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Background

On 12 September 2024, licensed trainer Pat Farrell’s trainer's licence was suspended for ten (10) months following a Stewards Inquiry into his conduct. Stewards ordered that the suspension was to commence on 19 September 2024 and to expire on 8 July 2025.

On 12 September 2024, Stewards advised Mr Farrell of the prohibitions on conduct of trainers during a period of suspension.

On 24 October 2024, Racing NSW Investigators commenced an investigation in respect of allegations concerning the alleged conduct of licensed trainer Pat Farrell while at the Muswellbrook race meeting on Monday 21 October 2024. Investigators obtained relevant video footage and other physical evidence.

On 25 October 2024, Racing NSW Officials attended Muswellbrook Racecourse where Mr Farrell took part in an electronically recorded interview. Racing NSW Investigators compiled a brief of evidence for consideration.

On 28 October 2024, Stewards issued a charge under AR267(e) against Mr Farrell as detailed below:

Racing NSW Stewards today (31 October 2024) conducted a hearing to determine the charge issued against licensed trainer, Pat Farrell. A brief of evidence compiled by Racing NSW Investigators was tendered with oral evidence being taken from Mr Pat Farrell.

Charge issued against Mr Pat Farrell

Charge 1: AR267(e)

The details of the charge being that at 3:35pm on 21 October 2024 at Muswellbrook Racecourse, he did enter the tie-up horse stalls (restricted area) as ‘Ollie’s Secret’ was being prepared to take part in race 5. He did enter the restricted area during the period of his licence suspension.

Plea: Guilty
Finding: Guilty

Penalty

Stewards considered submissions made by Mr Farrell in respect of penalty. The following penalty considerations were taken into account:

- Guilty plea
- Objective seriousness of the conduct
- Precedent penalties
- Mr Farrell’s personal and professional circumstances
- Principles of specific and general deterrence and what message is sent to the industry in respect to such conduct
- The purpose of issuing penalties as a protective measure for the image, interests and welfare of the Thoroughbred racing industry

Charge 1: AR267(e) – 2 months suspension of licence reduced to 1 month for guilty plea

In addition, the Stewards ruled that the provisions of AR270(A) should be applied, and that Mr Farrell’s period of ten (10) months suspension re-commence effective 21 October 2024 and to expire on 21 September 2025.

Mr Farrell was advised of his rights of appeal.

Relevant Rules:

AR267 Prohibitions on conduct of trainers during period of suspension

Unless otherwise authorised by the PRA or the Stewards in whose territory a suspension was imposed on a trainer (and upon such conditions as the PRA or the Stewards may in their discretion impose), a suspended trainer must not, during the period of that suspension:

(a) as a trainer or permit holder, nominate a horse for a race, official trial or jumpout;
(b) train, or participate in any way in the training or preparation for racing of, a horse (including without limitation the giving of instructions); (c) be registered as a stablehand;
(c) be registered as a stablehand;
(d) be employed by, or otherwise engaged to provide any service in any capacity to, any thoroughbred racing stable; or
(e) enter the mounting yard, scales area or horse stall area at a racecourse, save that a suspended trainer may enter such an area if he or she is the owner of a horse in that area.

AR270(A) Penalty for breach of terms of suspension

In addition to any of the restrictions that may apply to a suspended person under the Rules, the PRA or the body which imposed the suspension may order the suspended person:

(1) Except with the consent of the PRA or the Stewards in whose territory a suspension was imposed, a suspended person must not during the period of the suspension contravene any of the Rules in respect of, or the terms or conditions of, the suspension.
(2) Unless otherwise determined by the PRA or the Stewards in whose territory a suspension was imposed or adopted, if a person breaches subrule (1), the period of suspension imposed on that person must automatically restart from the most recent date of the breach, and the person may also be subject to further penalty.
(3) The provisions of subrules (1) and (2) apply to any suspended person, regardless of when the suspension was imposed.

- D.R. Hadley (General Manager – Investigations Racing NSW)