Darryl Hansen wins appeal against ban

BRISBANE Sep 1 2016

Magic Millions winning trainer Darryl Hansen has successfully appealed a nine-month disqualification for allegedly having a horse with an elevated carbon dioxide (TCO2) reading.

In a judgment handed down on Thursday, Queensland's Racing Disciplinary Board found the process that followed from sending a second sample used in the case to Victoria for testing had been flawed.

Hansen pleaded not guilty to the charge of presenting How Can I Help with an elevated TCO2 reading after an unplaced run at Ipswich on August 18, 2015.

However, stewards found him guilty of the charge and disqualified him for nine months from October 2015.

Hansen, the trainer of the 2015 Magic Millions 2YO Classic winner Le Chef, appealed the conviction and sentence and was granted a stay of proceedings to continue training until a decision.

There have been several hearings in the months since his disqualification with the RDB reserving its judgment after final submissions in May.

The hearings heard lengthy arguments about the two samples used by stewards to convict Hansen and whether the second of them complied with the state's Racing Act.

Hansen's lawyers argued the B sample certificate which was obtained from the RASL Laboratory in Victoria had failed to meet the mandatory compliance requirements of the Act.

In Thursday's judgment, the RDB found the compliance requirements in the case of the second sample had not been carried out making that sample worthless.

The RDB found the receipt, testing and results of the B sample had been contrary to the certification and requirements of the Act.

"In the absence of both certificates being valid a prima facie case under the presentation rule cannot exist and the charge cannot be sustained," the RDB said.

"We would also add that this is certainly not a case where the stewards are at fault."

Hansen's lawyer Matt Tutt said his client had been vindicated after being put through a year-long process.

Mark Oberhardt - AAP

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