Times Of India 15 th August 2014. Mumbai. Edition

Boldenone controversy: RWITC forced to rethink rule

MUMBAI: The Royal Western India Turf Club (RWITC) will have a relook at the contentious vicarious responsibility rule after the inquiries into the two present cases involving trainers Pesi Shroff and Subhag Singh get over. 

Two horses, Bullseye (Shroff) and Mahaakaushal (Subhag) had tested positive for anabolic steroid Boldenone on their arrival at RWITC well before they were handed over to the respective trainers. On the basis of vicarious responsibility, stewards had suspended Shroff, who later appealed and got relief from the Board Of Appeal (BOA). 

The BOA has asked stewards to reconsider fresh evidences. In Subhag's case, the trainer has decided to send confirmatory samples. "The stewards plan to review the rules involving vicarious responsibility in cases where the horses tested positive on their arrival at RWITC," Vivek Jain, chairman RWITC, told TOI on Thursday. 

"It, however, depends on the circumstances of each case," added Jain. "The subject of punishments arising out of anabolic findings needs to be deliberated by the stewards post the enquiries after studying international trends and after taking the opinion of trainers and owners. We need to move towards complete drug free racing and adopt the best practices that act as a deterrent to offenders," Jain opined. 

The RWITC chairman, however, refused to comment on both the cases. "As far as Subhag's case is concerned, he is related to my principal trainer. Hence, I will not take any part in this case. However, in Shroff's case, I have recused myself from the enquiry. The defendants (trainer Shroff Nanoli) have been relentlessly spreading the word that I was and am "prejudiced" and the trainer even stated in his appeal that he was a "victim of club politics". Though I have every right to participate and am only one of the eight stewards who would decide on the issue, I have suo motu and sans pressure decided to excuse myself from this enquiry," he stressed. 

Nanoli Stud and Bullseye co-owner Khshroo Dhunjibhoy strongly feels that the stewards' inquiry was not fair. 

"All the stewards who sat on the inquiry were either elected with Mr. Jain's support or appointed by him, except Pra veen Dixit, DG Anti-Corruption Bureau, who gave a dissenting note saying the line of questioning by Jain was prejudiced. The stewards also showed undue haste in suspending Shroff for nine months without any investigation when the police were still probing the case. All horses of Shroff were subjected to tests after the judgment which was unprecedented. All of them, however, came clean," said Dhunjibhoy. 

What is vicarious responsibility? 

Vicarious means responsibility that arises from the fact that horse is under trainer's care and control. In medication offences, it becomes impossible to prove culpability and a trainer faces a punishment because he is vicariously responsible. 

However, he is given an opportunity to prove mitigating circumstances in which case the vicarious punishment can be moderated or even waived.