Office of Racing Integrity
Department of Natural Resources and Environment Tasmania
STEWARDS DECISION
OFFICE OF RACING INTEGRITY
and
OLIVIA WEIDENBACH
Date of hearing: 21st June 2024
Stewards Panel: Mr N Finnigan (Chair), Mr R Brown
Present: Ms Olivia Weidenbach (Respondent)
Mr Ben Yole (Advocate)
Rule: Australian Harness Racing Rules
AHR Rule190(1) reads: -
A horse shall be presented for a race free of prohibited substances.
Charge: Olivia Weidenbach, being the trainer of JUDES MY LIFE, did present the horse to race at the Tasmanian Trotting Club’s meeting held on Sunday 7 January 2024, when a urine sample taken from JUDES MY LIFE, upon analysis was found to contain the prohibited substance aminorex.
Plea: Guilty
Decision: $2500 fine with $1000 to be suspended for a period of 2 years pending a breach of section 12 of the AHR Rules.
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“A horse shall be presented for a race free of prohibited substances”
3.1.1 Penalties are designed to punish the offender for their wrongdoing. Penalties are not meant to be retributive in the sense that the punishment is disproportionate to the offence, but the offender must be met with a punishment.
3.1.3 Penalties imposed upon those offending the prohibited substance rules should reflect the industry’s disapproval of drugs being detected in horses.
3.2.1 The Stewards have resolved to approach the matter of penalty from the perspective of the desirability of consistency with previous penalties in dealing with similar offenders committing similar offences in similar circumstances.
In determining the appropriate penalty, the Stewards recognise the following factors in mitigation, and which are relevant to penalty discussions.
Having considered all circumstances, Stewards assess that some relief be applied to the starting penalty of a $2500 fine.
Ms Weidenbach is to be fined $2500 with $1000 to be suspended for a period of 2 years pending a breach of section 12 of the AHR Rules.
It is mandatory that if a horse competes in a race and is found to have competed with a prohibited substance in its system that it must be disqualified from that race.
AHR Rule195 reads ….
“A horse which has been presented for a race shall be disqualified from it if blood, urine, saliva, or other matter or sample or specimen taken from the horse is found to contain a prohibited substance”.
As a consequence, the placings for Race 4 at the Tasmanian Trotting Club’s meeting on the 7th January 2024 are to be adjusted to reflect the disqualification of JUDES MY LIFE.
9. Appeal
Ms Weidenbach was advised of her right of appeal.
Decision Date: 21st June 2024