A watershed first- time positive in South African racing history has shocked trainer Glen Kotzen, as the drug is not a veterinary product used in horses, but a human pain killer.
The National Horseracing Authority confirmed via a media release on Monday that at an Inquiry held at its offices in Cape Town on 11 June 2019 which was concluded on 21 November 2020, that Kotzen was charged with a contravention of Rule 73.2.4.
Disappointed but boxing on – Glen Kotzen (Pic – Candiese Lenferna)
The particulars being that he was the Trainer and the person responsible for Herodotus, which ran in and won the 6th race at Kenilworth Racecourse on 30 October 2018.
A urine specimen which was taken from this horse disclosed, upon analysis, the presence of O-Desmethyltramadol which is a prohibited substance in terms of the Rules of the NHRA. Kotzen pleaded not guilty to the charge, but was found guilty of the charge.
In arriving at a suitable penalty, the Inquiry Board took into consideration all mitigating factors and as this was a first offence, imposed a fine of R35 000.
Furthermore, in terms of Rule 72.3.2, Herodotus is disqualified from the said race and the provisions of Rule 67.7.8 shall apply.
Mr Kotzen has the Right of Appeal against both the finding and the penalty.
“I have taken it upon myself to investigate the contamination from water sources, environmental factors and human contamination and employed some of the best forensic experts both here and abroad. With thorough investigation together with the SAPS, wife Kathi and I found three staff members with IOD injuries in and around the time of Herodotus’s win that were taking the medication – which we have since learnt is routinely given to IOD patients who have undergone surgeries,” said Glen Kotzen.
The veteran trainer says that since this incident every employee has to sign a basic conditions of employment contract, which includes declaring and advising them of any schedule medication they are taking.
“We have also put up signage in our yard forbidding urination in and around our stable yard, together with general hand sanitization. Worldwide we have learnt that most O-Desmethyltramadol cases were human or environmental contamination.”
The Sporting Post is aware that In the UK, Richard Hannon received many positives over many years for the same product and he was eventually pulling his hair out at not being able to find the source.
Read more here about Hannon’s case
This case once again highlights the strict liability rule in this country, which automatically renders the trainer of the horse that tested positive liable to a prohibitive substance.
In most major racing jurisdictions around the globe, if the trainer can prove that he took all reasonable precautions to prevent the positive finding, then a finding is not made against him.
Tramadol is a class 2 prohibited substance which carries a penalty of between R69 000 and R115 000 for a first offence. Kotzen’s substantially lesser penalty of R35 000 is an indication that the inquiry board accepted that there were extreme mitigating factors in this case.
“Whilst we respect the role the NHRA plays in protecting our industry and know the value of their service, it is very sad that the strict liability clause ultimately makes me a guilty party and has caused our family tremendous emotional turmoil – let alone the enormous financial losses we have incurred. If a trainer abroad can prove that he took all reasonable precautions to prevent a positive, then the authorities won’t make a finding against the trainer concerned. I will request the review board to look at the finding with regards to my case,” concluded Kotzen, who also thanked the owners of Herodotus who had stood behind them while they investigated the cause of the contamination.
