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On 24 May 2024, Thoroughbred horse Aunty Maree was euthanised by a registered veterinarian while under the care and control of licensed trainer Mr Roy McCabe.

On the 25 May 2024, Racing NSW Investigators commenced an investigation into the death by conducting interviews with witnesses, obtaining treatment records and veterinarian reports.

Racing NSW Stewards today (1 August 2024) conducted an inquiry into the circumstances surrounding and leading up to the death of Aunty Maree.

A brief of evidence compiled by Racing NSW Investigators was tendered and oral evidence was taken from licensed trainer Mr Roy McCabe, licensed jockey Ms Ashleigh Stanley, Mr Terry Rothery, Veterinarian Dr Mary Jane Stutsel and Racing NSW Official Veterinarian Dr Rose Bensley.

Stewards considered the evidence and, as a result, issued four (4) charges against Mr McCabe as detailed below.

Charges issued against Mr Roy McCabe

Charge 1: AR233
The details of the charge being that, between 31 October 2023 and 21 November 2023, he failed to report a suspected major fracture – specifically, a stress fracture to the long bones or pelvis of Aunty Maree - to the Stewards within seven days. This failure constituted a breach of the ‘RNSW Policy on Major Fractures or Other Major Orthopedic Injuries.’

Plea: Guilty
Finding: Guilty

Charge 2: AR231(1)(b)(iii)
The details of the charge being that, between 20 May 2024 and 23 May 2024, he failed to provide veterinary treatment to Aunty Maree where such treatment was necessary, in circumstances where the horse was significantly lame and displaying noticeable signs of injury.

Plea: Guilty
Finding: Guilty

Charge 3: LR114(2)(d)
The details of the charge being that, between 20 May 2024 and 23 May 2024, he failed to provide veterinary treatment to Aunty Maree where such treatment was necessary, in circumstances where the horse was significantly lame and displaying noticeable signs of injury.

Plea: Guilty
Finding: Guilty

Charge 4: LR114(3)
The details of the charge being that, between 21 May 2024 and 22 May 2024, he failed to exercise reasonable care and control to prevent Aunty Maree from being subject to unnecessary pain or suffering.

The circumstances were that, during this time period, Aunty Maree was experiencing such significant lameness and obvious signs of injury that the use of phenylbutazone did not sufficiently resolve the lameness. Despite this, he caused the horse to be placed on a walker for five minutes.

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,
- Mr McCabe’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 – $1000 fine reduced to $500 having regard to the plea and mitigating factors.
Charge 2: AR231(1)(b)(iii) – 9 months disqualification reduced to 7 months having regard to the plea and mitigating factors.
Charge 3: LR114(2)(d) - 9 months disqualification reduced to 7 months having regard to the plea and mitigating factors (to be served wholly concurrently with charge 2).
Charge 4: LR114(3) – 4 months disqualification reduced to 3 months having regard to the plea and mitigating factors.

The Stewards have determined that charge 3 will be served wholly concurrently with charge 2. Having regard to the discounts on pleas and the mitigating factors, the total period of disqualification will be 10 months commencing the 8 August 2024 and concluding the 8 June 2025.

Under the powers afforded by AR283(7), Stewards ordered the commencement of the penalty be deferred for a period of 7 days.

Mr McCabe was advised of his rights regarding appeal.

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