On 7 February 2025, Harness Racing New South Wales (HRNSW) Stewards commenced an Inquiry in relation to a report from the Australian Government National Measurement Institute (NMI) that Cobalt above the threshold of 100 micrograms per litre in urine was detected in the urine sample taken from MAGIC TULHURST following its win in race 6, the GOLD CROWN MAJOR SPONSOR DRAW 6TH MARCH PACE (1730 metres) conducted at Bathurst on Wednesday 28 February 2024.
The reserve portion and control solution were confirmed by the ChemCentre in Western Australia.
Licensed Trainer Mr Toby Inwood was present and provided evidence to the Inquiry in relation to the horse MAGIC TULHURST and his registered training establishment.
In addition, the certificates of Analysis and evidence from HRNSW Regulatory Veterinarian Dr Martin Wainscott were presented to the Inquiry.
Mr Inwood pleaded guilty to two (2) charges issued by HRNSW Stewards pursuant to the Australian Harness Racing Rules (AHRR) as follows:
Charge 1 AHRR 190(1)(2) & (4).
AHRR 190. (1) A horse shall be presented for a race free of prohibited substances.
(2) If a horse is presented for a race otherwise than in accordance with sub rule (1) the trainer of the horse is guilty of an offence.
(3) If a person is left in charge of a horse and the horse is presented for a race otherwise than in accordance with sub rule (1), the trainer of the horse and the person left in charge is each guilty of an offence.
(4) An offence under sub rule (2) or sub rule (3) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.
Charge 2 AHRR 196E(1)(a)
AHRR 196E. (1) The trainer and any other person in charge of a horse must not:-
(a) Administer;
(b) Cause to be administered;
(c) Attempt to administer; or
(d) Be a party to the administration or attempted administration of,
a product containing cobalt salts by injection.
(2) Where the Stewards are satisfied that a horse has or may have been administered a product containing cobalt salts by injection contrary to sub-rule (1) the horse shall either be withdrawn or disqualified from the race.
(3) A person who fails to comply with sub-rule (1) is guilty of an offence.
HRNSW Stewards adjourned the Inquiry to provide Mr Inwood with an opportunity to provide penalty submissions and personal references. Following receipt of those documents, HRNSW Stewards considered the matter of penalty.
On 7 March 2025, Mr Inwood was advised that HRNSW Stewards had imposed the following penalties:
Charge 1: 2.5 years disqualification to commence from 28 May 2024 and expiring on 28 November 2026;
Charge 2: 6 months disqualification to be served concurrent to Charge 1.
In considering penalty Stewards were mindful of the following;
- The submissions of Mr Inwood and references provided on his behalf;
- Mr Inwood’s involvement in the harness racing industry since 2009/10;
- Mr Inwood’s training and driving records, together with his harness racing offence record;
- Mr Inwood’s first prohibited substance offence;
- Class 1 Prohibited Substance;
- The levels of cobalt recorded;
- The impact of a disqualification upon Mr Inwood from a personal perspective.
Acting under the provisions of AHRR 195, MAGIC TULHURST was disqualified from the abovementioned race.
Mr Inwood has appealed against the penalties imposed by HRNSW Stewards.
