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On 4 July 2024, Racing NSW Stewards attended the premises of licensed trainer Ms Cindy Browne in Wagga Wagga in relation to a welfare complaint regarding four (4) Thoroughbred horses.

Upon arrival at the location, Stewards observed the stabling and paddocks at the property to be in a state that did not comply with the ‘Minimum Standards & Guidelines of Equine Welfare’.

Additionally, Stewards inspected Thoroughbred horses Landmine, I’ll Tell Ya, Degan Way and Kaphero/Kingia 2019, all of which were in the charge of Ms Browne. All four horses had observably poor body condition.

Racing NSW commenced investigations into the matter including obtaining a number of Veterinarian reports, interviewing Ms Browne and conducting subsequent stable inspections.

As a result of the investigation, on 6 July 2024 Stewards issued single charge under LR114(2)(a) on Ms Browne and suspended her licence under AR23 pending the hearing and determination of the charge. She was also placed on the Racing NSW Excluded List on an interim basis.

On 26 July 2024, two additional charges were issued, along with an amended original charge.

Today, after taking evidence in the hearing, Stewards determined the matters as follows:

Charges issued against Ms Cindy Browne

Charge 1: LR114(2)(a)
The details of the charge being that, as at 4 and 5 July 2024, she was the registered trainer and/or person in charge of, or in possession, control or custody of Thoroughbred horses Landmine, I’ll Tell Ya, Degan Way and Kaphero/Kingia 2019. Racing NSW Officials and a Veterinarian assessed the health and welfare of horses at this time and found them to have body conditions scores ranging between 0 and 1. The poor body condition of the horses was due to insufficient nutrition, either entirely or in part.

Plea: Guilty
Finding: Guilty

Charge 2: LR114(2)(c)
The details of the charge being that, as at 4 July 2024, the stabling and paddocks in which Thoroughbred horses Landmine, I’ll Tell Ya, Degan Way and Kaphero/Kingia 2019 were located was littered with general and stable waste, including scrap metal and wood debris. Additionally, the fencing consisted of untightened wire, uncapped star pickets and broken wire. The condition of the stabling and paddocks did not comply with the standard approved by Racing NSW, nor do they meet the requirements of being adequately maintained or in a clean condition.

Plea: Guilty
Finding: Guilty

Charge 3: LR114(2)(a)
The details of the charge being that, at the relevant times, she was the registered trainer and/or person in charge of, or in possession, control or custody of Thoroughbred horses Landmine and Degan Way. During the period of approximately six months prior to 4 July 2024, she failed to provide sufficient nutrition resulting in Landmine’s body condition score deteriorating to a level of 0-1 and Degan Way’s body condition score deteriorating to a level of 0-1.5.

Plea: Guilty
Finding: Guilty

Penalty
The following penalty considerations were taken into account:

- Guilty plea was entered at the earliest opportunity,
- Objective seriousness of the conduct,
- Precedent penalties,
- Ms Browne’s personal and professional circumstances,
- Her lack of any prior related breaches,
- Principle of specific and general deterrence and what message is sent to the industry in respect to such conduct,
- Purpose of issuing penalties as a protective measure for the image, interests and welfare of the Thoroughbred racing industry.

Charge 1: LR 114(2)(a) – 7 months disqualification reduced to 5 months having regard to the plea and subjective factors.
Charge 2: LR 114(2)(c) – 4 months suspension reduced to 3 months having regard to the plea and subjective factors.
Charge 3: LR114(2)(a) – 9 months disqualification reduced to 6 months having regard to the plea and subjective factors.

The Stewards have determined that, given the nature of the breaches, charges 2 and 1 will be served wholly concurrently with charge 3. Having regard to the discount on pleas and mitigating factors, the total period of disqualification will be 6 months, commencing on 1 July 2024, being the date Ms Browne’s licence was suspended under the provisions of AR23.

The disqualification will expire on 6 January 2025.

Ms Browne was advised of her rights regarding appeal.

- M W Cleaver (Racing NSW, Operations Manager-Integrity)