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Fartoomuch

Positives at Nelson

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21 minutes ago, Kotare_Hunter said:

The Rules

[2] Rule 1004 of the Rules of Harness Racing provides as follows:

(1A)

A horse shall be presented for a race free of prohibited substances.

(3)

When a horse is presented to race in contravention of sub-rule (1A) or (2) the trainer of the horse commits a breach of these Rules.

(D)

Any horse which has been taken to a racecourse for the purpose of engaging in a race which is found to have administered to it or ingested by it any prohibited substance shall be disqualified from that race.

[3] The penalty Rule is Rule 1004(7) which provides as follows:

Every person who commits a breach of sub-rule (2) or (3) shall be liable to:

(a) a fine not exceeding $20,000.00; and/or

(b) be disqualified or suspended from holding or obtaining a licence for any specific period not exceeding five years.

1004(8)

Any horse connected with a breach of sub-rule (1), (2) or (3) shall be disqualified from any race entered and/or liable to a period of disqualification not exceeding five years.

 

 

The JCA guidelines have a starting point of $8000 for a first offence of presenting a horse with a drug in its system.

Excellent work KH, that should help some on here who struggle with the rules of racing in NZ and their application

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12 minutes ago, Fartoomuch said:

Given his previous record am i alone in thinking he might get  a holiday this time??

No to holiday.

I think they have worked out this is too easily got around when it comes to trainers.

Works well with drivers however.

 

From The Bruce Negus Case

Respondent’s Submissions

[11] Mr Negus presented the following written submissions:

I am charged with, and have pleaded guilty to presenting the horse LIVING LEGEND with ketoprofen in its system. I have no idea how it got there. I have never had a hint of trouble with prohibited substances until now. My late father instilled in his children the belief you are buried with your reputation. I'm asking for a suspension. I recognize the need for someone to be held accountable. I submit my record entitles my request for real consideration.

[15] The Committee asked Mr Irving for the RIU’s position on Mr Negus’ submission for a suspension instead of a fine. He said that suspensions were normally applied to breaches by drivers and were not appropriate for trainers. This was because a trainer could transfer their horses to another licensed person’s name but still effectively train the horses themselves.

 

http://www.jca.org.nz/non-race-day-hearings/non-raceday-inquiry-riu-v-b-r-negus-reserved-penalty-decision-dated-20-march-2018-chair-ms-n-moffatt

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15 minutes ago, Kotare_Hunter said:

No to holiday.

I think they have worked out this is too easily got around when it comes to trainers.

Works well with drivers however.

 

From The Bruce Negus Case

Respondent’s Submissions

[11] Mr Negus presented the following written submissions:

I am charged with, and have pleaded guilty to presenting the horse LIVING LEGEND with ketoprofen in its system. I have no idea how it got there. I have never had a hint of trouble with prohibited substances until now. My late father instilled in his children the belief you are buried with your reputation. I'm asking for a suspension. I recognize the need for someone to be held accountable. I submit my record entitles my request for real consideration.

[15] The Committee asked Mr Irving for the RIU’s position on Mr Negus’ submission for a suspension instead of a fine. He said that suspensions were normally applied to breaches by drivers and were not appropriate for trainers. This was because a trainer could transfer their horses to another licensed person’s name but still effectively train the horses themselves.

 

http://www.jca.org.nz/non-race-day-hearings/non-raceday-inquiry-riu-v-b-r-negus-reserved-penalty-decision-dated-20-march-2018-chair-ms-n-moffatt

Dunn has run afoul of prohibited substances rules three times previously. His trainer's licence was suspended for six months after he presented two horses with prohibited substances in Australia in 1992.

He was fined $500 after another horse was found with elevated TCO2 [total carbon dioxide] levels at the Westport Trotting Club in 2004.

He was also fined $3000, and son John $1500, earlier this year for instructing employee Craig Smith to be in possession of a prohibited substance, ketoprofen, at a Forbury Park meeting in June 2016.

Stuff

Given the rules and the fact that its his 4th offence? he should be feeling pretty nervous.

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13 minutes ago, Fartoomuch said:

Given the rules and the fact that its his 4th offence? he should be feeling pretty nervous.

One would imagine so. On the other hand he may also have a good indication of whats coming having accepted the charges.

I can't find Crans case but I think he got 32K for 5 positives relating to 4 horses but penalties are not an exact science.

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15 minutes ago, Fartoomuch said:

Dunn has run afoul of prohibited substances rules three times previously. His trainer's licence was suspended for six months after he presented two horses with prohibited substances in Australia in 1992.

He was fined $500 after another horse was found with elevated TCO2 [total carbon dioxide] levels at the Westport Trotting Club in 2004.

He was also fined $3000, and son John $1500, earlier this year for instructing employee Craig Smith to be in possession of a prohibited substance, ketoprofen, at a Forbury Park meeting in June 2016.

Stuff

Given the rules and the fact that its his 4th offence? he should be feeling pretty nervous.

Where is it stated that he has pleaded guilty?  Did the Private Investigator not find anything?

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7 minutes ago, 2Admin2 said:

Where is it stated that he has pleaded guilty?  Did the Private Investigator not find anything?

I did wonder about that and the use of the word accepted but then the article went on to say "A judicial committee are currently looking over the case and a disciplinary decision is expected in the coming weeks" and I thoght that was another term for penalty.

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12 minutes ago, 2Admin2 said:

Where is it stated that he has pleaded guilty?  Did the Private Investigator not find anything?

