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Background

On 13 August 2024, Racing NSW Investigators commenced an investigation in respect of allegations concerning the alleged conduct of licensed trainer Pat Farrell towards industry participants and equine welfare.

Investigators interviewed industry and former industry participants, obtained incident reports and further physical evidence.

On 19 August 2024, Racing NSW Officials also conducted a stable inspection at the registered stable address of Mr Pat Farrell.

Racing NSW Officials examined the unnamed 4-year-old mare (Churchill/Alart 2020) which was located at Mr Farrell’s stable. Racing NSW Officials observed the mare to have an abnormal gait.

Racing NSW Officials issued Mr Farrell a direction to have a permitted Veterinarian examine the mare. A subsequent Veterinary report was provided to Racing NSW and no further action was deemed appropriate.

On 4 September 2024, Stewards opened an inquiry into these matters at Muswellbrook Racecourse. A brief of evidence compiled by Racing NSW Investigators was tendered with oral evidence being taken from licensed trainer Pat Farrell who was assisted by Solicitor, Paul O’Sullivan, licensed trainer Ms Jan Bowen as well as current and former industry participants.

Stewards considered the evidence and subsequently issued three (3) charges under AR233(b) against Mr Farrell. The inquiry was adjourned on the application of Mr Farrell to allow sufficient opportunity for him to make submissions.

Racing NSW Stewards today conducted a hearing to determine the charges issued against licensed trainer, Pat Farrell as detailed below:

Charges issued against Mr Pat Farrell

Charge 1: AR233(b) Workplace Harassment

The details of the charge being that between December 2023 and 9 August 2024, he did engage in workplace harassment of a person acting in the course of her duties while employed in the racing industry at Muswellbrook Racecourse, by directing improper language towards her.

Plea: Guilty
Finding: Guilty

Charge 2: AR233(b) Workplace Harassment

The details of the charge being that on 17 June 2024, he did engage in workplace harassment of a person acting in the course of her duties while employed in the racing industry at Muswellbrook
Racecourse, in the presence of other industry participants.

Plea: Guilty
Finding: Guilty

Charge 3: AR233(b) Workplace Harassment

The details of the charge being that between December 2023 and 9 August 2024, he did engage in workplace harassment of a person acting in the course of her duties while employed in the racing industry at Muswellbrook Racecourse, by directing words to the effect of threatening to strike or use a whip on her.

Plea: Guilty
Finding: Guilty

Penalty

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

- Guilty pleas
- Objective seriousness of the conduct which occurred over a prolonged time period
- 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: AR233(b) – 6 months suspension reduced to 5 months
Charge 2: AR233(b) – 3 months suspension reduced to 2 months (to be served wholly concurrent with Charge 1)
Charge 3: AR233(b) – 6 months suspension reduced to 5 months

The Stewards determined that charge 2 will be served wholly concurrent with charge 1. Having regard to the discounts for the early entry of guilty pleas and other mitigating factors, Stewards
ruled the total period of suspension be 10 months, to commence on 19 September 2024 and to expire on 8 July 2025.

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 Farrell is not to start a horse in a race.

Mr Farrell was advised of his rights of appeal.

Relevant Rules

AR 233 Other Misconduct Offences

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