Racing and Wagering Western Australia (RWWA) stewards have concluded their inquiry in relation to races contested by Star Present following a report from Chem Centre in Perth, subsequently verified by Racing Analytical Services Ltd (VIC), that testosterone and boldenone had been detected in the sample taken from Star Present following it competing in and winning Race 4 at Ascot on 9 April 2022.
Trainer Mr Lewthwaite was disqualified in March for a period of 10 months under AR240 (2) in relation to this matter, which is currently pending appeal before the Racing Penalties Appeal Tribunal, listed for 17 July 2023.
A hearing was conducted on 29 May 2023 to afford the managing owner of Star Present, Ms C Cheng, a final opportunity to make submissions and present evidence in addition to that which had already been adduced through the course of the inquiry, with respect to the possible application of Rules AR240, AR242 (b) and AR248 (4) as set out below.
At that hearing, Ms Cheng, assisted by others, made submissions and presented further evidence.
After considering those submissions, the stewards have determined the following:
- Pursuant to AR240 – to disqualify Star Present from winning Race 4 at Ascot on 9 April 2022 with placings to be amended accordingly and any stake monies to be forfeited and returned.
In determining this aspect, it was noted amongst other things, that the rule in question is framed in absolute terms unless the stewards are satisfied on the basis of scientific or analytical evidence that the level in the sample was of endogenous origin and/or the result of endogenous activity.
- Pursuant to AR242 (b) – to disqualify Star Present from the following races:
- Ascot 23 April 2022- 3rd
- Pinjarra 5 May 2022- 1st place.
- Belmont 21 May 2022- 6th place.
- Kalgoorlie 29 May 2022- 2nd place.
In determining this aspect, it was noted amongst other things, that the intent and purpose of this rule is to address the potential unfairness that arises where a horse has had such a substance present whose potential impacts on performance endure even after the substance in question is no longer present. The length of exclusion prescribed by AR248, namely 12 months, reflects the industries intent and approach in relation to the regulation of this permanently banned substance.
- Pursuant to AR248 (4) – that Star Present is not permitted to start in any race, official trial or jump-out for a period of 12 months and until after an Anabolic Androgenic Steroid Clearing Certificate is provided. As the period of 12 months has already elapsed, the required certificate must be produced if the mare is to return to racing.
The matter is now concluded before the stewards.