ERA Media Release - Mr Ali Jan

The ERA Stewards opened an inquiry on Sunday 12th May 2019, into the care of the racehorse PREDILECTION (USA). Evidence was taken from Mr. Ali Jan (ERA Trainer), Dr. Simon Abbott (DEH Veterinarian), Dr. Kieran Finn (ERA Regulatory Veterinarian) and Mr. Jahfar Nalakath (Chief Analyst –Equine Forensic Unit). The following matters were established during the inquiry;
1. On Monday 18th March 2019, Mr. A Jan instructed his staff to “blister” both forelegs of PREDILECTION (USA), as the horse had a pre-existing tendon injury.
2. Mr. Jan advised that he instructed his staff to treat PREDILECTION (USA) with a powdered form of phenylbutazone for 3 days. This was not entered into the medication log book as he was of the belief that as PREDILECTION (USA) was not going to race for the remainder of the season, it was no longer required.
3. On Wednesday 27th March 2019, the ERA Stewards were issued a report from Dr. K Finn regarding the condition of PREDILECTION (USA) stating the following;
(a) He examined PREDILECTION (USA) at the Desert 2 stables, occupied by Mr. A Jan.
(b) PREDILECTION (USA) was reluctant to move and when forced to walk exhibited a painful gait on all four limbs.
(c) PREDILECTION (USA) had been “blistered” on both front legs. The legs were swollen, scabbed with areas of hemorrhage and painful on palpation.
(d) PREDILECTION (USA) had received phenylbutazone initially but no pain relief there after.
(e) A blood sample was taken for analysis.
4. On Wednesday 27th March 2019, after being contacted via telephone by Dr. K Finn, Mr. A Jan directed that PREDILECTION (USA) be given further phenylbutazone.
5. On Tuesday 2nd April 2019, the Equine Forensic Unit issued a certificate stating that no substances where detected from the blood sample taken on Wednesday 27th March 2019.
6. On Monday 8th April 2019, Dr. K Finn re-examined PREDICLECTION (USA) and issued the following report to the ERA Stewards;
(a) PREDILECTION (USA) had greatly improved with swelling reduced, however some areas of scabbing and infection were evident.
(b) There was clear evidence that the horse had received topical treatment to the affected area.
7. Mr. A Jan advised that he had experience in blistering horses and that some horses required more pain relief than others. He acknowledged that PREDILECTION (USA) required more pain relief than he originally gave.
8. Dr. S Abbott advised that he wasn’t instructed to inspect PREDILECTION (USA) after it had been blistered. Further he stated that blistering was a common procedure within stables where stable veterinarians don’t have much involvement.

Trainer Mr. A Jan pled guilty to a charge under the provisions of ERA Rule 11(l)(ii), in that he failed to provide sufficient analgesia to PREDILECTION (USA) after blistering the horse on the 18th March 2019, to alleviate any pain inflicted upon PREDILECTION (USA).

In determining the appropriate penalty in this case, the Stewards considered a number of factors including:
• The circumstances of the offence;
• The seriousness of the offence, involving the welfare of a registered racehorse;
• General and specific deterrence;
• The integrity and image of racing in the UAE.

Mr. A Jan was fined the sum of AED 10,000.

Further the ERA Stewards opened an inquiry, into the notification by the Dubai Equine Forensic Unit that the pre-race urine sample taken from REBEL STREAK (GB) prior to it competing in Race 5 “The Zabeel Trophy Rated Conditions 75+” over 1600 metres at Meydan Racecourse on Friday 5th April 2019, was found to have a concentration of cobalt in excess of 100 micrograms per litre in urine.

Evidence was taken from Mr. A Jan (ERA Trainer), Dr. Kieran Finn (ERA Regulatory Veterinarian) and Mr. Jahfar Nalakath (Chief Analyst – Dubai Equine Forensic Unit). The following matters were established during the inquiry;
1. On Sunday 14th April 2019, ERA Stewards were advised of the irregularity to Cobalt in respect to the pre-race urine sample taken from REBEL STREAK (GB) at Meydan Racecourse on Friday 5th April 2019.
2. On Thursday 18th April 2019, the ERA Stewards informed Mr. A Jan of the sample irregularity with a stable visit at his registered training location “Desert 2 Stables”. Mr. A Jan was unable to offer an explanation for the elevated level of cobalt returned in REBEL STREAK (GB). Stewards obtained a blood sample from REBEL STREAK (GB) at the stables to be analysed for cobalt.
3. On Thursday 18th April 2019, Mr. A Jan advised that he wished to exercise his right to have the reserve portion of the sample analysed by another accredited racing laboratory in accordance with ERA Rule 95D(ii).
4. On Tuesday 23rd April 2019, the ERA Stewards were advised that the blood sample taken from REBEL STREAK (GB), on Thursday 18th April 2019, to be analysed for cobalt, returned a level of 0.7 micrograms per litre in plasma, with the international threshold being 25 micrograms per litre in plasma.
5. On Monday 6th May 2019, the ERA Stewards received confirmation from the Hong Kong Jockey Club that the presence of cobalt above the urine threshold, was detected in the reserve sample of REBEL STREAK (GB).
6. Throughout the inquiry Mr. A Jan tendered evidence that he administered an oral paste on race-day, that being Bioactive Booster. He was unaware that administering oral pastes on race day was a breach of the ERA Rules of Racing.
7. Dr. K Finn advised the Bioactive Booster contains Vitamin B12, which would increase the cobalt level of a horse.
8. Mr. A Jan could offer no other explanation throughout the inquiry, as to how the cobalt level in REBEL STREAK (GB) exceeded the permitted threshold.

