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HIWU Drops Banned Substance Case Against Robertson

The Horseracing Integrity and Welfare Unit has dropped its banned substance case against trainer McLean Robertson after the results of a split sample test did not confirm initial findings.

Robertson had faced serious sanctions, up to a two-year suspension and a $25,000 fine, after HIWU alleged that Johnny Up , a 5-year-old gelding, tested positive for the progestin altrenogest after winning a June 4 start in a claiming race at Canterbury Park. Robertson also was immediately suspended after the finding under HIWU’s provisional suspension rules for allegations involving banned substances.

That all changed Friday evening when HISA and HIWU announced the case would be dropped against Robertson. Also, the victory by Johnny Up, who is campaigned by his breeder John Mentz, will remain in place.

“The results of the requested B sample of covered horse Johnny Up did not confirm the presence of altrenogest, a banned substance, which was indicated in the A sample finding,” HISA and HIWU said in a joint statement. “Accordingly, the provisional suspensions of trainer McLean Robertson and Johnny Up have been lifted, the notice of a potential equine anti-doping violation has been withdrawn by the Horseracing Integrity & Welfare Unit, and the matter has been closed.”

The provisional suspension cost Robertson several weeks of racing. As of Friday he had not started a horse since July 2.

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“I actually support most of what HISA is trying to do but of course the provisional suspension is an obvious exception to that,” Robertson said. “When you look at it, a provisional suspension is about as un-American as you can get. Everyone in racing should oppose it; all American citizens should oppose it.”

HIWU assigns provisional suspensions in cases where banned substances, which are never allowed to be in a horse, are alleged to be involved—a policy it says is needed to protect horses. It does not apply such immediate suspensions in allegations of controlled substances, which are allowed to be used in training but regulated on race day.

“In order to best safeguard the health and wellbeing of equine athletes and protect the integrity of the sport, the Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control rules mandate that a trainer be provisionally suspended if an A sample tests positive for a banned substance,” said the HIWU/HISA release. “The results management process includes the right for the affected trainer to request a testing of the B (or split) sample of the horse, as well as to request a provisional hearing.

“Provisional suspensions of this nature are utilized in most international horse racing jurisdictions, as well as in Olympic sports.”

Robertson said ultimately the system worked after a difficult few weeks. He hopes HIWU and HISA look further at both the provisional suspension policy and timing of initial announcements of findings (public disclosures) relative to split sample testing.

As for the two different lab findings, the HISA/HIWU statement said they continue to improve laboratory harmonization efforts through the implementation of the ADMC Program and have quality assurance procedures in place to check for inconsistencies between laboratories.

Altrenogest is used to halt estrus in mares. HISA rules prohibit altrenogest use in geldings, intact males, and spayed mares. HIWU has posted two more public disclosures involving altrenogest, one against trainer Mary Pirone and one against trainer Natalia Lynch.

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