Newspaper article The Daily Mercury (Mackay, Australia)

Trainer Successful in Appeal against Ban

Newspaper article The Daily Mercury (Mackay, Australia)

Trainer Successful in Appeal against Ban

Article excerpt

Turf Talk

with Mark Sleeman

MACKAY trainer Wayne Pomfrett has been cleared to resume training after having his appeal against a six-month disqualification for a positive swab upheld.

It is the second time in just over six years that Pomfrett has successfully appealed against a six-month disqualification for a positive swab.

In both instances his appeals have been based on procedural issues relating to the taking of the swabs.

aThere was no fresh evidence supplied (for the latest appeal),a Pomfrett said yesterday. aMy appeal was that there was major non-compliance on the day in respect to the taking of the swab, which would make the taking of the swab invalid,a he said.

Reasons for the Queensland Civil and Administrative Tribunal (QCAT) decision, handed down last Friday, have not yet been published.

But Racing Queensland has confirmed that Pomfrett's appeal was successful.

aAs we are still waiting for the reasons from QCAT, we cannot comment at this stage,a a Racing Queensland spokesperson said yesterday.

Pomfrett remains upset that Racing Queensland did not grant him a stay of proceedings when he indicated he was appealing the original decision of stewards to ban him for six months.

That meant he had been unable to train since the disqualification was handed down on January 21 until his appeal was successful.

aHow can they object to a stay of proceedings knowing I was appealing on the basis of there being major non-compliance on the day?a

Pomfrett had been disqualified after a pre-race blood sample taken from Hunters Moon at Ooralea Racecourse on October 19 last year was found to have a total plasma carbon dioxide concentration above the allowable threshold.

The charge is commonly known as the use of bicarb.

In June, 2004, Pomfrett was also disqualified for six months on a similar charge but the then Racing Appeals Tribunal offered no objection to an appeal being upheld.

The Racing Appeals Tribunal has since amalgamated with QCAT. …

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