Cole successful in appeal against disqualification

Trainer Cody Cole has successfully appealed his conviction for a Serious Racing Offence, with his 12-month disqualification quashed by an Appeals Tribunal.

Cole had been found guilty of wilfully failing to provide a drug test at Matamata on July 24 last year and was subsequently disqualified for 12 months in April.

However, an Appeals Tribunal comprising Alan Harper and James Rapley KC ruled on Monday that the Racing Integrity Board had not proved to the necessary standard that Cole had acted wilfully.

Cole had been given permission to leave Matamata Racecourse before providing a urine sample, on the proviso he returned before the 10.30am testing deadline.

On returning to his Tirau stable, Cole encountered an injured and exceptionally volatile horse which required veterinary attention. He maintained he was the only person capable of safely handling the horse and remained with it until it could be sedated.

The Tribunal found Cole had established a reasonable excuse for failing to return in time and noted the RIB had presented no evidence to counter his explanation.

“Given what is at stake in finding a serious racing offence proven, when such evidence of reasonable excuse is provided to the Respondent, it is incumbent upon the Respondent, if it wishes to submit the evidence should not be accepted, to investigate it,” the Tribunal said.

The Tribunal was critical of Cole for failing to contact investigator Richard Carr after the horse had been attended to or attempting to arrange another test that day, noting he had “got his priorities wrong”.

Cole subsequently returned a negative drug test eight days later, although that was outside the detection window for some substances.

The Tribunal stressed its decision did not diminish the importance of racing’s drug-testing regime, describing the circumstances as “exceptional”.

The finding of guilt and 12-month disqualification were both quashed.