On Monday, the Ontario Racing Commission issued its official ruling on the positive test of Henrik Hollsten, trainer of record for 2011 Elegantimage winner Crys Dream
.
Following her victory in the $519,000 final of the Elegantimage Stakes on June 18 at Mohawk Racetrack, Crys Dream tested positive for the Class 2 drug O-desmethylvenlafaxine, an antidepressant commonly known as ‘Pristiq.’ The FDA in the United States approved the drug for antidepressant use in February 2008, and Health Canada approved its use for treatment of depression in February 2009. Crys Dream's connections had argued that the test came as a result of contaminated water from the Grand River, not far from Hollsten's training track.
Upon hearing the appeal, the ORC has suspended Hollsten for 270 days effective March 10, 2012 and fined him $3,000. As a result, Crys Dream finished first and is disqualified, the purse is ordered redistributed and trainer-driver fees are ordered returned and redistributed.
The official reasons for the decision from the ORC are available below.
ORC Reasons for decision regarding positive test certificate reference # Moh-11-28
- The listed trainer on the horse Crys Dream was Henrik Hollsten and we recognise Mr. Hollsten as the trainer of record and hold Mr. Hollsten responsible for the positive test under ORC rules.
- We accept Dr. Uboh’s report stating that the drug O-Desmethylvenlafaxine was found in the urine but was not found in the blood sample.
- We consider a Positive Test Certificate as Prima Facia evidence in the absence of evidence to the contrary. We do not have evidence to the contrary in this case as the certificate says that the drug was found in the urine and this was confirmed by the testing done by Dr. Uboh. We do not believe that the drug must be found in both urine and blood for the test to be considered valid.
- The opinion of Dr. Uboh that the drug being found in urine only establishes that the drug has already vacated the horses system and is simply waiting in the waste of the horse, therefore there is no pharmacological effect, may be considered when considering penalty, but it does not invalidate the positive test.
- Dr. Uboh and Dr. Chambers disagree on the effect that this drug may have had on Crys Dream during her race on June 18/11. Once again we will consider this information when determining any mitigating factors when considering penalty.
- We heard evidence that the Grand River is contaminated with many drugs including O-Desmethylvenlafaxine and Venlafaxine, and the farm where Crys Dream was stabled is less than 1 KM from the river. However we did not hear any direct evidence that this is the definite source of the drug. The wells were tested in November and the drug was not found, it is possible that the drug was absent because the water levels had dropped, but that is only a possibility. Also we have no other positive tests for this drug from this farm or any other farm in the area.
- In the absence of any compelling evidence that the waters of the Grand River did or could contaminate these wells, we dismiss the well contamination argument as speculation without substantial foundation.
- No staff at the farm admits to using this drug therefore we have no reason to consider any contamination from them.
- We did hear from Ms. Dziambor that this horse races better when she is climbing the walls. However this could be construed as admitting that this horse is high strung and may need this type of drug to calm her down or to get her to focus.
- It is accepted and not argued that O-Desmethylvenlafaxine is a Class 2 drug under the RCI guidelines.
- Penalty Guidelines for this drug are a minimum penalty of, 1 year full suspension and a $5000 fine
We considered the following as mitigating factors toward penalty:
- Hollsten’s and Dubois’ clean history for positive tests
- Uboh’s contention that the drug did not enhance the horse’s performance
- The possibility of contamination from the Grand River
- The loss of $260,000 in purse money
Original signed by the judges:
Tom Miller (Presiding), Rick Rier, Bill Maertens
(with files from the ORC)