In the first case of cobalt being detected above the prescribed limit of 100mgs in a greyhound in Queensland, Trainer, Mr George Kadniak was disqualified by the Stewards for eighteen months when his greyhound “Your Deal” tested positive to cobalt on 12 October 2015.
He appealed at first only in relation to penalty and then contacted Attwood Marshall Lawyers to represent him at the hearing. Upon our consideration of the matter, it became apparent that Mr Kadniak should have also appealed the conviction as well. Notice was given accordingly to Racing Queensland. The Appeal Panel accepted the amendment to the appeal.
Mr Jim Murdoch QC was retained to appear on behalf of our client instructed by Richard Smith, Special Counsel of our office, the hearing taking place on 21 April 2016 at Racing Science Centre, Albion Park.
The appeal hinged on the fact that the Racing Science Centre performed an analysis of both the primary and referee sample which had been taken before an amendment to Local Rule 18 relating to greyhounds which came into effect on 27 November 2015. That rule in effect now permits both samples to be tested by the Centre where the Controlling Body considers there is sufficient reason.
The Appeal Panel were of the opinion that the amendment to Local Rule 18 was not retrospective. The request to test the primary sample and a further request to test the referee sample were both made prior to the amendment date , 27 November 2015
There was also a finding that if both certificates relating to the testing of the sample had been requested after 27 November 2015 they would have been properly obtained. This did not occur and while the first certificate was admissible as to the level of cobalt present the second certificate was not.
To support a conviction it has been historical that the authorities demand there must be two positive results from the testing of the sample. In this case this did not occur and Mr Kadniak was free to continue his love of greyhound racing.
If any trainers, irrespective of the type of racing, have been charged in relation to cobalt, please do not hesitate to contact our office for assistance and advice. Please telephone Amanda Heather on direct line 07 5506 8245, email aheather@attwoodmarshall.com.au or freecall 1800 621 071. Often we offer a free 20 minute consultation either personally or by telephone to our thoroughbred racing and breeding clients.
