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ORDER OF THE STEWARDS

 

ORDER OF THE STEWARDS

The Stewards of the Royal Calcutta Turf Club assembled on Tuesday, 23rd July, 2019 in the Stewards Enquiry Room, Reserve Stand, Calcutta Race Course to enquire into the positive finding of “16 beta hydroxystanozolol”, a prohibited substance (Anabolic Steroid) in the  urine sample taken on 1st January, 2019 from dk b g DEAN’S DAYLE trained by Mr. Rutherford Alford and owned by M/s Sohna Stud Farm Pvt Ltd., following its run in Race No. 73 – The Calibre Handicap held on 1st January, 2019.

The Stewards perused the proceedings of the internal enquiries conducted by Mr. Rutherford Alford in his stable and the proceedings of enquiries conducted by the Stipendiary Stewards on Md Nizamuddin, Jemadar of Tr. Rutherford Alford, Mr. Dashrath Paswan, Syce of DEAN’S DAYLE and Trainer Mr. Rutherford Alford.

Trainer Mr. Rutherford Alford and his Spokesperson Trainer Mr. D M David were called in :

Mr. Rutherford Alford when asked whether he had any new documents or otherwise to place before the Stewards stated that he had no new documents other than what he had earlier submitted to the Enquiry Officers.

 

Mr. Rutherford Alford was informed that the Stewards of the RCTC shall be applying their mind to the below mentioned charge brought against him by the Enquiry Officers of the Club.

“Rule114(b)(i)If his conduct or negligence or neglect in the performance of his duties as a licenced professional has led or could have led to a breach of the Rules of Racing. - in that dk b g DEAN’S DAYLE under your charge had infringed the medication rules (Calendar Notification under the heading “BAN ON ADMINISTRATION OF ANABOLIC STEROIDS, AMONGST OTHERS, ON HORSES IN COMPETITION, TRAINING AND SPELLING” which reads as “The Stewards of the RCTC at their meeting held on 17th August, 2013 have adopted a zero tolerance policy to the use of Anabolic Steroids (except for therapeutic use with prior permission from the Club’s Veterinary Officer) in competition, training and spelling and will institute heavy penalties for breaches of the ban.  Consequently, Anabolic Steroids have been removed from the list of Classification of drugs as published in the Rules of Medication of the RCTC.  Henceforth, should the urine sample of any horse whenever tested, be reported  positive for the presence of any Anabolic Steroid, the Stewards of the RCTC will deal with such case, at their absolute discretion”.

Mr. D M David, Spokesperson thanked the Stewards for allowing him to represent Mr. Alford and on being asked, clarified that he himself had seven medication infringement cases against him.

Mr. D M David made the following submissions :-

  1. dk b g DEAN’S DAYLE is not a sound horse as it had some back problems for which it had been treated.
  1. This is the first infringement of medication rules by Tr. Rutherford Alford.
  1. That Mr. Alford has been performing his duties as always and hence the charge of “negligence in the performance of his duties” does not arise and no culpability was proved by the Enquiry Officers.
  1. That negligence was also committed by the Turf Club in that :-
  1. In a letter signed by Tr. Alford addressed to the Secretary RCTC  stating that he was satisfied with the procedure of collection of the urine sample, the acknowledgement portion of the same letter was not signed by the Secretary.(No credence was given to the statement as the Secretary is the recipient of the letter in question and his signature or lack of it has no bearing on the positive finding of the animal or otherwise).
  1. Stabling yard of horses was not secure.
  1. The recording of CCTV camera was not available at the sampling yard.
  1. There could have been a mix up in the sample bottles as there were four other horses sampled on the same day.
  1. Tr. Alford did not opt for ‘B’ sample test as he was unable to afford the cost of  testing from the authorized Laboratories and further he was unable to get an “installment basis” payment from the Club.
  1. That the drug had no effect on the horse as it did not improve its performance in that and the next race in which it participated.
  1. In conclusion he mentioned that that the word “negligence” is only technical which has not been proved in this case and requested the Stewards to have sympathy on Mr. Alford.

