249. The Racing Stewards may order at any time and place that samples for analysis are carried out to determine whether a prohibited or illicit substance was or is in or on a horse.
250. An examination or a post mortem or a sample for analysis may be conducted on a horse which is alive or dead.
251. For the purposes of sampling or examining, the Racing Stewards may take possession of a horse for such period and subject to such conditions as they think fit. Trainers or their representatives may be present when their horses are stabled for supervision or detention.
252. The connections of a horse shall comply with any directions relating to sampling and examining given by the Racing Stewards.
253. For the purposes of sampling and examining a horse the Racing Stewards may use the services of an approved Veterinary Surgeon or any appropriately qualified person which may include an analyst sample collector approved by MTCSL.
254. Blood, urine, saliva, or other matter or samples may be taken from a horse for the purposes of analysis and examining and may be stored, frozen or otherwise dealt with, and shall be disposed of only as the Racing Stewards may direct.
62 255. Where the Racing Stewards suspect that a prohibited or illicit substance was or is in or on a horse or that blood, urine, saliva, or other matter or sample taken from a horse may contain a prohibited or illicit substance, they may withdraw the horse from a race, bar it from racing for a period, or give such direction about the horse as they consider appropriate in terms of rule 240 or rule 264.
256. It is an offence for a person to fail to comply with a direction given under the rules or to interfere with or prevent or endeavour to interfere with or prevent the carrying out of sampling or examination.
Any person failing to comply with any of Rules above shall be guilty of a contravention of these Rules and shall be liable to any of the penalties provided by Rule 11(d).
257. The Racing Stewards may, at any time, and wherever a horse may be, order that samples of saliva, urine, perspiration, blood, tissue, hair or other sample be taken from any horse registered with MTCSL for testing by an Analyst approved by MTCSL or any laboratory designated by MTCSL.
258. The trainer, or his representative duly authorised by MTCSL, may be present to witness the taking of any samples and witness the sealing of the samples provided this does not cause undue delay in the taking or despatch of such samples.
259. Samples collected under a secure chain of custody shall be split into an ‘A Sample’ and
‘B Sample’. The ‘A Sample’ shall be sent to the laboratory designated by the Racing Stewards for analysis. The ‘A Sample’ shall be the sole sample used for primary analysis.
Any split portion of the same sample, however named, should not be sent to a second designated laboratory for primary analysis without the knowledge and consent of designated laboratory that tested the ‘A Sample’. The ‘B Sample’ may be analysed for substances identified in the ‘A Sample’ either automatically or at the option of the trainer, or of the Racing Stewards.
(a) If upon examination of the ‘A sample’ by the laboratory designated by the Racing Stewards, a prohibited or illicit substance is detected, the Racing Stewards shall, upon being notified of the findings, shortly after, notify the trainer of the horse of the findings.
(b) Upon being informed of the findings, the trainer or, his licensed representative, may within 48 hours from the time he is informed, make a written request to the Racing Stewards for the “B sample” to be despatched for analysis to the designated laboratory at his own cost.
(c) Where a request is made to the Racing Stewards under sub-paragraph (b), the Security Official shall despatch the B sample to: -
(i) in the case where the trainer or his duly licensed representative has specified the designated laboratory in his request under Rule 244, that designated laboratory; or (ii) in case no laboratory has been specified, one of the designated laboratories chosen by
the Racing Stewards for the analysis of the substance detected in the ‘A sample’
together with advice as to the nature of the prohibited or illicit substance detected.
63 260. Subject Rule 259 (a) and (b), the Racing Stewards may in the absence of a request under Rule 259 (b) on their own motion cause the ‘B Sample’ to be analysed at such designated laboratory as they may choose.
261. Where a designated laboratory is unable for any reason, to analyse a sample, that laboratory or the Racing Stewards may refer the said sample, or any portion of the said sample, to another designated laboratory for analysis.
262. If the designated laboratory to which a sample or portion of a sample was referred, pursuant to the rules, detects a prohibited or illicit substance in that sample or portion of that sample, that laboratory shall-
(a) notify the Racing Stewards of its finding, and the latter shall, shortly after, notify the trainer of the horse accordingly; and
(b) the provisions of Rule 259 will apply.
263. Where a trainer has admitted, in writing, by signing the prescribed form, that the specimen concerned contained an illicit or prohibited substance specified in the certificate relating to the analysis of the ‘A sample’, then it shall be deemed conclusively proved in any proceedings against the trainer that that specimen contained the specified prohibited substance.
264. If upon examination by an analyst appointed or approved by MTCSL a sample taken from a horse: -
(a) when it is presented on a race course to run, or runs in a race; or
(b) at any time within a period of 48 hours preceding the day of the race in which it is or was due to run; or
(c) at any time on the day of a race on which it is or was due to run, prior to the running of such race;
(d) at any time on the day when it is presented for the purpose of determining whether a suspension should be lifted or for the purpose of a gallop to determine its fitness;
shall be guilty of an offence if any prohibited substance is found in the sample where the Racing Stewards or Chief Executive Officer shall, upon being notified of the findings: -
(i) notify the trainer of the horse or his representative of such finding;
(ii) order the horse to be withdrawn from the race for which it was entered; and (iii) conduct such inquiry as they consider appropriate and shall decide the period
during which the horse shall not be permitted to race.
265. When a sample taken from a horse has been found to contain any prohibited substance, either pursuant to Rule 264 or following a confirmatory post-race sample, the trainer and any other person who is in charge of such horse at the relevant time shall be guilty of an offence and be liable to any of the penalties provided in Rule 11(d).
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266. Any person who has reasonable ground to suspect that an offence has been or is likely to be committed under these Rules shall, as soon as it is reasonably practicable to do so, inform the Directors or the Racing Stewards accordingly, otherwise that person shall commit an offence against these Rules and shall be liable to any of the penalties provided for in Rule 11(d).
267. No person shall be absolved from guilt under these Rules by reason that the substance disclosed was administered by or on the advice of a Veterinary Surgeon.
268. Where a prohibited substance is detected by an analyst approved by MTCSL in a sample taken from a horse immediately after it has run in a race -
(a) the results of the analysis of the sample shall be conclusive evidence that the horse was under the influence of such substance at the time the horse ran in the race following which the sample was taken; and
(b) the Racing Stewards shall, upon taking cognizance of the results of the analysis, conduct such inquiry as they consider appropriate and may disqualify the horse.
269. A certificate under the hand and signature of an analyst approved by the MTCSL shall be evidence of an analytical test and of its results at any inquiry or other hearing.
270. The Racing Stewards may refuse permission for a horse which has been withdrawn under Rule 264 or disqualified under Rule 268 to participate in any race until the horse has passed an elective test confirming the clearance of the prohibited substance which has been detected in its body.
Any person failing to comply with any of Rules above shall be guilty of a contravention of these Rules and shall be liable to any of the penalties provided by Rule 11(d).