http://www.caselaw.nsw.gov.au/action...?jgmtid=173075
The matter is listed for hearing on 29 September with an estimate of five days;
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http://www.caselaw.nsw.gov.au/action...?jgmtid=173075
The matter is listed for hearing on 29 September with an estimate of five days;
Thanks Trish, much appreciated. So it finished today. Though one rumour already circulating around these parts is that it got thrown out on the first day :)
Just wondering what has happened to them.Havent had horses nominated for awhile now and havent seen Col around.I know they were due to go to court re Cobalt chloride but cant find any details anywhere.
Do any of you guys know whats happening as he is a nice bloke.
Answering my own question lost the court case and now will have to front the stewards re cobalt chloride.The national body have agreed on a standard reading so will be in effect nationwide About time.
Hi Brian.
In my opinion I believe the threshold is WAY TO HIGH as I think it only encourages people to use it and I think it should be given the same scrutiny as steroids in that the level should never be exceeded in the horses life. Horses should able to be tested 24/7 for anything.
One question I have is , " are horses tested upon their arrival into the retention barn ?" & if not they bloody well should be.
maybe you can answer that Adam..................thanks.
http://www.harness.org.au/news-artic...?news_id=24659
No surprises from my perspective, not happy seeing people rubbed out but happy to see measures to maintain integrity successfully defended,
The World is a funny place. I trust that the ironic undertones of the defence was not lost on those assembled.
Credit where credit is due. HRNSW must be given a huge pat on the back of the work done to win this court case. If they had lost who knows where trotting would have ended up.
http://www.harnesslink.com/Internati...E-COURT-ACTION
http://www.caselaw.nsw.gov.au/action...?jgmtid=174661
This is from the Harnesslink web site.
I haven't read the entire Supreme Court finding and some will most likely go over my head but I don't understand how anyone would have thought challenging HRNSW's right to implement local rules would fly.
Interesting stuff Toni
With the chances of a false positive being 2.5 Million to 1 at the level of 120 ug/L
I think 120 would be a high enough level
Thanks Brendan
Beautide had a 43 reading
A reading of 50 is said to only have 1 chance in 118 of being a false positive
Thanks Greg, didn't realise that from foals. Would it be against the rules to have a cobalt level over 200 in out of race testing, I don't know if it is, trainers used to be able to use steroids as long as it didn't show up on race day.
I Noticed we didn't get an answer out of Adam regarding the swabbing upon arrival to the retention barn, maybe he can fill us in when he gets a chance.
http://www.harness.org.au/news-artic...?news_id=24690
Hi Kevin, In this article it has a bit at the end about cobalt on your premises.
That's a long list of new & outstanding charges, it will take a while to go through this.........at least we have been brought up to date!.......thank-you HRNSW!
Thanks Greg
Another NSW trainer stood down today - Dick Inskip (was tempted to say he has been dumped ;))
http://www.harness.org.au/news-artic...?news_id=24716
What happens if the points from this win makes a difference to the point score in the series.
Wouldn't you think the positive swabs would slow up, they just keep coming. The prospect of a lengthy stint on the side line doesn't seem to frighten some.
G'day Toni,
I made a forecast some months ago on how widespread the cobalt thing is and it seems despite the heads up provided by the HRNSW integrity unit many people are still living in dreamland thinking they can continue to treat their horses the way they always have!!
Just because a treatment regime didn't swab last year doesn't mean the industry "police" haven't worked it out yet...many of the people going for cobalt have been "treating" their horses during the week for the same way for a loonngg time! and for some reason are having trouble coming to grips with the fact as of a few months ago they cannot continue.Hence the continual flow of cobalt positives......it's quite similar to the bi-carb thing about twenty years ago, many people were feeding/drenching big doses of bi-carb thinking there was nothing wrong with it, and to a certain extent they were right, until a relable test and thresholds were implemented.....and here we are twenty years later and some people are STILL pushing the bouindaries on THAT ONE!
The mentality seems to be for some people that keep pushing until you get busted...then try something else and keep pushing until you get busted FOR THAT!
I think it is no co-incidence that we have so many repeat offenders, it's a personality thing in my humble opinion.
Cheers,
Dan
It is definatly a "mind set" thing with an ego twist in my opinion - I am guessing alot of trainers are so overwhelmingly convinced in their minds that their horses "have" to have something without question & are so gung ho about it that all rational thoughts go out the window - also the fear of your team drastically under performing running "on the engine only" after previously having help is where the ego factor kicks in - not to mention the financial side of things,i guess some think its worth the risk to keep the money coming in to continue their life style - also the mentality that everyone who has success is using something so I will too...it goes round n round & pretty much a vicious circle
Never give up...........
Quote:
Harness Racing New South Wales has adjourned the steward’s inquiries set down for today into the Cobalt cases involving Neil Day and Dean McDowell.
Cobalt above the threshold was detected in urine samples taken from Benzi Mash following its win at Goulburn on February 24, 2014 as well as McDowell’s runners - Chevals Charlie and The Twilight Dancer - at Bankstown on February 28, 2014.
The adjournment was granted following Day and McDowell lodging a Notice of Appeal against the decision of Justice Adamson on October 14 in the NSW Court of Appeal.
A copy of that decision can be found at
http://www.caselaw.nsw.gov.au/action...?jgmtid=174661
Day and McDowell also simultaneously filed two applications - one with the Court of Appeal and one with the Supreme Court - seeking an injunction against the inquiries proceeding.
The application to the Supreme Court has been dismissed. The application to the Court of Appeal will be heard on Monday, October 27.
The steward’s inquiries have been adjourned to allow the hearing of the injunction application by the Court of Appeal.
The inquiries have been reconvened as follows:
The inquiry involving Day has been adjourned to 2pm Tuesday, October 28;
The inquiry involving McDowell has been adjourned to not before 3.30pm Tuesday, October 28.
Both Day and McDowell have been suspended pursuant to Rule 183, and cannot perform any duties that would otherwise require a licence.
They have not sought to challenge the suspension as part of their current injunction applications pending the hearing of the appeal, but have sought to have the inquiries adjourned pending finalisation of that appeal.
HRNSW Media
I have asked this question in a round about way a couple of times to someone like Adam that I would like answered.
So Adam I will ask you directly , can you please tell me if horses are swabbed as they arrive INTO the retention barn?
If you do not know off hand can you tell me who to direct this question to or find out for everyone.
Thank you.
So no HRNSW inquiry until their appeal against the decision made by the NSW Court of Appeal (which acknowledged the authority of HRNSW) is heard through the courts
So it seems Kevin.
In an article from Harnesslink news it says......
While the situation has been viewed mainly as a cobalt issue, the broader ramifications could have disastrous for the industry had Day and McDowell been triumphant.
In fact, success would have forced the sport to shut down according to HRNSW Manager of Integrity, Reid Sanders
I really fair dinkum pray for a sensible resolution to this.....not surprised by the appeal so much as surprised by the challenge in the first instance,.....the law can prove to be as frustrating as it can be enlightenining and helpful.
You've finally surfaced...........must have been a good celebration!