The Stewards noted the following :-

  1. That on an application made by Mr. Rutherford Alford he was granted a license to train race horses for the Season 2018-2019 i.e., valid from 1st May 2018 to 30thApril, 2019 subject to the Rules of the Royal Calcutta Turf Club and Notices published in the Racing Calendar of the Royal Calcutta Turf Club.
  1. That the Club vide their Notice dated 21st  September 2013 published in the Racing Calendar under the heading TO ALL OWNERS/TRAINERS AND VETERINARIANS  BAN ON ADMINISTRATION OF ANABOLIC STEROIDS AMONGST OTHERS ON HORSES IN COMPETITION TRAINING AND SPELLIING which reads as “The Stewards of the RCTC at their meeting held on 17th August, 2013 have adopted a zero tolerance policy to the use of Anabolic Steroids (except for therapeutic use with prior permission from the Club’s  Veterinary Officer) in competition, training and spelling and will institute heavy penalties for breaches of the ban.  Consequently, Anabolic Steroids have been removed  from the list of Classification of  drugs as published in the Rules of Medication of the RCTC.  Henceforth, should the urine sample of any horse, whenever tested, be reported positive for the presence of any Anabolic Steroid, the Stewards of the RCTC  will deal with such case, at their absolute discretion”.
  1. That the use of Anabolic Steroids on animals has been banned by the Government of India (except for therapeutic use) as per the Prevention of Cruelty to Animals Act 1960 under the Notification of the Govt of India in the Ministry of Social Justice and Empowerment No. S.0. 1161(E) dated 26th December 2000 in the Gazette of India.
  1. That “16 beta hydroxystanozolol” is a prohibited substance and falls under the category of “Anabolic Steroids”.
  1. The Note of the Veterinary Officer, RCTC states that the routes of administration of the drug in question is orally or through intra-muscular.  It is marketed in the form of Tablets, Injections.
  1. That Mr. Rutherford Alford was the trainer of  dk b g DEAN’S DAYLE when the post race urine sample was taken from the gelding  on 1st January, 2019
  1. That the urine sample of dk b g DEAN’S DAYLE  returned positive for “16 beta hydroxystanozolol” from The QuantiLab, Mauritas  on 16th January, 2019.
  1. That a copy of the report of the QuantiLab, Mauritas confirming the presence of ANABOLIC STEROID “16 beta hydroxystanozolol” having a concentration of 1.3 ng/ml was provided to Mr Rutherford Alford.
  1. That Trainer Mr. Rutherford Alford and the concerned Owner were given an opportunity to opt for a confirmatory analysis ‘B’ sample from any of the three designated laboratories being (i) the Horseracing Forensic Laboratory, New Market, U.K. or (ii) The Laboratory of Federation National Des Course Francaise, France or (iii) The Hong Kong Jockey Club Racing Laboratory. They did not chose to opt for a confirmatory analysis. Therefore, they have deemed to have admitted the analysis of the QuantiLab, Mauritas.
  1. That the RCTC, a member through the Turf Authorities of India, is a signatory to the International Federation of Horseracing Authority Agreement to which the use of anabolic androgenic steroids is banned except for therapeutic use as per Article 6E.
  1. That Md Nizamuddin, Jemadar of Tr. Rutherford Alford when interviewed by the Stipendiary Stewards stated that he has no idea as to how the gelding had tested positive for a prohibited substance.  He stated that there have been occasions when unknown people have entered the stable areas but could not specify any particular person or group of persons.  He further stated that between the hours of 11.30 A.M. to 3.30 P.M. nobody remains in the stable other than on a few  occasions and stated that there was no security person designated in the stable.
  1.  That Mr. Dashrath Paswan, Syce of DEAN’S DAYLE,  when interviewed by the Stipendiary Stewards stated that the gelding had some hoof and back problems some time ago, for which it was treated by the Club’s Veterinary Officer.  However, he was unaware as to how it had tested positive for a banned substance.  He continued that the gelding is always stabled at the outside area of the main stable and was brought into the main yard three days prior to the designated race.  He further stated that the front gates of his Trainer’s stables do not close properly as it is rusted. The Trainer or Jemadar do not keep a man there to look after the security of the stables.
  1. That Mr. Rutherford Alford  stated before the Enquiry Officers that :-
  1. There is a possibility of the samples being mixed up with other samples taken on the same day.
  1. The concentration of the drug in the A sample report was 1.3 ng/ml and, therefore,  traces should have been present in the result of the subsequent private sample taken by him through the Club on 24.1.2019.
  1. The gelding had various medical problems e.g., back, hoof, castration and is not a good eater.
  1. He admitted that he does not have round the clock security in the stable and that after working hours nobody is designated for stable security.
  1. To the question posed by the Enquiry Officers “as a Trainer it is your responsibility to ensure that your charges are free from detection of any kind of prohibited substance….. etc.”, he replied “I agree Sir that I am responsible for all these things at the same time I am requesting you to help me…..”
  1. That this is the first confirmed case for infringement of medication rules by Trainer Mr. Rutherford Alford under the jurisdiction of the RCTC. 

After due deliberations the Stewards were of the opinion that :-

  1. The possibility of mixing up of urine sample bottles is ruled out as the sample of the gelding in  question was taken after its run in  the 2nd race of the day  which was held at 12.30 P.M. on 1st January 2019.  Jemadar Md. Nizamuiddin was present throughout the procedure and this was also confirmed by the Jemadar and Trainer’s signature on the urine sample collection card.  The next sample  collected on that day was for the 6th race of the day which was held at 2.40 P.M. i.e., 2 hours and 10 minutes later.
  1. The connections of the gelding did not opt for the ‘B’ sample analysis.
  1. The private urine sample taken by Tr. Rutherford Alford on 24.1.2019 and sent to NDTL which returned negative has no bearing on the official positive findings of the ‘A’ sample from QuantiLab.  Further the Trainer was unable to produce or make reference to any documentary evidence or otherwise to substantiate his contention that as the level of the drug present in the ‘A’ sample at a concentration of approximately 1.3 ng/ml, should reflect to a degree in the private sample which was taken after 24 days.
  1. The Trainer acknowledged that there was no security in his stable during off duty hours.
  1. The Trainer acknowledged to his signed letter to the Secretary and the Colllection of Urine/Blood and Saliva Form that he was satisfied with the procedure followed in the collection of urine and its subsequent sealing and packing.
  1. This is the first confirmed case for  infringement of medication rules by Trainer Mr. Rutherford Alford under the jurisdiction of the RCTC.

