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Background

On Wednesday, 22 January 2025 Racing NSW Officials attended Griffith Racecourse to conduct routine compliance checks.

Racing NSW Officials observed Mr Brock McDuff who was previously refused by Racing NSW to hold a licence riding Thoroughbred horse Sizzling Star which was in the care of licensed trainer Mr Gino D’Altorio.

At that time, Officials also observed Mr D’Altorio using a motor vehicle and jogger to lead a Thoroughbred horse on a public thoroughfare associated with Dalton Park.

Racing NSW Investigators commenced an investigation and conducted interviews with Mr Gino D’Altorio and Mr Eric Bruce Cashmere. Mr Brock McDuff returned a short time later with Sizzling Star which had been unsaddled.

Racing NSW Stewards today conducted an inquiry into the alleged conduct of Mr D’Altorio and Mr Cashmere. A brief of evidence complied by Investigator, Anna Tabet was tendered and oral evidence was taken from Mr D’Altorio, Mr Cashmere and Ms Anna Tabet.

Stewards considered the evidence and, as a result, issued a charge against Mr D’Altorio and a charge against Mr Cashmere as detailed below.

Charge issued against Mr Gino D’Altorio

Charge 1: LR80(A)

The details of the charge being that at 8:20am on the 22 January 2025 while driving a motor vehicle on a public thoroughfare or grounds associated with Dalton Park, he did lead a Thoroughbred horse by using a jogger being towed by the motor vehicle.

Plea: Not Guilty

Finding: Guilty

Penalty

The following penalty considerations were taken into account:

- Not Guilty plea
- Objective seriousness of the breaches
- Precedent penalties
- Personal and professional circumstances
- Principles of specific and general deterrence and what message is sent to the industry in respect to such conduct
- The importance of equine welfare for the Thoroughbred Racing Industry prior to, during racing and on retirement
- The purpose of issuing penalties as a protective measure for the image, interests and welfare of the Thoroughbred Racing Industry

Charge 1: LR80A – 3 months suspension of licence

Stewards ordered that the 3 month suspension be reduced to 2 months having regard to personal circumstances and other mitigating factors.

Under the powers afforded by AR283(7), Stewards ordered the commencement of the penalty be deferred for a period of seven (7) days, however, during this period Mr D’Altorio is not to start a horse in a race.

Accordingly, the period of suspension is to commence on 12 February 2025 and expires on 12 April 2025.

Mr D’Altorio was advised of his appeal rights.

Charge issued against Mr Eric Bruce Cashmere

Charge 1: AR229(1)(b) - Improper action in connection with racing

The details of the charge being that he did commit an improper action in connection with racing by instructing unlicensed person Mr Brock McDuff to undertake work on Sizzling Star consistent with training. He did so despite knowing Mr McDuff was not licensed to undertake such work.

On each occasion, he acted without the instruction from the licensed trainer of Sizzling Star, Mr Gino D’Altorio, nor did he advise Mr D’Altorio of your actions.

Plea: Guilty

Finding: Guilty

Penalty

The following penalty considerations were taken into account:

- Guilty plea
- Objective seriousness of the breaches
- Precedent penalties
- Personal and professional circumstances
- Principles of specific and general deterrence and what message is sent to the industry in respect to such conduct
- The importance of equine welfare for the Thoroughbred Racing Industry prior to, during racing and on retirement
- The purpose of issuing penalties as a protective measure for the image, interests and welfare of the Thoroughbred Racing Industry

Charge 1: LR80A – 1 month suspension of licence

Having regard to his guilty plea and other relevant considerations, Stewards ordered that the 1 month suspension be reduced to 3 weeks to commence immediately and to expire on 26 February 2025.

Mr Cashmere was advised of his appeal rights.

Relevant Rules

LR 80A
(1) A person must not, whilst driving a motor vehicle on a registered racecourse, public thoroughfare or grounds associated with a registered racecourse lead a horse from a motor vehicle in any manner including, but not limited to, by tethering a horse either behind or to the side of a motor vehicle or the use of any apparatus being towed by a motor vehicle;

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