Statement by Vivek Jain, Chairman, RWITC, on behalf of the Stewards of the Club, on the recently concluded Boldenone enquiry

Statement by Vivek Jain, Chairman, RWITC, on behalf of the Stewards of the Club, on the recently concluded Boldenone enquiry:

In line with the highest standards of transparency, the reasoning behind the final decision taken on the Boldenone enquiry is set out, as under. This is being shared in view of the special circumstances of the case, media articles and hearsay and to address the misinformation and speculation on the facts of the case and also describes the basis for the final verdict.

• The three trainers, P.Shroff, S.K.Sunderji and C.D.Katrak were subject to enquiry, arising from a positive finding of “Boldenone”, a banned substance, in their horses Eloise, Ocean and Beyond, Star Future and Amaretto (last two of trainer C.D.Katrak) during the Mumbai Racing Season 2010-11.
• As the confirmatory samples all returned positive, the concerned horses were disqualified.
• The three trainers argued their mitigating circumstances collectively, stating that independent tests showed the presence of Boldenone in the relevant batch (commonly used by all three trainers) of the feed supplements, Equitop  Pronutrin, Equitop Myoplast and Equitop Gonex. The tests were done by them privately at a laboratory in the U.S. and one in India. Neither of these labs are accredited by the RWITC. The trainers pleaded that they should not be punished as they believed the feed supplements were contaminated.
• The Stewards, after an exhaustive process, did not accept the alleged contamination as mitigating circumstances for the following reasons: 

1. The supplements were not indented for in case of Ocean and Beyond and Star Future;
2. It could not be proved based on log books (in certain cases no log) as to when and which supplement was given to which horse;
3. The feed supplements were not recorded in the Veterinary/ Medication Log book required to be maintained by the trainers (but logged separately by trainers Shroff and Sunderji);
4. The trainers, while indenting the supplement, confirm in writing that the supplements are sourced at their cost/risk;
5. The chain of custody for the independent testing done by the trainers is not as per established procedure (samples taken from open boxes/ no witness from the Club etc)
6. About 200 horses were sampled routinely by the Club for whom indent was placed for the same batch of supplements in Mumbai alone. Of these 200,  only the four horses referred to above tested positive;
7. The supplement manufacturer Boehringer confirms supply of the same supplements world wide in thousands of units with not a single claim of contamination;
8. Five recent cases of Boldenone finding at stud farms with no link to contaminated feed has raised a question mark on the trainers’ defense. Atleast one of the two trainers (Trainer Vinayak) concerned has confirmed to the Stewards that his two horses (which came positive for Boldenone) were not fed the nutritional suppliments at all.

*   The Medication Rules contain no provision for additional testing beyond the reference sample or for testing nutritional samples (The Club was legally advised that the club was not obliged to test the feed supplements)    

*   The Club neither compels nor recommends the usage of these supplements by trainers.

Notwithstanding the above, and in view of prima facie evidence of contamination provided by the trainers, and in order to be completely fair, the Stewards accepted to have samples of the alleged contaminated feed (of the same batch) tested at Horseracing Forensic Lab (HFL) UK, to help the trainers prove mitigating circumstance. HFL is a lab accredited by the RWITC for testing of samples of all its Classic and Grade 1 races.  The trainers were told the Club will not entertain any further request for testing for either urine or feed and will proceed with the test  only based on HFL procedure and conditions. The other RWITC accredited labs were either unable to test the feed supplements or gave no satisfactory response.

The trainers gave their consent in writing to these conditions. Once HFL confirmed they can test the feed supplements but at a level of 10ng (whereas urine is tested at zero tolerance) the trainers did not agree to go ahead with the test of the supplements. As informed to the trainers earlier, the Stewards then initiated and completed the enquiry.

On the punishments, the Stewards took into consideration the prescribed Medication Rules, as also the decisions by varying bodies of Stewards and used the norms that have been followed in deciding punishments from medical infringements during the last ten years.  It was observed that in almost each instance, and as minuted, infringements within the past five years were quantified as “repeated” offences, and punishments given beyond five years were treated leniently.

The minutes will reveal that, for example, in the case of trainer Dallas Todywalla (Music Prospector and Star Carvel in 2003), Bezan Chenoy (Adam’s Beauty in 2004 and Yana in 2008) and trainer Cooji Katrak (Glorious Fantasy in 2005), the trainers were given significantly reduced punishments than what they would have got if their career record of infringements were considered.