Therefore, the Stewards found Mr. Rutherford Alford in breach of Rule 114 (b) (i) of the RCTC Rules of Racing and the Medication Rules.

Further the Stewards of the RCTC were of the opinion that the positive finding of “16 beta hydroxystanozolol” in the urine sample of dk b g DEAN’S DAYLE was a grave injustice to the welfare of the animal and to the integrity of the sports of racing. 

The Stewards of the R.C.T.C., the custodians of the Rules of Racing, while deciding on the quantum of punishment to the trainer,  took into consideration the following :-

1.         The trainer’s past record of infringement of medication rules and that this is the first  infringement case of medical rules for an Anabolic Steroid.

2.         The norms of punishment as published in the RCTC Racing Calendar for the 1st infringement of medical rules i.e., positive findings for Anabolic Steroids in a race horse is “disqualification for a period of 11 months”

                                              And;

They decided  to withdraw the trainer’s license granted to Mr. Rutherford Alford with immediate effect  and to treat him as a disqualified person under Rule 114 ( c) (iii) and 203 of the RCTC Rules of Racing up to 22nd June, 2020.

Mr. Rutherford was informed of his right to appeal under Rule 46(a) of the RCTC Rules of Racing.

 

Sd/- x x                                                                                               Sd/ x x

____________________                                                                  ____________________

Mr. Enrico Piperno                                                                             Mr. H P Ramchandani

Steward                                                                                               Steward

 

Sd/- x x x ______________________

Mr. Rustom Daroga

Steward

Dated : 23.07.2019

 

ORDER OF THE STEWARDS

The Stewards of the RCTC assembled after the last race on Saturday, 16th February, 2019 in the Reserve Stand, Calcutta Race Course, to enquire into the charges under Rule 202(i), 202 (iv), 202(v), 202(viii), 202(xiv), 202(xv) and 202(xvi) of Part XXV of the RCTC Rules of Racing under the heading “CORRUPT PRACTICES, DISQUALIFICATIONS AND OFFENCES”, framed against Trainer Mr. Shyam S Habbu in that by his own written submissions to the Enquiry Officers of the RCTC, he had added the names of the mentioned share holders in b g SOUTHPAW i.e.,  Sprinters & Stayers L’Stk Pvt Ltd rep. by Mr. Kapil Bahl & Mr. Surendra Kumar Bagri and self i.e., Mr. Faisal Abbas in the Sale Form dated 18.12.2018 without their authorization to do so and lodged the same for registration of sale with the Royal Calcutta Turf Club.

Trainer Mr. Shyam S Habbu was called in :

The Stewards noted that “-

  1. Mr. Shyam Habbu stated that he had no further submissions to place before the Stewards.
  2.  

2          He stands by his written statements to the Enquiry Officers.

3.         He accepted that he had no authorization to add the names of two concerned i.e., Sprinters & Stayers L’Stk Pvt Ltd rep. by Mr. Kapil Bahl & Mr. Surendra Kumar Bagri and self i.e., Mr. Faisal Abbas

The Stewards after due deliberations found Mr. Shyam S Habbu guilty under Rule 202 (i) of the RCTC Rules of Racing and taking into consideration his submissions and his past record, decided to fine him a sum of Rs. 50,000/- .  Further, he was  cautioned that should he in future commit a dishonest or improper practice, he would be dealt with severely.

Mr. Shyam S Habbu was informed of his right to appeal.

 

Sr. Stipendiary Steward                                                                                 Stipendiary Steward

Royal Calcutta Turf Club

16.2.2019

 

 

 

ORDER OF THE STEWARDS

The Stewards of the Royal Calcutta Turf Club assembled on Tuesday, 4th September, 2018 in the Stewards Enquiry Room, Reserve Stand, Calcutta Race Course to enquire into the positive finding of “BOLDENONE”, a prohibited substance (Anabolic Steroid) in the pre-race/random urine sample taken on 29.06.2018 from b g MAGIC IN THE AIR trained by Mr. Patrick Quinn and owned by Begum Shaherbanoo Hussain Lagad,  Mrs. Manvi Gupta,  Ms. Shashikala R Lokhande, Mr. Syed Mehmood Ahmed, Mr. Rajmohammad S Shaikh,  Mr. Vijay V Shah, Mr. Ajay K Arora, Mr. Soumitra Banerji & Mr. Waahiid Ali Khan

 

The Stewards perused the proceedings of enquiries conducted by the Stipendiary Stewards and thereafter interviewed Trainer Mr. Patrick Quinn.

Mr. Patrick Quinn was asked whether he had any documents to place before the Stewards and noted his statement that he had none to place before the Stewards.

Mr. Patrick Quinn was informed that there were three Charges leveled against him and the Steward will be applying their mind to each case individually.

1st CHARGE :

Rule 202(vi) – Any owner, nominator, trainer, jockey, lessee, apprentice, stable hand, bookmaker or bookmakers assistant or any person who either willfully refuses to attend and give evidence at an enquiry when requested by the Stewards/Stewards of the Club/Stipendiary Stewards to do so, or knowingly gives evidence which is false or misleading in any particular”In spite of repeated requests made by the Vice President – Racing & Sr. Stipendiary Steward, RCTC, vide his office letters dated 3rd August, 7th August and 11th August, 2018 to make himself available before the Stipendiary Stewards, RCTC for an enquiry into the positive finding of “BOLDENONE” (a steroid) in a pre-race/random urine sample of his charge b g MAGIC IN THE AIR taken on 29 June 2018,  he had failed to appear before them within the stipulated time given to you”.

