Two decisions for positive drug tests against coach Steve Asmussen were lifted on July 3 by a judge of the court in Kentucky Circuit Court.
The decisions that go back by 2018 are concentrated by two follow -up tests for a metabolite acepromazine, a sedated class -b that is referred to as hydroxyethylpromazine sulfoxide or Heps. Acepromazin or ACE is usually used to composed horses for veterinary methods.
The judge of the Franklin Circuit Court, Phillip J. Shepherd, made an application for summary judgment, which raised the sanctions of the Kentucky Horse Racing Commission against Asmussen in the amount of $ 3,500 and a 30-day suspension.
The KHRC claimed that in 2018, A thousand percent positive for HEP Boldor With about twice as high as the legal limit tested.
The lawyer of Asmussen, Clark Brewster, argued that his client should not be disciplined because ACE was not determined in a post -road test.
In his decision, Shepherd wrote the KHRC “cannot prove that an over 10 ng/ml Heps is positive for an ACE violation of an ACE” conclusive evidence “. -Positive is.
He wrote that the KHRC “speculates an ACE violation that is based exclusively on the presence of Heps”.
Shepherd wrote that the KHRC violated state statutes by increasing “an internal political decision from 2013 – the voluntary Heps threshold values (racing medication and test consortium) – for the level of mandatory compliance.” The KHRC was also violated “by arbitrarily finding that the horses here with ACE in their systems without the support of vital evidence.
“The guidelines are not mandatory, and the Commission cannot start regulatory punishment on the failure to follow voluntary guidelines, without independent proof of an underlying against an underlying regulatory obligation in relation to ACE,” wrote Shepherd.
Heps appears in the “retreat guidelines” of the KHRC with the threshold of recognizing ACE as 10 nanograms per milliliter in the urine of Heps. It has a recommended payout guideline of 48 hours before the after time if it is administered 0.05 mg/kg intravenously. It was found that the guidelines for payment do not offer any guidelines if ACE is “managed orally or in any other way via an IV”. Ace was administered oral to Asmussens.
The judge found that a study “The argument that the voluntary retreat guidelines themselves are not an vital proof that ACE is available during a breed, since the oral administration can leave traces of HEPs beyond the 48-hour guidelines for the IV administration.
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