Trainer Mr. A Jan pleaded guilty to a charge under the provisions of ERA Rule 31B(iv), in that he failed to maintain the medical records for PREDILECTION (USA) and REBEL STREAK (GB). Mr. A Jan was fined the sum of AED 1000.

Further Mr. A Jan pleaded guilty to a charge under the provisions of ERA Rule 95AAA 2, in that he presented REBEL STREAK (GB) to race in Race 5 “The Zabeel Trophy Rated Conditions 75+” over 1600 metres at Meydan Racecourse on Friday 5th April 2019, which was subsequently found, upon analysis of a pre-race urine sample, to have had cobalt administered to it, as evidenced by a concentration of cobalt in excess of 100 micrograms per litre in urine.

In determining an appropriate penalty, the Stewards considered a number of factors including:
• The circumstances of the offence;
• The seriousness of the offence, involving the presentation of cobalt above the threshold level;
• General and specific deterrence;
• The integrity and image of racing in the UAE;
• Previous penalties imposed for offences under ERA Rule 95AAA 2 in relation to cobalt;
• Mr. A Jan’s guilty plea and blemish free record in relation to the prohibited substance rules (see below).

Taking into account these circumstances, Mr. A Jan was disqualified for a period of 12 months, to commence midnight Sunday 12th May 2019, and to expire midnight Tuesday 12th May 2020.

Further Mr. A Jan pleaded guilty to a charge under the provisions of ERA Rule 95AAA 9, in that he administered a paste to REBEL STREAK (GB), namely Bioactive Booster, prior to the gelding racing at Meydan on Friday 5th April 2019.

In determining an appropriate penalty, the Stewards considered a number of factors including:
• The circumstances of the offence;
• The seriousness of the offence, involving the administration of medication on race day;
• Mr. A Jan forthright evidence in advising the Stewards that he used an oral paste on race day;
• General and specific deterrence;
• The integrity and image of racing in the UAE.

Taking into account these circumstances, Mr. A Jan was disqualified for a period of 6 months, to commence midnight Sunday 12th May 2019 and to be served concurrently with his 12-month disqualification for breaching ERA Rule 95 AAA 2.

Pursuant to ERA 86(ii), REBEL STREAK (GB) was disqualified from ninth (9th) position from Race 5 “The Zabeel Trophy Rated Conditions 75+” over 1600 metres at Meydan Racecourse on Friday 5th April 2019, and the placings were adjusted accordingly.

Mr. A Jan’s record in relation to prohibited substances:
No prior breaches.

Relevant Rules:
ERA Rule 11 – The ERA or the Stewards may Penalise;
(l) Any Person in charge of a Horse who is their opinion fails at any time:
(ii) To take such reasonable steps as are necessary to alleviate any pain inflicted upon a Horse; and/or

ERA 31B(iv) – Trainers who fail to maintain medical records or cannot produce the aforementioned records are guilty of an Offence.

ERA 86(ii) – Where any declared runner has been the subject of an examination under the Rules 8(vi) and or (vii) and has been found to have received a Prohibited Substances, the Horse shall be disqualified from the Race and from other Races as the ERA determines.

ERA Rule 95AA – The ERA gives notice that the following substances are also deemed to be Prohibited Substances when presented above these thresholds:
* Cobalt at a mass concentration of 100 micrograms per litre in urine or 25 micrograms per litre in plasma

ERA Rule 95AAA 2 – Any Trainer or other Person in charge of a Horse, which is presented to Race or performed a Test, or has Raced or performed a Test which is found (upon analysis) to have had administered to it a Prohibited Substance, shall be liable to a Penalty.

ERA Rule 95AAA 9 – Notwithstanding the provisions of Rule 95AA no Person shall administer or cause to be administered any Medication to a Horse on Race day prior to such Horse running in a Race.

ERA Rules 95D(ii) – Upon the detection by an Accredited Racing Laboratory of a Prohibited Substance in the Sample from a Horse, such laboratory shall notify its finding to the Stewards, who shall then notify the Trainer of the Horse of such finding and give him the option to have the reserve portion of the Sample Tested at another ERA-approved Accredited Racing Laboratory. The Trainer will have 3 days to notify the Stewards of such requirement. A refusal by the Trainer to Test the reserve portion of the Sample shall not prevent the Stewards from having the reserve portion of the Sample Tested.

Stewards Panel:
Mr. Sam Shinsky (Chairman), Mr. Taylor Wilson, Mr. Hamad Al Shamsi and Mr. Dhahi Al Jallaf (Trainee).