The Stewards noted the following :-

  1. That Mr. Patrick Quinn when questioned as to how he pleads to the above charge leveled against him stated “Not guilty”.
  1. That the scheduled enquiry by the Stewards slated for the evening of 28th August, 2018  was  postponed to 4th September, 2018 by the Stewards on a request made by Mr. Patrick Quinn vide his mail dated 27th August, 2018 requesting the Stewards to postpone their enquiry by approximately seven days so that he may record his statements in the Hastings Police Station and find a suitable spokesperson and he may finish his enquiry.
  1. That the Stipendiary Steward had sent three notices dated 3rd August, 7th August and 11th August, 2018 directing  Mr. Patrick Quinn to appear before the Stipendiary Stewards for an enquiry into the positive finding of BOLDENONE in a pre-race/random sample of his charge b g MAGIC IN THE AIR.
  1. That Mr. Patrick Quinn instead of making him self available before the Stipendiary Stewards had taken the following steps:-
  1. Had sent a mail on 4thAugust, 2018 informing the Stipendiary Steward, RCTC, that he had been advised by his advocate not to comment on this subject as directed by the OC Hastings Police Station.
  1.  Had sent a Notice dated 7th August, 2018 through his advocate Ms. Amrin Khatoon who had called upon the RCTC not to contact her client as it contravenes the order from  the Learned Chief Metropolitan Magistrate.
  1. Had sent a mail on 14th August, 2018 to the RCTC informing that he would be unable to co-operate with the RCTC in any enquiry and/or furnish any statement as he had been instructed by the Investigating Agency at the Hastings Police Station not to do so till such time his statement is recorded at the Hastings Police Station and the ongoing investigation is completed by the Police.
  1. That Mr. Patrick Quinn as on date of this enquiry i.e., on 4th September, 2018 had not  produced any documentary evidence before the Stewards, RCTC, from either the Learned Chief Metropolitan Magistrate, Kolkata or the Investigating Agency of the Hastings Police Station restricting the RCTC from conducting its own enquiry as per the RCTC Rules of Racing.
  1. That till the date of this enquiry i.e., 4thSeptember, 2018 the RCTC had received no communication directly or indirectly from any investigating authority or the Learned Chief Metropolitan Magistrate, Kolkata restricting the Club from proceeding with its own enquiry under its Rules.
  1. That on an application made by Mr. Patrick Quinn he was granted a license to train race horses for the Season 2018-2019 i.e., valid from 1st May 2018 to 30thApril, 2019 subject to the Rules of the Royal Calcutta Turf Club and Notices published in the Racing Calendar of the Royal Calcutta Turf Club.
  1. That Mr. Patrick Quinn during the course of the Stewards enquiry was informed that had he appeared before the enquiry Officers of the RCTC they would have joined him in his enquiry to which he replied – “what help can I take from you when the police investigation is on".
  1. That Mr. Patrick Quinn during the course of enquiry stated that he would produce the following day a letter from the Investigating Agency of the Hastings P.S. instructing him not to co-operate with the RCTC enquiry.
  1. That all other concerned professionals i.e., Trainer, Syce, Jemadar, Assistant Trainer who were summoned by the Enquiry Officers of the RCTC pertaining to the above case made themselves available to the Enquiry Officers and their statements were recorded and the same were also handed over to Mr. Patrick Quinn.

After due deliberation the Stewards found Mr. Patrick Quinn  guilty of violating Rule 202(vi)of the RCTC Rules of Racing to which Mr. Patrick Quinn on being granted a license was subject to adhere.  Mr. Patrick Quinn  was informed of the opinion of the Stewards and their decision to fine him a sum of Rs. 50,000/- under Rule 202 of the RCTC  Rules of Racing.

Mr. Patrick Quinn was informed of his right to appeal under Rule 46(a) of the RCTC Rules of Racing.

Sd/- x x x                                                                    Sd/- x x x

_______________________                                    ______________________

Mr. Cyrus J Madan, In the Chair                               Mr. Harish Ramchandani

Steward                                                                       Steward

 

Sd/- x x x                                                                    Sd/- x x x

__________________________                                ______________________

Mr. Rustom E Daroga                                                            Mr. Enrico Piperno

Steward                                                                       Steward

Sd/- x x x

_________________________

Dr. Darius Anklesaria

Steward

Place : Kolkata

Dated : 4th September, 2018

 

 

ORDER OF THE STEWARDS

The Stewards of the Royal Calcutta Turf Club assembled on Tuesday, 4th September, 2018 in the Stewards Enquiry Room, Reserve Stand, Calcutta Race Course to enquire into the positive finding of “BOLDENONE”, a prohibited substance (Anabolic Steroid) in the pre-race/random urine sample taken on 29.06.2018 from b g MAGIC IN THE AIR trained by Mr. Patrick Quinn and owned by Begum Shaherbanoo Hussain Lagad,  Mrs. Manvi Gupta,  Ms. Shashikala R Lokhande, Mr. Syed Mehmood Ahmed, Mr. Rajmohammad S Shaikh,  Mr. Vijay V Shah, Mr. Ajay K Arora, Mr. Soumitra Banerji & Mr. Waahiid Ali Khan

The Stewards perused the proceedings of enquiries conducted by the Stipendiary Stewards and thereafter interviewed Trainer Mr. Patrick Quinn.

