By Sue Finley
After considering the findings submitted by attorney Clark Brewster, the Horse Racing Integrity and Welfare Unit (HIWU) has lifted the provisional suspension imposed on trainer Raymond Handal on Saturday, July 1 after a test detected the presence of Zeranol and Zearalenone in the urine sample taken from his horse, Barrage (War Dancer), May 28 at Belmont Park.
“Pursuant to ADMC Program Rule 3247(e), HIWU has lifted the Provisional Suspension based upon information submitted by the Covered Person and the review of relevant scientific information. The Equine Anti-Doping Notice has not been withdrawn,” reads the notice on HIWU's website.
Rule 3247(e) reads simply, “(e) If it considers it appropriate to do so on the specific facts of the case, the Agency may lift the Provisional Suspension.”
Brewster argued that UC Davis's finding that Zearalenone, a common feed contaminant, was also in the sample, pointed to the fact that mycotoxins in the feed had caused the positive. He provided HIWU with documentation supporting his claims.
“I'm pleased,” said Brewster, “It's great when you have the kind of transparency and applications of rules that most scientists are trying to see. I don't think the provisional suspension was warranted, but the rules for HISA and HIWU are written very directly without a lot of discretion. I have to hand it to the lab at UC Davis on pointing out the atypical finding and I'm pleased that when we supplied the literation and our position that the HIWU folks took it seriously, reviewed it and made the right decision.”
Brewster said that he hoped that this case would provide a blueprint for future situations like this, and help to foster common-sense solutions.
“I think it will be helpful as we work through these rules and understand some of the exceptions and interpretive points,” Brewster said. “For now, they did what the rules required them to do. They found a prohibited substance, issued a provisional suspension, and then said the positive came from a feed toxin and did what they had to do.”
“With his provisional suspension lifted today by HIWU, trainer Ray Handal is once again able to fully participate in all training and racing activities at NYRA tracks,” said NYRA's Vice President of Communications Patrick McKenna.
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