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Queensland harness trainers escape cobalt charges after lab stuff-up

6th August, 2015
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The decision to quash the convictions of three harness racing trainers who were disqualified on cobalt irregularity charges should not have a long-term impact on further investigations.

The decision follows the discovery that some testing centres used to identify cobalt were not accredited under the Queensland Racing Act.

It will lead to a change of the Racing Act and a back-up testing centre can be used until the Act is altered.

However, the decision will have an impact on the cases of three gallops trainers who have been charged with cobalt offences.

In the Racing Disciplinary Board Hearing on Thursday Racing Queensland conceded there had been an innocent breach of the Racing Act in the testing of the samples.

Alan MacSporran QC, for Racing Queensland, said the samples had been sent to labs in West Australia and NSW which were not accredited under the Act.

He said while it was a procedural matter RQ agreed in the circumstances that RQ would pay the trainers costs which totalled about $37,000.

Jim Murdoch QC, legal counsel for the three harness racing trainers, asked the convictions be quashed and the three receive costs.

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The three harness trainers: Trevor Lambourn (three years for two offences), Shawn Grimsey (18 months for two offences) and Ken Belford (18 months for one offence) had all appealed their convictions and penalties.

The decision impacts on gallops trainers Glen Baker and Jamie McConachy who have been found guilty and disqualified on cobalt charges.

Baker has appealed a two-year disqualification and his solicitor Matt Tutt has asked to address the appeals board on the same issue as the harness trainers.

McConachy has been given a stay of proceedings, pending his hearing while a third trainer Rochelle Smith has had part of her inquiry heard at this juncture.

They all had their tests conducted, in part, at the centres which were not accredited.

Racing Queensland can use a third centre in Melbourne to test for cobalt and it is accredited under Queensland law.

If need be it will be used until the law can be changed.

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Racing Minister Bill Byrne has instructed his department to engage auditing powerhouse Deloitte to conduct a comprehensive audit of all handling procedures of the Racing Science Centre, the Office of Racing Regulation and Racing Queensland.

Racing Queensland Acting CEO Ian Hall said it was important to note, that each of the samples was well in excess of the 200mg/L threshold and the accuracy of the positive samples was not in question.

“Racing Queensland considers there is no question surrounding the accuracy of the results that have been returned on these samples,” Mr Hall said.

“The samples were tested by NATA certified laboratories qualified to conduct such testing and confirmatory analysis.

“There is an issue pertaining to an administrative error relating to the certification of the laboratories for the specific purposes of the Racing Act 2002 framework.

“Today’s outcome does not impact any future samples in Queensland.”

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