 

Mr. Patrick Quinn was asked whether he had any documents to place before the Stewards and noted his statement that he had none to place before the Stewards.

Mr. Patrick Quinn was informed that the Stewards of the RCTC shall be applying their mind to the 2nd charge brought against him by the Enquiry Officers of the Club.

2nd CHARGE : Under Rule 114 (b) (i) of the RCTC Rules of Racing read with the medication rules which are reproduced below.

“Rule114(b) – In addition to or in lieu of any other penalties or punishments as may be laid down under these Rules of Racing, a Trainer may be fined, suspended or disqualified by the Stewards:- (i)If his conduct or negligence or neglect in the performance of his duties as a licenced professional has led or could have led to a breach of the Rules of Racing.”

The medication rules (Calendar Notification under the heading “BAN ON ADMINISTRATION OF ANABOLIC STEROIDS, AMONGST OTHERS, ON HORSES IN COMPETITION, TRAINING AND SPELLING” which reads as “The Stewards of the RCTC at their meeting held on 17th August, 2013 have adopted a zero tolerance policy to the use of Anabolic Steroids (except for therapeutic use with prior permission from the Club’s Veterinary Officer) in competition, training and spelling and will institute heavy penalties for breaches of the ban.  Consequently, Anabolic Steroids have been removed from the list of Classification of drugs as published in the Rules of Medication of the RCTC.  Henceforth, should the urine sample of any horse whenever tested, be reported  positive for the presence of any Anabolic Steroid, the Stewards of the RCTC will deal with such case, at their absolute discretion; and the Calendar Notification under the heading “MEDICATION AND TREATMENT OF HORSES IN TRAINING AND RACING AND ANTI-DOPING CONTROL” which reads as “The Trainer shall always be responsible for the feeding, management, protection and security of the horses in his care taking all reasonable precautions with the horses to avoid their exposure to prohibited substances contrary to the rules of the Horseracing Authority.  The trainer shall keep himself informed of the possible consequences of treatment given to horses.  Trainers are warned that they will be held responsible if on examination of a horse results in the finding of a prohibited substances.  The Club is in no way responsible for the protection and security of the horses”.

