(HRNSW) Stewards commenced an Inquiry on 5 October 2017 into the results of the following out-of-competition blood samples taken from horses in the care of trainer Mr :
FRANCO TIAGO NZ Sample collected on 17 April 2016
WALKABOUT CREEK Sample collected on 17 April 2016
FRANCO TIAGO NZ Sample collected on 18 April 2016
WALKABOUT CREEK Sample collected on 18 April 2016
WALKABOUT CREEK Sample collected on 3 May 2016
Those samples were reported to contain the prohibited substance Peptide VNFYAWK.
On 5 October 2016, HRNSW Stewards issued eight (8) charges against Mr Simiana and adjourned the Inquiry to allow Mr Simiana to consider those charges.
The Inquiry resumed on 7 December 2016 at which time Mr Simiana’s legal representatives made a number of requests and further applications.
Following correspondence between the parties, due to the fact that no submissions were received from Mr Simiana in response to the charges issued by 20 January 2017, HRNSW Stewards considered the matter on the evidence that was before them, in the absence of any submissions.
Mr Simiana was found guilty of all charges and advised through his legal representative of that decision.
Mr Simiana was provided with an opportunity to provide submissions in relation to the matter of penalty by COB 3 February 2017.
Following an extension until COB 7 February 2017, no submissions were received and HRNSW Stewards considered the matter of penalty.
Mr Simiana was issued with the following penalties:
- In relation to Charges 1,2,3,4 & 7, pursuant to Australian Harness Racing Rule (AHRR) 190A(1)(a), Mr Simiana was disqualified for a period of six (6) years to be served concurrently;
- In relation to Charges 5,6 & 8, pursuant to Australian Harness Racing Rule (AHRR) 196A(1)(i) & (2) Mr Simiana was disqualified for a period of ten (10) years to be served concurrently.
HRNSW Stewards ordered that the two (2) periods of disqualification imposed be served cumulatively.
Therefore Mr Simiana was disqualified for a total period of 16 years to commence from 28 July 2016, the date upon which he was stood down.
HRNSW Stewards also considered the disqualification of the subject horses pursuant to Australian Harness Racing Rule (AHRR) 190A(1)(b) as follows:
AHRR 190A (1) When a sample taken at any time from a horse being trained or cared for by a licensed person has detected in it any prohibited substance specified in sub-rule (2):-
(b) The horse may be disqualified from any race in which it has competed subsequent to the taking of such a sample where, in the opinion of the Stewards, the prohibited substance was likely to have had any direct and/or indirect effect on the horse at the time of the race.
Consequently, Stewards ordered the following disqualifications:
- FRANCO TIAGO NZ be disqualified as the winner of Race 5 at Tabcorp Park Menangle on 19 April 2016;
- FRANCO TIAGO NZ be disqualified as the winner of Race 2 at Tabcorp Park Menangle on 30 April 2016;
- WALKABOUT CREEK be disqualified from its fourth place at Tabcorp Park Menangle on 19 April 2016;
- WALKABOUT CREEK be disqualified from its second place at Dubbo on 29 April 2016;
- WALKABOUT CREEK be disqualified from its third place at Tabcorp Park Menangle on 14 May 2016.
In addition, HRNSW Stewards ordered that Mr Simiana pay to HRNSW within 14 days of being advised of the Steward’s Decision, the sum of $15,000 as costs pertaining to the analytical tests that were costs borne by the Controlling Body in relation to the prohibited substances from his horses, pursuant to NSW Local Rule 256A as follows:
NSWLR256A (1) The Stewards, having determined after an inquiry or investigation to impose a penalty upon a person for a breach of, or offence under, these Rules, may make such order as they think fit as to the payment of costs by that person in part or full of any costs and expenses incurred by the Controlling Body in connection with that inquiry or investigation.
(2) A costs order made under this Rule is additional to, and does not form part of, any penalty imposed upon the person. However the order as to costs does form part of the decision made by Stewards, and is not intended to be protected from any rights of Appeal the person may have.
(3) A costs order is payable as a debt to the Controlling Body within 14 days of notification of the quantum of the order, whether orally or in writing, to the person. Failure to comply with the terms of payment, or to enter into a payment arrangement satisfactory to the Controlling Body, may lead to the person being placed on the Unpaid Forfeit List.
Mr Simiana has lodged an appeal.
MICHAEL PRENTICE | INTEGRITY OFFICER
(02) 9722 6600 • firstname.lastname@example.org
GRAHAM LOCH | CHAIRMAN OF STEWARDS
(02) 9722 6600 • email@example.com