On 14 September 2021, Racing NSW Stewards conducted an inquiry into the treatment of the 2019 Frosted x Sixtyfour gelding at the Warwick Farm equine pool on the morning of Saturday, 28 August 2021.
Evidence was taken from trainer Bjorn Baker, foreman Stephen McLean, stablehands Daniel Henkel and Hannah Olden and Racing NSW Chief Veterinarian, Dr Toby Koenig.
In addition, Stewards considered a brief of evidence provided by the Racing NSW Investigations and Surveillance unit, which included witness statements and veterinary reports.
On 24 September 2021, Racing NSW Stewards received submissions on behalf of Mr Baker, Mr McLean, Mr Henkel and Ms Olden.
Stewards issued the following charges on 30 September 2021.
1. Mr Baker – AR227 – Failure to have sufficient controls, policies, protocols and education for staff to ensure his staff did not commit a breach of the cruelty provisions of AR231(1)(a) & (b) on the 2019 Frosted x Sixtyfour gelding on 28 August 2021 – noting Mr Baker was not present at the time the incident occurred.
2. Mr Mclean – AR231(1)(b) – Failure to exercise reasonable care, control and supervision to prevent acts of cruelty committed on the 2019 Frosted x Sixtyfour gelding on 28 August 2021.
3. Mr Henkel – AR231(1)(a) – Committed an act of cruelty on the 2019 Frosted x Sixtyfour gelding on 28 August 2021.
4. Ms Olden – AR231(1)(a) - Committed an act of cruelty on the 2019 Frosted x Sixtyfour gelding on 28 August 2021.
The hearing of the charges is scheduled to be conducted on Thursday 21 and Friday 22 October 2021.