Not got a clue how to title this … But sounds big news
- Bob Brogan
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Not got a clue how to title this … But sounds big news
4 years 3 months ago
The National Horseracing Authority (NHA) confirms that on 14 May 2021, a Full Bench of the South Gauteng High Court upheld an Appeal by Afresh Brands Cape (Pty) Ltd and Afresh Brands KZN (Pty) Ltd and ordered the NHA to deliver the information referred to below, strictly in compliance with the terms of the Promotion of Access to Information Act, Act 2 of 2000 (PAIA). The judgement overturns an earlier decision of the South Gauteng High Court to the effect that the NHA had fully disclosed all information that Afresh sought.
As a result of urine samples taken from a number of race horses trained by several Trainers, allegedly testing positive for a substance prohibited by the NHA, certain feed samples supplied by the Trainers and Afresh, were tested for the presence of the substance by the NHA.
Following on these tests, Afresh had in December 2017 required the NHA to produce information which Afresh said it required for purposes of protecting its commercial rights. The information related primarily to the methodology which the NHA had employed when testing the horse feed samples. Afresh and the NHA had agreed that the Inquiries which precipitated the feed testing would be held over pending the outcome of Afresh’s Court Application (and subsequent Appeal). Although the NHA averred that the necessary information had been supplied to Afresh, the Court ordered that the information requested had to be provided strictly in accordance with the provisions of PAIA.
As the litigation process has now been completed, the NHA is at liberty to proceed with the Inquiries which had been placed on hold. This process will commence as soon as the information requested by Afresh has been made available to Afresh in the prescribed manner.
Enquiries:
As a result of urine samples taken from a number of race horses trained by several Trainers, allegedly testing positive for a substance prohibited by the NHA, certain feed samples supplied by the Trainers and Afresh, were tested for the presence of the substance by the NHA.
Following on these tests, Afresh had in December 2017 required the NHA to produce information which Afresh said it required for purposes of protecting its commercial rights. The information related primarily to the methodology which the NHA had employed when testing the horse feed samples. Afresh and the NHA had agreed that the Inquiries which precipitated the feed testing would be held over pending the outcome of Afresh’s Court Application (and subsequent Appeal). Although the NHA averred that the necessary information had been supplied to Afresh, the Court ordered that the information requested had to be provided strictly in accordance with the provisions of PAIA.
As the litigation process has now been completed, the NHA is at liberty to proceed with the Inquiries which had been placed on hold. This process will commence as soon as the information requested by Afresh has been made available to Afresh in the prescribed manner.
Enquiries:
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- Dave Scott
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Re: Not got a clue how to title this … But sounds big news
4 years 3 months ago
We are talking about 4 years, should any trainers be concerned?
If it follows the normal legal path in SA we in for a long haul. 🥱
If it follows the normal legal path in SA we in for a long haul. 🥱
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- Bob Brogan
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Re: Not got a clue how to title this … But sounds big news
4 years 3 months ago
Was this the case the MDK and Sean Tarry etc were implemented in?
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- Bob Brogan
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Re: Not got a clue how to title this … But sounds big news
4 years 3 months agoBob Brogan wrote: Was this the case the MDK and Sean Tarry etc were implemented in?
Seen the name of the trainers involved and they look pretty well spread out around the country
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- Bob Brogan
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Re: Not got a clue how to title this … But sounds big news
4 years 3 months agoBob Brogan wrote:Bob Brogan wrote: Was this the case the MDK and Sean Tarry etc were implemented in?
Seen the name of the trainers involved and they look pretty well spread out around the country
And FYI MDK`s name has not been mentioned/implemented
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- jim
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Re: Not got a clue how to title this … But sounds big news
4 years 3 months ago
Afresh is equifeeds so definitely will be wide spread. Mdk feeds his own mix made by epol so he won't be involved.
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- Bob Brogan
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Re: Not got a clue how to title this … But sounds big news
4 years 3 months ago
I never visit the Sporting Post these days but was WhatsApped this to post
www.sportingpost.co.za/2021/05/afresh-caffeine-matters-nhra/
Wonder how many millions this will cost the industry
www.sportingpost.co.za/2021/05/afresh-caffeine-matters-nhra/
Wonder how many millions this will cost the industry
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- Tigershark
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Re: Not got a clue how to title this … But sounds big news
4 years 3 months ago
Bob, the Sporting Post article by RB just sheds more light on the whole debacle. I took the NHA press release with a pinch of salt as I couldn't understand how they were going to proceed before the methodology they used when testing samples had only now been disclosed to Afresh and by court order. Why did they delay the case by not disclosing? Incidentally they received a bloody nose and were ordered to pay costs as well.
Besides, the caffeine present in the samples was 20 times lower than what is allowed in human athletes when in competition and by virtue of weight that would mean the caffeine concentration found was 100 times lower than the concentration needed to enhance performance.
Most concerning is the responses received by RB from the NHA, this in itself tells a scary story.
The story also reminds me of what Goody went through and how it destroyed his business proving that the charges against him regarding the traces caffeine couldn't stick.....sad really, yet the same machine remains in operation.
Besides, the caffeine present in the samples was 20 times lower than what is allowed in human athletes when in competition and by virtue of weight that would mean the caffeine concentration found was 100 times lower than the concentration needed to enhance performance.
Most concerning is the responses received by RB from the NHA, this in itself tells a scary story.
The story also reminds me of what Goody went through and how it destroyed his business proving that the charges against him regarding the traces caffeine couldn't stick.....sad really, yet the same machine remains in operation.
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