The Stewards noted the following :-

  1. That Mr. Patrick Quinn when questioned as to how he pleads to the above charge leveled against him stated “Not guilty”.
  1. That the scheduled enquiry by the Stewards slated for the evening of 28th August, 2018  was  postponed to 4th September, 2018 by the Stewards on a request made by Mr. Patrick Quinn vide his mail dated 27th August, 2018 requesting the Stewards to postpone their enquiry by approximately seven days so that he may record his statements in the Hastings Police Station, find a suitable spokesperson and he may finish his enquiry.
  1. That the Stipendiary Steward had sent three notices dated 3rd August, 7th August and 11th August, 2018 directing  Mr. Patrick Quinn to appear before the Stipendiary Stewards for an enquiry into the positive finding of BOLDENONE in a pre-race/random sample of his charge b g MAGIC IN THE AIR.
  1. That Mr. Patrick Quinn instead of making him self available before the Stipendiary Stewards had initiated the following actions :-
  1. Had sent a mail on 4th August, 2018 informing  the Stipendiary Stewards, RCTC, that he had been advised by his Lawyer not to comment on this subject as directed by the OC Hastings Police Station.
  2.  Had sent a Notice dated 7th August, 2018 through his Lawyer Advocate Amrin Khatoon who had directed the RCTC not to contact her client as it contravenes the order from  the Learned Chief Metropolitan Magistrate.
  1. Had sent a mail on 14th August, 2018 to the RCTC informing that he would be unable to co-operate with the RCTC in any enquiry and/or furnish any statement as he had been instructed by the Investigating Agency at the Hastings Police Station not to do so till such time his statement is recorded at the Hastings Police Station and the ongoing investigation is completed by the Police.
  1. That Mr. Patrick Quinn as on date of this enquiry i.e., on 4th September, 2018 had not  produced any documentary evidence before the Stewards, RCTC, from either the Learned Chief Metropolitan Magistrate, Kolkata or the Investigating Agency of the Hastings Police Station restricting the RCTC from conducting its own enquiry as per the RCTC Rules of Racing.
  1. That till the date of this enquiry i.e., 4thSeptember, 2018 the RCTC had received no communication directly or indirectly from any investigating authority or from the Learned Chief Metropolitan Magistrate, Kolkata restricting the Club from proceeding with its own enquiry under its Rules.
  1. That on an application made by Mr. Patrick Quinn he was granted a license to train race horses for the Season 2018-2019 i.e., valid from 1st May 2018 to 30thApril, 2019 subject to the Rules of the Royal Calcutta Turf Club and Notices published in the Racing Calendar of the Royal Calcutta Turf Club.
  1. That the Club vide their Notice dated 21st  September 2013 published in the Racing Calendar under the heading TO ALL OWNERS/TRAINERS AND VETERINARIANS  BAN ON ADMINISTRATION OF ANABOLIC STEROIDS AMONGST OTHERS ON HORSES IN COMPETITION TRAINING AND SPELLIING which reads as “The Stewards of the RCTC at their meeting held on 17th August, 2013 have adopted a zero tolerance policy to the use of Anabolic Steroids (except for therapeutic use with prior permission from the Club’s  Veterinary Officer) in competition, training and spelling and will institute heavy penalties for breaches of the ban.  Consequently, Anabolic Steroids have been removed  from the list of Classification of  drugs as published in the Rules of Medication of the RCTC.  Henceforth, should the urine sample of any horse, whenever tested, be reported positive for the presence of any Anabolic Steroid, the Stewards of the RCTC  will deal with such case, at their absolute discretion”.
  1. That the use of Anabolic Steroids on animals has been banned by the Government of India (except for therapeutic use) as per the Prevention of Cruelty to Animals Act 1960 under the Notification of the Govt of India in the Ministry of Social Justice and Empowerment No. S.0. 1161(E) dated 26th December 2000 in the Gazette of India.
  1. That BOLDENONE is a prohibited substance and falls under the category of “Anabolic Steroids”.
  1. The Note of the Veterinary Officer, RCTC states that the route of administration of the drug in question is normally through intra-muscular or as instructed by the manufacturer.
  1. That Mr. Patrick Quinn was the trainer of  b g MAGIC IN THE AIR when the pre-race/random sample was taken from the gelding i.e., on 29 June 2018.
  1. That the urine sample of b g MAGIC IN THE AIR had returned positive for “BOLDENONE” from The National Dope Testing Laboratory, New Delhi on 19 July 2018.
  1. The report of the National Dope Testing Laboratory, New Delhi confirming the presence of ANABOLIC STEROID “BOLDENONE” having a concentration of 926 ng/ml at +/- 25.4 at the uncertainty of 2.16%. A copy of the report was provided to Mr Patrick Quinn.
  1. That the RCTC, a member through the Turf Authorities of India, is a signatory to the International Federation of Horseracing Authority Agreement to which the use of anabolic androgenic steroids is banned except for therapeutic use as per Article 6E - OUT-OF-COMPETITION TESTING.
  1. That Trainer Mr. Patrick Quinn and the concerned Owners were given an opportunity to opt for a confirmatory analysis ‘B’ sample from any of the three laboratories being (i) the Horseracing Forensic Laboratory, New Market, U.K. or (ii) The Laboratory of Federation National Des Course Francaise, France or (iii) The Hong Kong Jockey Club Racing Laboratory. They did not chose to opt for a confirmatory analysis. Therefore, they have deemed to have admitted the analysis of the National Dope Testing Laboratory.
  1. That Mr. Patrick Quinn has filed a Complaint in the Court of the Learned Chief Metropolitan Magistrate,  at Calcutta against Mr. Suraj Shaw (Assistant to Trainer Mr. D M David) and Mr. Kamal (Jemadar/Head Lad of Trainer Mr. D M David) and has not shared any information with the Club as to why he suspects them.
  1. That Mr. Alan Sweeny (Assistant to Trainer Mr. Patrick Quinn), Mr. Mansoor Alam and Md. Fahim (Jemadars/Head Lad of Mr. Patrick Quinn), Mr. Saday Ram (Syce of MAGIC IN THE AIR) and Trainer Mr. Farley Rodrigues (who deputized for Mr. Patrick Quinn in his absence)  were interviewed by the Stipendiary Stewards and all of them claimed their innocence and ignorance in the matter.
  1. That Mr. D M David along with his stable staff namely Mr. Suraj Shaw and Mr. Kamal were interviewed by the Stipendiary Stewards.  Mr. David stated that he was shocked and intrigued that above mentioned two persons  working in his stable were implicated by Mr. Patrick Quinn in the positive finding of MAGIC IN THE AIR and wondered if Mr. Patrick Quinn had the evidence to back up his allegation.
  1. That Mr. Suraj Shaw (Suraj Prasad Shaw) stated at the Stipendiary Stewards enquiry that he was on leave from duty from mid May 2018 to 3rd June, 2018 and that he has no idea why his name had been mentioned by Mr. Patrick Quinn as a conspirator.
  1. Mr. Kamal (Kamaluddin) stated at the Stipendiary Stewards enquiry that he was requested to hand over b g MAGIC IN THE AIR to Mr. Patrick Quinn by Mr. ShadmanNaqvi (Racing Manager of Mr. Waahiid Ali Khan) on 31st May, 2018 evening.  The animal was handed over at approximately 5.45 p.m. the same evening after receiving confirmation from his Trainer Mr. D M David.  He further stated that  he has no idea as to how the gelding returned positive for a banned substance.
  1. That Mr. Patrick Quinn chose not to avail of the opportunity which is available to all professionals to get b g MAGIC IN THE AIR tested for any prohibited substance prior to the horse being handed to him from Mr. D M David.
  1. That Mr. Patrick Quinn vide his e-mail dated 4th August, and 14th August, 2018 informed the Stipendiary Stewards, RCTC, that he had been specifically instructed by the investigating agency at Hastings Police Station not to furnish any statement and/or co-operate in any enquiry unless the ongoing investigation is completed by them.
  1. The past positive case records of horses under the care of Mr. Patrick Quinn under the jurisdiction of the RCTC were :-
  1. SAMARKHAND ran on 25 July 2009 and was tested positive for CAFFEINE (a Class II drug).  Mr. Patrick Quinn was suspended from 3 September 2009 to 1 November 2009 and fined a sum of Rs. 10,000/- for the infringement of medication rules, Rs. 10,000/- for contravening Calendar Notification under heading “bleeding of horses” and a further sum of Rs. 5,000/- for failing to maintain a medical log book.  The horse was disqualified.
  1. BELLA ITALIANA ran on 9 July 2010 was tested positive for FLUNIXIN (a Class IV drug).  Mr. Patrick Quinn was suspended from 22 August 2010 to 20 September 2010 and fined a sum of Rs. 10,000/- for the infringement of medication rules and a sum of Rs. 5,000/- for his negligence in the performance of his duties as a licensed trainer.  The horse was disqualified.
  1. AGATTA ran on 1 November 2015 was tested positive for IBUPROFEN B (a Class IV drug).  Mr. Patrick Quinn was  suspended from 13 March 2015 to 31 March 2015  and from 14July to 24July, 2015  and a  fine of Rs. 10,000/- was imposed.
  1. OCEAN AND BEYOND ran on 23 January 2015 was tested positive for “16-beta-hydroxystanozolol”, which was an Anabolic Steroid.  Trainer’s license granted to Mr. Patrick Quinn was withdrawn from 18 April 2015 to 17March 2016 and he was declared as a disqualified person under Rules 114 ( c )(iii) of the RCTC Rules of Racing
  1. OCEAN AND BEYOND ran on 7 February 2015 was tested positive for 16-beta- hydroxystanozolol which was an Anabolic Steroid.  Trainer’s license granted to Mr. Patrick Quinn was withdrawn from 18March 2016 to 8 May, 2017  and he was declared as a disqualified person under Rules 114 ( c )(iii) of the RCTC Rules of Racing
  1. That Mr. Patrick Quinn made no statement to the Stewards other than that the case is being investigated by the Police and that his statements will be recorded soon.

