Todays story by Robert Edwards, 22nd December 2009 in The West Australian Newspaper opens
up a can of worms for RWWA and its Stewards. Most if not all of the
information on the substance has become common knowledge to the racing fraternity
over the past weeks and thats due mainly to the fact that all banned trainers administered the
medication on veterinary advice and scores of trainers have been using it so there was a
trembling in the racing industry when the first charges were laid. There are as many as fifty
charges pending throughout Australia waiting for a true ratification of this drug yet here in Western Australia
trainers were charged an banned on what can only be termed as flimsy evidence.
A warning on the use of aminocaproic acid was posted in the September 2009 Racing Calender
by the Racing Industry Veterinarian Dr. Judith Medd dated 17 August 2009 its interesting to note that she
informed the printers and publishers of the magazine long before she alerted the industry, the
reason for that was there was never a press release or alert at all. The first story about this substance
was written by Mr Edwards after he made an inquiry to Mr Zucal after he got the information from
an outside source. The substance was classified under AR80E the highest drug classification in
racing Im told, so who classified it, and on what scientific proof, has anyone put their hands up yet.
It goes on to say that if the presence of aminocaproic acid is found in a swab sample it would be DEEMED
to be a prohibited substance under the rules of racing. DEEMED? was it given the AR80E classification
because someone DEEMED it to be a drug, without any scientific evidence to back it up.
Robert Edwards writes …….Stewards seek legal advice on bleeding treatment. I presume that means
the West Australian Stewards as they were the only ones to hold themselves in such high esteem
to go ahead and ban trainers and remove their livelihoods while the rest of the States trod with caution.
Mr John Zucal says and I quote ” it is an issue that has got to be dealt with”. and he waits for the outcome
of Robert Harveys appeal. The appeal has no bareing on the issue, the information that Paul Matters based
his case in getting the NSW charged quashed was available to Mr Zucal when Mr Matters attended the
Casey enquiry but he chose to ignore it. The Harvey appeal has nothing to do with the classification of the
substance its only there to uphold or dismiss Mr Zucals penalty on Mr Harvey. The appeals board is not independent and
it can guided by the stewards influence.
The Minister for Racing and Gaming stated that stewards enquiries had to follow the process of law, thats interesting.
Four acts of Parliament govern RWWA operations.
To manage these changes, four separate Acts have been passed by
Racing and Wagering Western Australia Act 2003
Racing and Gambling Legislation Amendment and Repeal Act 2003Racing Restriction Act 2003
Racing and Wagering Western Australia Tax Act 2003
In terms of its structure, RWWA is not
a Crown agency
subject to ministerial direction or the jurisdiction of the Ombudsman ;
a public sector body under the Public Sector Management Act
NOTE IT IS NOT UNDER MINISTERIAL DIRECTION OR JURISTICTION OF THE OMBUDSMAN
So how do the administer its process of law?
Mr Zucal is chief steward.
He is the prosecutor
He is the Jury
He is the judge
He is also the executioner.
The last time that process of law was used was by the Sherriff of Nottingham against Robin Hood.
So enough said about aminocaproic acid lets look at the enquiries…were they LEGAL……No
Trainers were banned when there was a case to prove the validity of the substance in the legal pipeline.
West Australian Stewards ignored that.
The trainers Human Rights were violated…………… but thats a later issue
The Zealous approach to obtain a conviction by the stewards is indeed enough to hold an imdependent inquiry
into RWWA’s operations at the highest level.
MR Zucal and Dr Judith Medd should be stood down pending that enquiry.
All swabs taken from August 17 2009 should be reprocessed by an independent laboratory to ensure there was NO BIAS.
The licences of the banned trainers should be restored immediately while this whole fiasco is brought to a conclusion..