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On 19 June 2023, by Racing NSW Stewards inquired into allegations of equine welfare breaches under Local Rule 114 by Ms Chynna Marston, a person connected with racing and registered owner, Mr Alex Kean.

Stewards have today issued charges under Local Rule 114 and Australian Rule 228(a). Charges will be heard at Racing NSW Head Offices - 10am, Wednesday 28 June 2023.

Ms. Chynna Marston

• Charge 1: LR114(2)(a) Between the period on or around 27 March 2023 and 5 June 2023, did fail to provide sufficient nutrition to 12 thoroughbred horses.
• Charge 2: LR114(2)(d) Between the period on or around 14 February 2023 and 27 March 2023, did fail to provide veterinary treatment to the 6 named thoroughbred horses.
• Charge 3: AR228(a) Did engage in conduct that was prejudicial to the image, interests, integrity or welfare of racing, by failing to ensure the welfare of thoroughbred horses.

Mr. Alex Kean

• Charge 1: LR114(2)(a) Between the period on or around 27 March 2023 and 5 June 2023, did fail to provide sufficient nutrition to 12 thoroughbred horses.
• Charge 2: LR114(2)(d) Between the period on or around 14 February 2023 and 27 March 2023, did fail to provide veterinary treatment to the 6 named thoroughbred horses.
• Charge 3: LR114(4) Did destroy a thoroughbred horse and failed to confirm the decision to destroy that horse with a veterinary surgeon.
• Charge 4: AR228(a) Did engage in conduct that was prejudicial to the image, interests, integrity or welfare of racing, by failing to ensure the welfare of thoroughbred horses.

RELEVANT RULES OF RACING

LR114(2)(a) - Equine Welfare

(2) A registered owner, trainer or any person that is in charge of or has in his or her possession, control or custody of any horses (Eligible Horses, Unnamed Horses and Named Horses) must ensure that any such horses are provided at all times with:

(a) proper and sufficient nutrition and water.

LR114(2)(d) - Equine Welfare

(2) A registered owner, trainer or any person that is in charge of or has in his or her possession, control or custody of any horses (Eligible Horses, Unnamed Horses and Named Horses) must ensure that any such horses are provided at all times with:

(d) veterinary treatment where such treatment is necessary or directed by Racing NSW.

 LR114(4) - Equine Welfare

(4) A registered owner, trainer or any person that is in charge of or has in his or her possession, control or custody of any horses (Eligible Horses, Unnamed Horses and Named Horses) is not to euthanize or destroy a horse (or permit a horse to be euthanized or destroyed) unless a registered veterinary surgeon has certified in writing that it necessary on welfare or safety grounds, or for reasons approved in writing by Racing NSW, or unless under extreme circumstances where it is necessary for a horse to be euthanized immediately and the decision is subsequently confirmed by a veterinary surgeon. In the event that a registered veterinary surgeon has certified in writing that it necessary for a horse to be euthanized on welfare or safety grounds or for reasons approved in writing by Racing NSW, then the horse can only be euthanized by a registered veterinary surgeon and is not to be sent to an abattoir or knackery or similarly disposed of.

 AR228(a) - Conduct prejudicial to the interests, integrity, or welfare of racing

A person must not engage in:

• Conduct prejudicial to the image, interests, integrity, or welfare of racing, whether or not that conduct takes place within a racecourse or elsewhere.