After due deliberations the Stewards were of the opinion that Mr. Patrick Quinn was negligent in his duties that led to the breach of Rule 114 (b) (i) of the RCTC Rules of Racing and the medication rules.

Further the Stewards of the RCTC were of the opinion that the positive finding of “BOLDENONE” in the urine sample of b g MAGIC IN THE AIR was a grave injustice to the welfare of the animal and to the integrity of the sports of racing. 

The Stewards of the R.C.T.C., the custodians of the Rules of Racing, while deciding on the quantum of punishment to the trainer,  took into consideration the following :-

1.         The trainer’s past record of infringement of medication rules, especially the two earlier instances of positive findings for Anabolic Steroids.

2.         This is the 3rd infringement case of medical rules for an Anabolic Steroid.

3.         The norms of punishment as published in the RCTC Racing Calendar for the 3rd  infringement of medical rules i.e., positive findings for Anabolic Steroids in a race horse which is “disqualification for a period of 3 years”;

                                              And;

They  decided  to withdraw the trainer’s license granted to Mr. Patrick Quinn with immediate effect  and to treat him as a disqualified person under Rule 114 ( c) (iii) and 203 of the RCTC Rules of Racing up to 3rd September, 2021.

Mr. Patrick Quinn was informed of his right to appeal under Rule 46(a) of the RCTC Rules of Racing.

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________________________                                    ______________________

Mr. Cyrus J Madan, In the Chair                               Mr. Harish Ramchandani

Steward                                                                       Steward

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__________________________                                ______________________

Mr. Rustom E Daroga                                                            Mr. Enrico Piperno

Steward                                                                       Steward

Sd/- x x x

__________________________

Dr. Darius Anklesaria

Steward

 

Place : Kolkata

Dated : 4th September, 2018

 

ORDER OF THE STEWARDS

The Stewards of the Royal Calcutta Turf Club assembled on Tuesday, 4th September, 2018 in the Stewards Enquiry Room, Reserve Stand, Calcutta Race Course to enquire into the positive finding of “BOLDENONE”, a prohibited substance (Anabolic Steroid) in the pre-race/random urine sample taken on 29.06.2018 from b g MAGIC IN THE AIR trained by Mr. Patrick Quinn and owned by Begum Shaherbanoo Hussain Lagad,  Mrs. Manvi Gupta,  Ms. Shashikala R Lokhande, Mr. Syed Mehmood Ahmed, Mr. Rajmohammad S Shaikh,  Mr. Vijay V Shah, Mr. Ajay K Arora, Mr. Soumitra Banerji & Mr. Waahiid Ali Khan

The Stewards perused the proceedings of enquiries conducted by the Stipendiary Stewards and thereafter interviewed Trainer Mr. Patrick Quinn.

Mr. Patrick Quinn was asked whether he had any documents to place before the Stewards and noted his statement that he had none to place before the Stewards.

Mr. Patrick Quinn was informed that the Stewards of the RCTC shall be applying their mind to the 3rd charge brought against him by the Enquiry Officers of the Club.

3rdCHARGE :

Rule 202(xvi) – Any person who infringes any of the provisions of a license issued to him or any regulations issued in the Racing Calendar be liable to such other punishment as the Stewards or the Stewards of the Club think fit to impose.

