Newcastle trainer Darren Smith faces a lengthy disqualification when Racing NSW stewards reconvene their inquiry into his cobalt-related charges later this month, reports Racing Network.

On Tuesday Racing NSW stewards found Smith guilty of 42 charges stemming from cobalt being detected at "excessive levels" from his horses in races from February to May last year.

Racing NSW chairman of stewards Ray Murrihy said the remaining 20 charges against Smith did not need to be determined as they were alternative charges.

Under the mandatory penalty rules introduced by the Australian Racing Board, Smith faces a minimum three-year disqualification.

Racing NSW stewards will consider the penalty to be imposed on Smith when it reconvenes on March 20 as Paul O’Sullivan, legal counsel for Smith, is currently overseas.

The levels of cobalt in the 20 horses trained by Smith vary from 224 micrograms per litre in urine to 6470 micrograms per litre in urine.

A total of 11 horses returned a reading above 1000 micrograms per litre in urine.

The threshold for cobalt, introduced in Victoria last April and the rest of the country from January 1 this year, is 200 micrograms per litre in urine

Murrihy said Racing NSW stewards had decided to outline publicly the reasons behind their more critical findings.

He said stewards determined that cobalt, at the levels detected, is a prohibited substance pursuant to the Rules of Racing.

Murrihy said cobalt is a prohibited substance pursuant to AR178B(1) as it is an agent that is capable of causing either directly or indirectly an action or effect, or both an action and an effect, on the blood system.

He added that it is a prohibited substance pursuant to AR178B(2) as it is an haematopoietic agent; and it is a prohibited substance pursuant AR177B(2)(l) as it is a hypoxia-inducible factor (HIF)-1 stabiliser.

Murrihy said O’Sullivan submitted that cobalt was not a prohibited substance prior to the introduction of the threshold in the Australian Rules of Racing on January 1, 2015.

But, he said, that submission was not supported by AR178C(1), which exempts cobalt from being a prohibited substance under AR178B if present at concentrations at or below the threshold rather than, as O’Sullivan submitted, deeming cobalt to be a prohibited substance if present at concentrations over the threshold.

“Further, the intent of the threshold is to recognise that cobalt naturally occurs within horses and elevated readings can result from horses being administered registered supplements in accordance with the manufacturer’s guidelines,” Murrihy said.

“However, those issues do not arise in this case as Smith has admitted that he was provided with a bottle by Shannon Wonson that contained cobalt and he administered cobalt to horses in his stable.

“In this respect, Mr Smith maintained that he administered cobalt to horses that were ‘poor eaters’ and that (all) of those horses detailed above, in which elevated levels of cobalt were detected, were poor eaters.

“Mr Smith does not maintain that the elevated levels arose from administration of registered supplements in accordance with the manufacturer’s guidelines but has instead defended the charges on the basis that cobalt was not a prohibited substance until a threshold was introduced.

“For the reasons outlined above, that construction is not supported by a proper analysis of the Australian Rules of Racing.”

Murrihy said O’Sullivan also sought to maintain that, during a conversation between Mr Smith and Racing NSW official veterinarian Dr Craig Suann, Dr Suann did not inform Mr Smith that cobalt was a prohibited substance.

He said that submission was not supported by a proper analysis of the Australian Rules of Racing and that the context of that conversation is relevant.

“Mr Smith made general enquires of Dr Suann in respect of thresholds adopted by Racing Victoria and Harness Racing NSW and the use of registered supplements,” Murrihy said.

“He (Smith) did not inform Dr Suann that he was injecting cobalt chloride. In response to those general enquires, Dr Suann informed Mr Smith that even in the absence of adoption of a threshold, the stewards could order the testing of samples for evidence of elevated cobalt concentrations.”