Veteran Whitemore trainer Graeme McCulloch has had a $2500 positive swab fine quashed by the Racing Appeal Board.
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In what could be seen as a landmark decision, the board found that McCulloch could not be held fully accountable for his horse eating contaminated feed.
In fact, it found that the trainer’s culpability was so low that it could be deemed “negligible” therefore it replaced the fine, which stewards had wholly suspended for two years, with a reprimand.
The McCulloch-trained Windrider tested positive to oripavine – found in Tasmanian-grown poppies – after winning at Mowbray in April.
McCulloch, a professional trainer and breeder, is also a registered poppy grower.
Despite having had three positive swabs to oripavine, he told stewards that, as it was part of his livelihood, he would continue to grow poppies on his property.
For that reason, he felt obliged to appeal the fine, even though he would not have to pay it unless he got another positive swab.
That was because there was always a possibility, despite his best efforts, that the problem could arise again and he did not want a suspended fine hanging over his head.
The Appeal Board, chaired by Tom Cox, said cases involving poppy-contaminated feed were difficult for stewards.
They were obliged to disqualify the horse but then had to assess the trainer’s culpability before deciding whether to take further action.
In the Windrider case, the stewards found that because McCulloch knew the risks associated with growing poppies and had had two previous positive swabs to oripavine, he had to bear some culpability for the contamination.
However the Appeal Board found that the level of culpability did not warrant a fine, noting that Windrider’s connections had already forfeited $10,625 in prizemoney.
NARROW LEAD
Conor Crook has held the lead in the Youngbloods Challenge series after third and fourth placings in Hobart last Friday.
However he has Troy McDonald, who won on Couta Rocks, breathing down his neck.
Crook has 38 points going into the final round in Launceston on Friday night with McDonald on 37 and Lachlan Dakin on 31.