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At the start, FLYING JEWEL (J.Pradeep, dr.7) jumped out awkwardly inwards and at the same time CONSTANTINA (Shrikant Kamble, dr.5) jumped out awkwardly outwards, due to which SWEATY BETTY (S.K.Jadhav, dr.6) was tightened. ORITO (Dashrath Singh) lugged out in the final 100 metres and caused CONSTANTINA (Shrikant Kambe) to travel wider from her rightful running. Trainer Faisal A.Abbas has been asked to take remedial measures before next accepting to race the gelding. Jockey J.Pradeep was questioned with regard to his riding on FLYING JEWEL in the concluding stages of the race. The Instructions were to sit comfortable wherever he could and to ride out in the straight. The Jockey was observed to have stopped riding about 100 metres from the winning post and he said that he had done so since the horse had coughed. Not being satisfied with the explanation tendered, the matter was reported to the Stewards. The Stewards interviewed Trainer Hosidar Daji and Jockey J.Pradeep in the above connection and having heard the submissions made and viewing the video recording of the race, the Stewards were not satisfied with the explanation tender by Jockey J.Pradeep and held him guilty of failing to ride out his mount past the post, in that, he stood up in the saddle and stopped riding nearly 100 metres from the winning post. Therefore, the Stewards decided to suspend his Jockey’s license for 1st May, 2011 (permitted to ride work/mock race). Further, he was severely warned for the future. The Stewards were also not satisfied with the explanation tendered by Trainer Hosidar Daji in the subject case and held him guilty of running of his horse in this race in an unfit condition. In that, he as well as the Jockey both confirmed that the horse had coughed during morning work prior to the race despite which he accepted him to run in this race. After the race when the Jockey was questioned as to why he had stopped riding nearly 100 metres from the winning post, he gave the excuse that he had done so since the horse coughed in the final stages of the race. Further, Tr. Hosidar Daji also admitted that the horse had coughed whilst returning to the paddock. Therefore, the Stewards decided to fine him a sum of Rs.10,000/- and cautioned for the future. Trainer Altaf Hussain has been fined Rs.1000/- for not declaring the use of a ‘D’ bit on his charge ARABIAN PRIDE. After the race, SAMIEL was observed to have broken a blood vessel. Being a second time bleeder, the filly is not to race for the stipulated period of 8 weeks. The filly has to be passed fit by the Club’s VO before next accepting to race. After the race, WESTERN CHALLENGE was observed to have broken a blood vessel and is not to race for the stipulated period of 4 weeks. The gelding has to be passed fit by the Club’s VO before next accepting to race. After the race, CONSTANTINA was observed to have an abrasion at the right hind fetlock. FLYING JEWEL was found to be sound.

The Board of Appeal at its Meeting held on 10^th July, 2011 considered all documents and papers that were submitted including the Grounds of Appeal and having heard the submissions made by Trainer Hosidar Daji and having viewed the video recording of the race in question, and having deliberated on the matter at length and having applied their minds decided to allow his appeal and return his deposit.

RE : POSITIVE REPORT IN RESPECT OF ch g “WESTERN CHALLENGE” (UNPLACED) IN RACE NO.333 – THE AHU PLATE RUN ON SATURDAY, 16^TH APRIL, 2011 – THE GELDING WAS REPORTED POSITIVE BY EQUINE FORENSIC UNIT, C.V.R.L. DUBAI FOR THE PRESENCE OF “INDOMETHACIN” :

In reply to the Club’s letter dated 2^nd May, 2011 Tr.Robert DMellow, informed this office vide his e-mail dated 8^th May, 2011 that he did not wish to send the second urine sample of WESTERN CHALLENGE for Confirmatory Analysis.

In view of the above, the Stewards of the Club at their meeting held on Thursday, 21^st July, 2011, as per the Medication Rules, decided to treat the Positive Report dated 27^th April, 2011 from the Primary Laboratory i.e. Equine Forensic Unit, Dubai, U.A.E. in respect of the sample of urine taken from WESTERN CHALLENGE (Unplaced in Race No.333, as conclusive and binding on Trainer Robert D’Mellow.

Trainer Robert D’Mellow was asked to conduct his own enquiries and to lead evidence, if any, to prove mitigating circumstances, within 15 days and to also attend the enquiry to be held by the Stipendiary Stewards and the Sr.Veterinary Officer of the Club, as and when he would be required to.

Further, as per the Medication Rules, the Stewards of the Club decided to disqualify WESTERN CHALLENGE (Unplaced) from Race No.333 – The Ahu Plate run on 16^th April, 2011.

ENQUIRY INTO THE POSITIVE REPORT IN RESPECT OF ch g “WESTERN CHALLENGE” (UNPLACED) IN RACE NO.333 – THE AHU PLATE RUN ON SATURDAY, 16^TH APRIL, 2011 THE GELDING WAS FOUND POSITIVE FOR THE DRUG “INDOMETHACIN”:

The Stewards of the Club at their meeting held on Saturday, 6^th August, 2011 considered the evidence obtained by the Stipendiary Stewards/Sr.V.O. in the above enquiry and interviewed Trainer Robert D’Mellow.

The Stewards after having thoroughly enquired into the matter and having applied their minds to the entire facts and circumstances of the case and to all papers, proceedings reports and also having permitted Trainer Robert D’Mellow to make submissions in the subject matter, found that he had no mitigating circumstances to offer in the subject case and as such, held him guilty of breach of the Medication Rules, consequently he became vicariously liable.

The Stewards noted that this was Trainer Robert D’Mellow’s fifth infringement of the Medication Rules, however, his last infringement of the Medication Rules was 11 years ago. Taking an overall view, the Stewards decided to take lenient action and :-

a) to suspend his Trainers license for a period of 40 days;
b) to fine him a sum of Rs.10,000/-.

Further, the Stewards also found Trainer Robert D’Mellow guilty of not maintaining his Veterinary Log Book. They noted that this was his second offence and he had been warned previously for a similar offence. Therefore, the Stewards decided to impose on him an additional suspension of 5 days for not maintaining his Veterinary Log Book in the subject case.

Therefore, the Stewards decided to suspend his Trainer’s license w.e.f. 9^th August, 2011 to 22^nd September, 2011 (both days inclusive) and to fine him a sum of Rs.10,000/-.