Racing Stables Fined Modestly in Mysterious Breast Cancer Drug Case
Five prominent racing stables have received relatively minor financial penalties after their horses returned positive tests for a prohibited substance, formestane, and its metabolite, 4-hydroxytestosterone. The Victorian Racing Tribunal (VRT) acknowledged that no definitive evidence could be presented to prove how the banned substances entered the horses’ systems, leading to a unique and complex ruling.
Formestane, a drug primarily used in overseas breast cancer treatment, is strictly prohibited for use and importation in Australia. When administered, it can function as an anabolic-androgenic steroid, raising concerns about performance enhancement in racehorses.
The positive tests were detected in five horses from five different stables. These instances occurred at various race tracks on separate dates between February 22, 2023, and April 13, 2023.
Tribunal’s Decision and Penalties
On Monday, the VRT delivered its judgment, imposing fines on the trainers involved.
- Smiley Chan, Julius Sandhu, and the training partnership of Amy and Ash Yargi each received a $4000 fine for presentation offences. Of this amount, $2000 was suspended for 12 months.
- Symon Wilde and the father-son training combination of Mark and Levi Kavanagh were fined $6000 each for the same charge. This higher penalty was due to their prior racing records. Similar to the other trainers, $3000 of their fines were suspended for 12 months.
The tribunal, chaired by Magistrate Peter Reardon, highlighted the perplexing nature of the case. “The trainers were unable to explain to stewards what caused the positive findings, and they had never heard of the substance,” Reardon stated during the tribunal’s decision. He further noted that some veterinarians involved were also unfamiliar with the substance.
Crucially, no incriminating evidence was discovered in the stables or any other location. The levels of the prohibited substance found in each horse were described as “very low.”
The Unresolved Origin of the Substance
Magistrate Reardon conceded that the tribunal could not establish with certainty how the horses came into contact with formestane and its metabolite. Despite the unusual circumstances, the tribunal deemed financial penalties appropriate, albeit at a “significantly reduced” rate.
“The tribunal should not be seen to condone the presence of prohibited substances in horses on a race day,” Reardon emphasised, underscoring the importance of upholding racing integrity.
While not directly applicable to this specific case, Reardon mentioned the World Anti-Doping Agency (WADA) has established threshold levels for formestane in athletes, acknowledging that the substance can occur naturally in humans. However, the absence of a defined threshold for formestane in horses meant that presentation offences were technically committed.
“But the levels found in each horse are so low it is doubtful it would have any effect on the performance of each horse – either illegal performance enhancement or a negative impact,” Reardon added, suggesting the low concentrations might not have conferred any racing advantage.
A Contested Hearing and Agreed Facts
The trainers initially pleaded not guilty to the charges. However, following a five-day contested hearing in December of the previous year, they agreed to alter their pleas to guilty after reaching a resolution with Racing Victoria.
As part of the agreed facts, the trainers committed to not arguing that formestane and 4-hydroxytestosterone were produced naturally within the horses (endogenous origin). In turn, Racing Victoria agreed not to pursue the argument that the substances were administered externally to the horses (exogenous origin). Furthermore, Racing Victoria acknowledged it lacked evidence to dispute the trainers’ statements to stewards regarding their lack of knowledge about the substance’s origin.
Under the rules of racing, presentation offences are considered strict liability offences. This means Racing Victoria is not required to prove how the substance entered the horse, only that it was present.
Years of Denial and Legal Arguments
For three years, since the initial positive urine samples were recorded by Racing Analytical Services Limited (RASL), the trainers have consistently maintained their ignorance regarding the source of the detected substances.
Their legal counsel, Damian Sheales, argued that formestane and 4-hydroxytestosterone could indeed occur naturally in horses, mirroring their natural presence in humans, making it “impossible to discount” this possibility. Sheales characterised the case as unique precisely because its cause remained unestablished.
He contended that no inferences of wrongdoing, negligence, wilful ignorance of inadequate stable practices, or unsupervised actions by third parties, such as veterinarians, could be drawn against the trainers. Sheales further argued that no penalties should be imposed, given the substantial and ongoing financial costs already incurred by the trainers.
Consequences Beyond Fines
While the financial penalties were modest, the consequences for the involved stables extend beyond the fines. All five horses that tested positive were disqualified from the races in which they competed.
In the case of Symon Wilde, his stable suffered a significant financial blow. His mare, Sirileo Miss, was stripped of her group-3 winnings, amounting to $150,000. Moreover, her market value as a potential broodmare reportedly plummeted from $800,000 to $400,000, a direct repercussion of the positive drug test.
