Following the publication of a guilty finding for a forbidden substance positive and a fine of R175 000 against PE trainer Yvette Bremner on Monday 13 August 2019, further clarity has been provided by her legal counsel.
Chris Swart wrote:
Fully agree with Counsel. When you’re ignorant off the facts, do as any millennial would do and Google them.The drug in this instance + horses. You’d immediately find precedents internationally which all point to feed and supplement contamination.
New Information Prompts Kentucky Stewards To Rescind Ractopamine Positives For Arnold, Sharp
I sincerely hope that this is pursued to the end.
Counsel responds:
Chris, you correctly allude to either feed or supplement contamination. So, here’s the thing.
What if I told you that Bremner feeds the following supplements to her horses:
GCS Gold, Rigly Glucosomine and MSM – all joint supplements
Royals Feeds – equine anti-stress mix and booster plus
Red cell – multivitamin
Then consider that Dr Ashley Parker, her vet, testified that NONE of these supplements contain Ractopamine. Now what are you left with?
Despite some astounding facts that you will be apprised of in due course which was totally disregarded by the Inquiry Board, they then albeit that they dismissed the NHA attorney’s request for a costs order of R132,938.84, nonetheless imposed a fine of R175k, R25k higher than the R150k penalty requested.
On that basis it is implied that aggravating factors (what for I have NO idea) were taken into account.
Are they suggesting that Bremner went and sourced Ractopamine (which incidentally is found in pig feed and which cannot be administered i.e is not injectable), despite the fact that there is NOT a shred of evidence to remotely suggest this and which quite frankly is contemptuous.
Master wrote:
Race was run on 20 November 2017.
Inquiry was held +/- 9 Months later – 18 August 2018.
Concluded on +/- 9 Months later – 9 May 2019 (Concluded to me means done and dusted)
Only released some +/- 3 Months later…….
Does it take that long?
Ok… so the stakes will be returned and the second horse gets the win.
What happens to the merit rating of that horse?
More so what happens to the PUNTERS who lost say their Pick Six or backed the Second Horse which will now be promoted to first?
Counsel responds:
It is correct that the horse raced on 20 November 2017. Bremner was however only notified of the positive on 15 January 2018 (almost 2 months later) although the letter served on her was dated 12 January 2018.
The Inquiry was held on 7 August 2018 (not 18 August as stated) and we only managed to deal with the evidence of Dr Schalk de Kock, the Laboratory Director of the NHA, who not only testified as a witness on their behalf, but was allowed by the Inquiry Board to “sit in” and assist the NHA throughout proceedings and then astonishingly (as in the Kannemeyer Ractopamine case three years prior), was allowed to testify as an expert on behalf of RCL Foods (Epol) as to their testing methodologies despite the fact that by his own admission and under cross-examination, admitted that he had never set foot on the premises in Pretoria.
Due to the aforegoing, the matter had to be adjourned and the NHA then took incredibly until 29 May 2019 (10 months later) to hear the concluding evidence being day 2.
The Chairman Dan Mpanza then reserved judgement which he then took two months to deliver. Rather strangely, the Findings are dated 29 July 2019, yet were only forwarded to me by the NHA attorney on 8 August 2019 some 10 days later.
My client is presently in talks with Epol over this matter and dependent on the outcome thereof will advise whether we proceed to take the matter on Review to the High Court or not. If the matter is no longer sub judice then as stated previously, a comprehensive statement will be given laying the facts before you which I can assure you is most compelling and then you be the judge bearing in mind that these Inquiry Boards are compelled to adjudicate based purely on a balance of probabilities?
In regard to the merit rating in such cases, that will remain as is although the horse in question Cat In Command, I believe has been retired.
From a betting perspective, unfortunately, once the “all clear” is posted, the result remains as given at the time.
