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On the 16 August 2022, five-year-old gelding Windabull while in the care of licensed trainer Striling Osland sustained a lateral condylar fracture of the near hind fetlock.

On 18 August 2022, Windabull underwent surgical repair, undertook nine months rehabilitation and then returned to racing on the 26 March 2023. In July 2023, Windabull was advertised for sale on Inglis Digital and sold to trainer Bryan Dixon Jnr.

On 2 September 2023, during the running of race 6 at Mendooran, Windabull sustained a catastrophic injury to its near foreleg and was consequently euthanised.

Investigators commenced an investigation and conducted interviews with witnesses, obtained treatment records and veterinarian reports in respect to Windabull and other horses in the care of Stirling Osland.

The Investigation revealed that between August 2022 and 18 June 2024, a further four (4) horses sustained major fractures while in the care of Stirling Osland.

Racing NSW Stewards conducted an inquiry into circumstances surrounding the major fractures sustained by the five (5) horses in the care of Stirling Osland. A brief of evidence compiled by Racing NSW Investigators was tendered and oral evidence was taken from licensed trainer Mr Stirling Osland and Racing NSW Official Veterinarian Rose Bensley.

Stewards considered the evidence and determined that Mr Stirling Osland did not intentionally fail to disclose the previous veterinary history to Mr Bryan Dixon Jnr at the time of sale. In these circumstances, a charge under the rules was not appropriate.

Stewards determined that Mr Osland failed to adhere to the RNSW Policy on Major Fractures or Other Major Orthopedic injuries and/or the Racing Australia Code of Practice, Compulsory reporting of major fractures, orthopedic surgery and approval of affected horses to return to racing.

Stewards identified further failures on behalf of Mr Osland with respect to the recording or medication/treatments, failing to lodge stable return amendments as required and subsequently issued the charges below:

Charges issued against Mr Stirling Osland

Charge 1: AR233(a)
The details of the charge being that, between 16 August 2022 and 26 March 2023, he failed to adhere to the policies regarding the return to training and to racing of a horse which has sustained a major fracture or other major orthopaedic injury regardless of whether or not surgery was conducted to repair the fracture/injury – specifically, a lateral condylar fracture of the left hind fetlock to Windabull. This failure constituted a breach of the ‘RNSW Policy on Major Fractures or Other Major Orthopedic Injuries.’

Plea: Guilty
Finding: Guilty

Charge 2: AR88(B)
The details of the charge being that between 22 June 2023 and 3 October 2023, he failed to report a suspected major fracture – specifically, an apical fracture of the medial sesamoid to Tupelov - to the relevant PRA within seven days of the injury. This failure constituted a breach of the ‘Racing Australia Code of Practice: Compulsory reporting of major factures, orthopedic
surgery and approval of affected horses to return to racing.’

Plea: Guilty
Finding: Guilty

Charge 3: AR88(B)
The details of the charge being that between 6 September 2023 and 5 June 2024, he failed to report a suspected major fracture – specifically, a mid-sized apical fracture of the medial sesamoid to Point Counterpoint - to the relevant PRA within seven days of the injury. He further failed to comply with the protocols as stipulated in the’ Racing Australia Code of Practice: Compulsory reporting of major factures, orthopedic surgery and approval of affected horses to return to racing.’

Plea: Guilty
Finding: Guilty

Charge 4: AR88(B)
The details of the charge being that between 6 March 2024 and 16 March 2024, he failed to report a suspected major fracture – specifically, a stress fracture of the pelvis to Dance Off - to the relevant PRA within seven days of the injury. This failure constituted a breach of the ‘Racing Australia Code of Practice: Compulsory reporting of major factures, orthopedic surgery and approval of affected horses to return to racing.’

Plea: Guilty
Finding: Guilty

Charge 5: AR88(B)
The details of the charge being that between 18 June 2024 and 25 June 2024, he failed to report a suspected major fracture – specifically, a stress fracture of the ilial wing to Skit ‘N’ Skat - to the relevant PRA within seven days. This failure constituted a breach of the ‘Racing Australia Code of Practice: Compulsory reporting of major factures, orthopedic surgery and approval of affected horses to return to racing.’

Plea: Guilty
Finding: Guilty

Charge 6: AR296(2)(d)(1)
The details of the charge being that upon inspection of his stable premises on the 30 July 2024, it was found that five (5) horses in his care had incorrect particulars in their stable returns, namely;

Point Counterpoint – Listed as Spelling but Active
Tupelov – Sustained a major injury on the 22 June 2023 and remained Active until retired on the 3 October 2023
Skit ‘N’ Skat – Listed as Active but Spelling since 19 June 2024
Autumn Sun / Our Quivira Colt – Listed as in the care of Edward O’Rourke but Active in the stable of Stirling Osland
Flying Squad – Sustained a major injury in August 2022 and remained listed as Active until 27 April 2023 before being transferred then Retired on 25 June 2024

Plea: Guilty
Finding: Guilty

Charge 7: AR104(2)
The details of the charge being that he failed to record the name, the amount, date and time medication or treatment was administered to thoroughbred horses in his care on ten (10) occasions.

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 breach,
- Precedent penalties,
- Mr Osland’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(a) – $1000 fine reduced to $750 having regard to the pleas and mitigating circumstances
Charge 2: AR88(B) – $1000 fine reduced to $750 having regard to the pleas and mitigating circumstances
Charge 3: AR88(B) – $2000 fine reduced to $1500 having regard to the pleas and mitigating circumstances
Charge 4: AR88(B) – $1000 fine reduced to $750 having regard to the pleas and mitigating circumstances
Charge 5: AR88(B) – $1500 fine reduced to $750 having regard to the pleas and mitigating circumstances
Charge 6: AR296(2)(d)(i) – $1000 fine reduced to $750 having regard to the pleas and mitigating circumstances
Charge 7: AR104(2) – $1500 fine reduced to $1000 having regard to the pleas and mitigating circumstances

The total fine issued was $6250. Mr Osland was advised of his rights of appeal.

Relevant Rules

AR 233 Other Misconduct Offences

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