THE FIRST Instance Tribunal, delegates of the Jamaica Racing Commission on December 6, 2004, concluded an investigation under Section 25 of the Jamaica Racing Commission Act into a report by the Racing Chemist that a post-race urine sample taken from the horse KING OF THE BAND after winning the running of the first race on August 7, 2004 indicated the presence of DICLOFENAC, EPHEDRINE & FLUNIXIN, prohibited substances under the rules of racing.
The split sample was subsequently analysed at the Chemistry Department of the University of the West Indies in the presence of the Referee Chemist where it was confirmed that DICLOFENAC, EPHEDRINE & FLUNIXIN were present in the sample. During the investigation, which began on October 25, 2004, the Tribunal heard evidence from Lawrence Freemantle, the owner/trainer and from Purcell Keith, the groom. The investigation continued on December 6, 2004 when evidence was adduced from Dr. Aston Marsh, Veterinarian.
FINDINGS
After considering the evidence and submissions from Vin Edwards, president of the Jamaica Racehorse Trainers' Association, who represented both trainer and groom and from Garth McBean, the Commission's Legal Adviser, the Tribunal:
accepted the finding of the racing chemist that the urine sample taken from KING OF THE BAND contained the prohibited substances DICLOFENAC, EPHEDRINE & FLUNIXIN and pursuant to Rule 207 (1), disqualified it from the race in question;
found that trainer Lawrence Freemantle failed to rebut the presumption of negligence and imposed on him a fine of $75,000.00 to be paid within 30 days.
found that groom Purcell Keith failed to rebut the presumption of negligence and imposed on him a fine of $10,000.00 to be paid within 30 days.
Garth McBean, the Commis-sion's Legal Adviser, marshalled the evidence on behalf of the Tribunal.