The Robert Dunn Racing Stable has accepted the charges laid by the Racing Integrity Unit in relation to the return of positive swabs from the Nelson Winter Cup two-day meeting in June.

The Judicial Control Authority for Racing confirmed yesterday that the Dunn stable accepted the charges. A judicial committee are currently looking over the case and a disciplinary decision is expected in the coming weeks.

The Dunn stable is charged with presenting horses with a banned substance.

They returned four positive swabs for caffeine at the Nelson meeting which took place from June 9 to 11.

Three of the horses which tested positive were directly from the Dunn stable, while the fourth was from Craig and Aimee Edmonds’ stable.

However, that horse was under the care of the Dunn stable, which took it to Nelson.

Dunn has previously claimed the horses were nobbled – where the caffeine is administered by an outside party.

His claim caused rifts within the Canterbury harness racing community. He also enlisted the help of a private investigator to undertake his own investigation.

The Dunn stable is currently second in the harness racing trainer’s premiership with 55 wins – 17 behind Mark Purdon and Natalie Rasmussen.

Robert Dunn has three previous convictions for breaches of the prohibited substance rule.

 

Christchurch Star

Obviously the PI did not find anything of sufficient judicial strength.  If you accept the charges does that not mean you are pleading guilty

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Guest Hunterthenutter
3 minutes ago, Kotare_Hunter said:

I did wonder about that and the use of the word accepted but then the article went on to say "A judicial committee are currently looking over the case and a disciplinary decision is expected in the coming weeks" and I thoght that was another term for penalty.

theres a story on harness link about dun case

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On 21/12/2017 at 3:03 PM, poundforpound said:

LJM in the news "for all the wrong reasons", don't you love these low level invertebrates masquerading as scribblers....I would've thought the reasons cited are "for all the right reasons"

 

You changed your views now P4P? Any comment?

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Rare, in NZ racing any codes, that there’s ever been a situation where there’s been 4 positives from one stable at one meeting.Has this ever happened ever?

 Has to beg the question as to why it did occur.

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Dunn, R & J should both have a ban imposed for a lengthly period. There have been numerous occassions over the past years where their names have been associated with banned substance abuse both here and Australia. It is all very well blaming others and bringing in a private investigator but guilty and only guilty can be the verdict. Do what they do in Aussie, suspension. There was even another one where a horse had two race wins taken where the Dunn name was noted in the JCA report. I say it is time to get tough and rid the industry of repeated offenders. Then and only then will a level playing field apply.

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7 hours ago, MAJESTIC said:

Dunn, R & J should both have a ban imposed for a lengthly period. There have been numerous occassions over the past years where their names have been associated with banned substance abuse both here and Australia. It is all very well blaming others and bringing in a private investigator but guilty and only guilty can be the verdict. Do what they do in Aussie, suspension. There was even another one where a horse had two race wins taken where the Dunn name was noted in the JCA report. I say it is time to get tough and rid the industry of repeated offenders. Then and only then will a level playing field apply.

As John is not the registered trainer of any horses involved he is pretty much in the clear. A potential outcome in this case might be that R Dunn is suspended and horses subsequently transferred to J Dunn who would need to get a trainers license. That could be interesting and opening a can of worms in itself. I'm sure the JCA will work it out

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2 hours ago, Fartoomuch said:

As John is not the registered trainer of any horses involved he is pretty much in the clear. A potential outcome in this case might be that R Dunn is suspended and horses subsequently transferred to J Dunn who would need to get a trainers license. That could be interesting and opening a can of worms in itself. I'm sure the JCA will work it out

Right ON THE MONEY !!!!!!!

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12 hours ago, MAJESTIC said:

Dunn, R & J should both have a ban imposed for a lengthly period. There have been numerous occassions over the past years where their names have been associated with banned substance abuse both here and Australia. It is all very well blaming others and bringing in a private investigator but guilty and only guilty can be the verdict. Do what they do in Aussie, suspension. There was even another one where a horse had two race wins taken where the Dunn name was noted in the JCA report. I say it is time to get tough and rid the industry of repeated offenders. Then and only then will a level playing field apply.

Wish there was a level playing field, but we all know consciously and unconsciously that it is not a level playing field!

Caffeine is in all of us from our coffee and Coca Cola!

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11 minutes ago, Brodie said:

Wish there was a level playing field, but we all know consciously and unconsciously that it is not a level playing field!

Caffeine is in all of us from our coffee and Coca Cola!

There is but your too blinkered to see it and it doesn't suit your agenda.

Could you provide factual evidence for a change that the rules are enforced in a biased way which is what you are insinuating .

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38 minutes ago, Brodie said:

Wish there was a level playing field, but we all know consciously and unconsciously that it is not a level playing field!

Caffeine is in all of us from our coffee and Coca Cola!

Do you know which trainers are offering their horses coca cola or coffee ?

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To be fair we are all guilty of taking the drug Caffeine!

There would probably no adult in the western world that hasn’t taken the drug Caffeine!!

Caffeine is the worlds biggest selling  drug as I understand it!

Caffeine is a LEGAL drug and sold worldwide!

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47 minutes ago, Fartoomuch said:

There is but your too blinkered to see it and it doesn't suit your agenda.

Could you provide factual evidence for a change that the rules are enforced in a biased way which is what you are insinuating .

Impossible and they know it.

No different to me saying there are cafers on here that were scoutmasters and priests and every now and then make a snide remark about one of them. 

Wouldnt they bellow then?

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