Racing and Wagering Western Australia stewards have concluded the inquiry regarding the report from Chem Centre in Perth that metformin was detected in a sample taken from Whos The Dad, trained by Kevin Charles, following it racing in, and winning, Race 8 at Gloucester Park on 13 October 2023.
Metformin is classified as an oral anti-hyperglycaemic medication, indicated for use in the management of diabetes in humans.
After hearing evidence at a stewards inquiry conducted on 11 April 2024, Mr Charles pleaded guilty to a charge issued pursuant to Harness Rule of Racing 190 (1), (2) & (4) with the particulars being:
Particulars
that Mr Kevin Charles as the trainer, presented Whos The Dad to race in Race 8 at Gloucester Park on 13 October 2023, where it raced and finished first, not free of the prohibited substance Metformin which is a prohibited substance as declared under Rule 190A(2)(j).
After hearing submissions on penalty, the panel reserved its decision.
As a result of further submissions emailed to the panel during the period of deliberation by Mr Charles on 21 April 2024, the inquiry was resumed on 7 May 2024 to hear his submissions with respect to those materials.
Having now considered all matters, the panel determined to impose a disqualification of six (6) months, effective as of the date his licences were suspended pending outcome of this matter, that being 6 March 2024.
Accordingly, this penalty will expire on 6 September 2024.
In accordance with the conditions as set out within the determination, stewards directed that the restrictions on the conduct of breeding activities do not come into effect for the duration of the period of disqualification.
When determining penalty, stewards considered, among other things:
- Mr Charles guilty plea and overall record over many years of licensed involvement, which indicated two previous offences in relation to the prohibited substance rules.
- That the reported level was low, and in the absence of any circumstantial evidence regarding direct administration, it was a level consistent with potential environmental contamination.
- That any potential environmental contamination was attributable to the direct actions of a person employed by Mr Charles during his period of incapacitation.
- The intent and purpose of the rule which was directed to ensuring a level playing field and maintaining the necessary confidence of those supporting or involved in the racing industry.
- That there were no registered medical formulas containing metformin approved for the use in horses in Australia and it is not generally regarded as having any legitimate therapeutic use in racing horses.
- The evidence that metformin was a specified prohibited substance under Rule 190A (2)(j) by virtue of having an action or effect as an Adenosine Monophosphate Kinase (AMPK) Activator and was thus considered to be a permanently banned substance.
- Penalties issued in Western Australia for a range of substances which reflected that those concerning permanently banned substances attracted higher levels of penalty, commonly lengthy disqualifications, as compared to penalties issued for the detection of routine veterinary therapeutics.
Further, acting under Harness Rule of Racing 195 the Stewards determined to disqualify Whos The Dad from the race in question with the placings to be amended accordingly with the commensurate implications to all stake money and payments to apply.