The Stewards referred to two other cases that were highlighted for comparison. In the case of three horses belonging to trainer Hosidar Daji - Try Your Luck, Fantastic Fury and Siberian Siren (races run in December 2007/ January 2008), trainer Daji was exonerated as the feed supplements were confirmed to be contaminated by the manufacturer, Forind Nutrients. In the present case, the supplement manufacturer, Boehringer, has vehemently refuted the contamination theory and has shown that these supplements have been supplied world wide without any problem.  The other case of trainer S.Shaikh for Urban Warrior (race run in August 2010)  was also dissimilar. Trainer Shaikh was given a one year suspension as the then Stewards concluded that there were no mitigating circumstances and the circumstantial evidence tabled at the enquiry suggested the administration of Boldenone by the trainer, and was hence given a higher sentence beyond that of vicarious due to the special facts that emerged during the enquiry. (The minute of the Trainer Shaikh enquiry concluded “ Tr S.Shaikh was informed that the circumstantial evidence in the enquiry leads the Stewards to believe that he had administered the drug BOLDENONE to URBAN WARRIOR.)  The one year sentence was given not for vicarious responsibility (as in the case of trainers Shroff, Sunderji and Katrak) but as the Stewards felt that the trainer had indeed administered the drug. It is unfortunate that the differing punishments in the above cases are being quoted out of context.

As for the current cases, and as per the Medication Rules/ Calendar Notifications on medical infringements and as per past precedence, the punishments given were:

• Trainer P. Shroff- 30 days for a first infringement ;
• Trainer S.K.Sunderji was given 45 days for a second infringement. His two earlier infringements for Daffodil in 1993  and Hollywood Wildcat in 1998 were ignored as in the first case, the Board of Appeal waived the suspension, and the drugs found in the 1998 case now have reporting levels, and are to be disregarded as infringements as per the revised medication rules ;
• Trainer C.D.Katrak had no medical infringements in the last 5 years.  For Star Future, he was given 30 days for a first offence and a further 15 days was added to recognize and give some weightage to his cumulative past record and the recent infringement of Glorious Fantasy in 2005 which was a few months before the five year period.  His earlier infringements were in 1995 and 1997 and infringements for Star Performance in 1998 and Lady Moura in 2000 were both for Flunixin (which now have reporting levels and are to be disregarded). For Amaretto, trainer Katrak got 45 days for a second offence  plus an additional 30 days towards past offences totalling 75 days. Hence, cumulatively trainer Katrak stands suspended for 120 days. The additional 45 days added to Mr Katrak’s suspension took into consideration the proximity of the Glorious Fantasy infringement to the five year cut off as also his previous offences ;

The trainers stand suspended only for vicarious responsibility. There was no circumstantial evidence, motive or malafide intent, to suggest administration of Boldenone by the trainers since it was known that these horses were bound to be tested having run in the classics/ graded races.  However, though each of the three trainers attempted to prove mitigating reasons for the positive findings, for the reasons described above, this could not be accepted.  The quantum of punishment given is as per past precedence in judging similar offences in the past ten years.

In addition, the trainers were informed:

• They are at liberty to undertake any further testing, or present irrefutable fresh evidence in support of their claim for contamination, which would be considered by the Stewards at their discretion. This would have to be an independent investigation without any assistance from the RWITC and may be considered or dismissed at the sole discretion of the Stewards;         
• The present punishments are in accordance with the Medication rules for vicarious responsibility. When the horses under enquiry came positive, Boldenone was classified as Category 3. However, Boldenone stands de classified presently (since April 2011)  and its finding in future will attract a punishment at the discretion of the Stewards; 
• The punishment takes effect from September 5th, 2011 with attendant disabilities as provided in the Rules. The trainers have a right of appeal to the Appeal Board.  

The conclusion of this enquiry has taken as long as it has as the Stewards have adhered to principles of natural justice and gave all concerned in the enquiry a fair chance. The Stewards had to analyse voluminous data, and deliberate upon laboratory reports and findings, legal opinions, technical documentation etc, in addition to delays due to the intervening summer and the time taken in establishing a proper procedure for testing the feed by HFL.