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Racing NSW Stewards have conducted the hearing of charges issued against licensed trainer, Ms Michelle Borserio on Wednesday, 11 October 2023.

Background

On Tuesday, 3 October 2023, Stewards inquired into the circumstances surrounding the transfer of two 5% shares of the racehorse, “Exalted Dennis” where the transfer documents were signed on 26 September 2022 into the ownership of Mr Andrew Steiner and Mr Bradie Steiner without their consent.

Stewards further inquired into the subsequent transfer of the two 5% shares of the racehorse, “Exalted Dennis” on 31 March 2023, where transfer documents were signed and the two 5% shares were transferred into the name of licensed trainer, Ms Michelle Borserio without the consent of outgoing owners, Mr Andrew Steiner and Mr Bradie Steiner.

During the inquiry on 3 October 2023, evidence was taken from registered stablehand, Mrs Karen Steiner, registered stablehand Mr Andrew Steiner, licensed jockey Mr Bryan Murphy and licensed trainer Ms Michelle Borserio. Evidence was taken from registered owner Mr Bradie Steiner via video link.

On Wednesday, 11 October 2023 Stewards issued the following two charges against licensed trainer, Ms Michelle Borserio with the hearing of those charges scheduled for today’s date.

Charge 1: Fraudulent Practice

Licenced trainer Ms Michelle Borserio was charged under AR229(1)(a), in that she did engage in a dishonest, fraudulent, improper action or practice in connection with racing by reason of one of, or any combination or two or more of the following particulars.

1. Ms M Borserio is a licensed trainer with Racing NSW.
2. On 26 September 2022, she signed the transfer of ownership document for the racehorse, Exalted Dennis purporting to be Mr Bradie Steiner, and did this without Mr Bradie Steiner’s consent.
3. On the same date being 26 September 2022, she signed the transfer of ownership document for the racehorse, Exalted Dennis purporting to be Mr Andrew Steiner, and did this without Mr Andrew Steiner’s consent.
4. She signed this transfer of ownership document to release a 5% share of the racehorse Exalted Dennis to Mr Bradie Steiner and a further 5% share of the racehorse, Exalted Dennis to Mr Andrew Steiner.
5. As detailed in particulars 2-3, she did engage in a fraudulent practice in connection with racing.

Plea: Guilty

Charge 2: Fraudulent Practice

Licenced trainer Ms Michelle Borserio was charged under AR229(1)(a), in that she did engage in a dishonest, fraudulent, improper action or practice in connection with racing by reason of one of, or any combination or two or more of the following particulars.

1. Ms M Borserio is a licensed trainer with Racing NSW.
2. She signed the transfer of ownership document dated 31 March 2023, for the racehorse, Exalted Dennis purporting to be Mr Bradie Steiner, and did this without Mr Bradie Steiner’s consent.
3. She signed this transfer of ownership document to obtain Mr Bradie Steiner’s 5% share in the racehorse, Exalted Dennis.
4. She signed the transfer of ownership document dated 31 March 2023, for the racehorse, Exalted Dennis purporting to be Mr Andrew Steiner, and did this without Mr Andrew Steiner’s consent.
5. She signed this transfer of ownership document to obtain Mr Andrew Steiner’s 5% share in the racehorse, Exalted Dennis.
6. As detailed in particulars 2-5, she did engage in a fraudulent practice in connection with racing.

Plea: Guilty

Penalty

Charge 1 – 6 months disqualification (reduced to 4 months disqualification for guilty plea and good record)

Charge 2 – 6 months disqualification (reduced to 4 months disqualification for guilty plea and good record)

Penalty Considerations

The following penalty considerations were taken into account.

• Guilty pleas to both charges
• Good disciplinary record.
• Personal and professional circumstances.
• 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 and interests of the thoroughbred industry.
• 40 years involvement in the industry, including 16 years as a licensed trainer.

Having considered the principals of penalty concurrency and totality, the Stewards determined that the penalties for charges 1 and 2 be served concurrently. In total, Ms Michelle Borserio was disqualified for a period of 4 months, commencing immediately on 16 October 2023 and to expire on 16 February 2024.

Relevant Rule

AR 229 Corruption, dishonesty and misleading behaviour  

• A person must not:

 engage in any dishonest, corrupt, fraudulent, improper or dishonourable action or practice in connection with racing