of the defendant as to how the horse obtained the drug.” “Evidence Conflicts “It regards the evidence of the defendant and the witness. Mr M. L. Teahen. insofar as it relates to a possible contact with the drug at Mr Teahen's property as completely unsatisfactory and unconvincing and where their evidence conflicts with that of the racecourse inspector, Mr K. T. F. Samson, it prefers and accepts the evidence of the inspector. It is clear from the evidence of Mr R. C. J. Mac Kay, a veterinary surgeon, Mr J. H. Futter, an analytical chemist, and Mr C. T. E. Thompson, a veterinary surgeon. that a very large dose of the drug had been administered. ■ The only real challenge to this evidence was as to its possible effect on the horse and the time at which it could have been administered. However, under the rules, these questions were only of academic interest and the committee’s conclusion is that this was a serious case of drug administration and that the drug in question was capable of affecting the horse within the meaning of the rules. The evidence was clear that the only person in charge of the horse at the relevant time was this defendant.”

J. J. Brophy was found guilty of administering, or causing or

permitting to be administered a drug to the horse. He thereby committed a corrupt practice and was disqualified until May 24. 1971. In addition he was fined $2OO.

The horse Deodatus, was disqualified from the race and also until May 24. 1971.

The result of the Conference Handicap is now: All Alone 1, I Merrin 2; Carsonelli 3. Oscar 4. K. A. Brophy was charged with being one of the persons in charge of Deodatus on the dav of the race after which she returned a positive swab. This charge was dismissed. Also, he was charged with giving false information to the racecourse inspector. Mr Samson, concerning a bet of SIS each way on the horse. The dividend was about S3SO. The committee was satlsget) that the defendant made a wilfully false statement to the Inspector. but this was soon after corrected through his solicitor. I "In the light of all the clrcum- | stances, the committee feels that the evidence fell short of what should be required to support a conviction on such a serious charge. This charge will be dismissed,” the finding concludes.