The Stewards of the RCTC after due deliberations were satisfied that infringements under Rule 202(xvi) were adequately covered by Rule 202(vi) and Rule 114(b)(i) and decided not to take any further action.

 

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________________________                                    ______________________

Mr. Cyrus J Madan, In the Chair                               Mr. Harish Ramchandani

Steward                                                                       Steward

 

Sd/- x x x                                                                    Sd/- x x x

__________________________                                ______________________

Mr. Rustom E Daroga                                                 Mr. Enrico Piperno

Steward                                                                       Steward

 

Sd/- x x x

__________________________

Dr. Darius Anklesaria

Steward

 

Place : Kolkata

Dated : 4th September, 2018

 

 

 

 

ORDER OF THE STEWARDS

The Stewards of the Royal Calcutta Turf Club assembled on Saturday, 4th November, 2017 in the Stewards Enquiry Room, Reserve Stand, Calcutta Race Course to hold an enquiry into the positive findings of PROCAINE, a prohibited substance in the urine sample of b c FORTUNE EXPRESS, owned & trained by Mr. Manvendra Singh following its run on 16.08.2017  in The Calcutta Juvenile Sprint (Race No 48).

The Stewards interviewed Trainer Mr. Manvendra Singh and perused his enquiry report and the proceedings of enquiries conducted by the Stipendiary Stewards.

The Stewards noted that Mr. Manvendra Singh was the Owner and Trainer in-charge of b c FORTUNE EXPRESS on 16.8.2017 when the race was run.

The Stewards noted that PROCAINE was categorized as a Class III prohibited substance.

The Stewards noted the Note of the Veterinary Officer that the route of administration of the drug PROCAINE in question could be through injection/powder.

The Stewards noted that the urine of the colt FORTUNE EXPRESS had been reported positive for PROCAINE by The National Dope Testing Laboratory, New Delhi  vide their report dated 7.9.2017 after its participation in Race No. 48 run on 16.08.2017.

The Stewards noted that at the request of trainer Mr. Manvendra Singh a ‘B’ sample was tested and returned positive for PROCAINE from The Laboratory of Federation National Des Courses Francaise, France.

The Stewards noted the Trainer’s written statemtnat that due to the wet conditions of the track the colt was getting bruises on the cornet and the bulb areas on both fore during  morning track work and that the Trainer  had ordered his Jemadar to dress up the affected area by  using tincture iodine and Neosporin powder.  He had also ordered his Jemadar to apply a homeopathic ointment namely Calendula on the affected area.  However, the use of above was stopped  10 days prior to its run on 16.8.2017. 

The Stewards noted the trainer’s written submission that the drug might have purposely been administered by someone without his or his Jemadar’s knowledge to malign his reputation.  However, the Trainer could not substantiate his submission with any documentary evidence or otherwise, as such, the Stewards gave no credence to this submission.

The Stewards noted that no fresh evidence was placed before them by Mr. Manvendra Singh other that that what he had stated in his written submission and during the Stipendiary Stewards enquiry.

The Stewards noted that this was the first  case of infringement of the medication rules by a horse under the charge of trainer Mr. Manvendra Singh.

The Stewards noted that the drug PROCAINE is classified as a Class III drug under the Medication Rules of the RCTC.  As per the Calendar Notification the penalty for infringement of a Class III drug attracts :-

a)1 month to one year suspension/withdrawal of Trainer’s license and a fine of Rs. 15,000/- to the Trainer and disqualification of the horse. 

The horse had  been disqualified by the Stewards Orders dated 3.10.2017.

The Stewards were of the opinion that the statements of the trainer in no way invalidated the positive test report, therefore, Mr. Manvendra Singh  be held responsible for the violation of the medication rules and found him guilty under Rule 114(b)(i) of the RCTC Rules of Racing – If his conduct or negligence or neglect in the performance of his duties as a licenced professional has led or could have led to a breach of the Rules of Racing, in that b c FORTUNE EXPRESS under his charge had infringed the medication rules (Calendar Notification under the heading “Medication and treatment of horses in training and racing and anti-doping control” which reads as “no horse shall, after being declared to start, show the presence in its tissues, body fluids or excreta, any quantity of any substance which is a prohibited substance.  Prohibited substance means a substance originating externally whether or not it is endogenous to the horse.  A finding of a prohibited substance means a finding of the substance itself or a metabolite of the substance or an isomer of the substance or an isomer of a metabolite.  The finding of any scientific indicator of administration or other exposure to a prohibited substance is also equivalent to the finding of the substance.  The effect/efficacy of the prohibited substance on the performance of the horse is irrelevant to the implementation of these Rules”.  Further, “The trainer shall always be responsible for : the feeding, management, protection and security of the horses in his care taking all reasonable precautions with the horses in his care to avoid their exposure to prohibited substances. 

When deciding on the quantum of punishment to the trainer, the Stewards took into consideration the trainer’s record and decided to suspend Mr. Manvendra Singh from 5th November to 4th December, 2017 (both days inclusive) and fine him a sum of Rs. 15,000/-.

Trainer Mr. Manvendra Singh was informed of his right to appeal.

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Dr. Darius Anklesaria                                               Mr. Cyrus J Madan

Stewards (In the Chair)                                    &nb