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Background

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

On 18 August 2022, Windabull underwent surgical repair and undertook nine months rehabilitation before receiving veterinary clearance to return to racing on the 26 March 2023.

Windabull subsequently raced on 6 further occasions while under the care of Mr Osland. In July 2023, Windabull was advertised for sale on Inglis Digital and sold to trainer Mr 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 euthanized.

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 Mr 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 Mr Osland.

Racing NSW Stewards conducted an inquiry into circumstances surrounding the major fractures sustained by the five (5) horses in the care of Mr Stirling Osland and whether he had complied with his obligations to report those matters to Racing NSW.

A brief of evidence compiled by Racing NSW Investigators was tendered and oral evidence was taken from Mr Osland and Racing NSW Official Veterinarian Dr Rose Bensley.

Stewards considered the evidence and determined that Mr Osland did not intentionally fail to disclose the previous veterinary history of Windabull 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 Racing NSW 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 requirements of the policies regarding the return to training and to racing of a horse which had 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 ‘Racing NSW 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 pelvis 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 licensed trainer Mr Edward O’Rourke but Active in the stable of Mr Osland
Flying Squad – Sustained a major injury in August 2022 and remained listed as Active until 27 April 2023 before being transferred and 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 breaches,
- 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 his guilty plea and other mitigating circumstances

Charge 2: AR88(B) – $1000 fine reduced to $750 having regard to his guilty plea and other mitigating circumstances

Charge 3: AR88(B) – $2000 fine reduced to $1500 having regard to his guilty plea and other mitigating circumstances

Charge 4: AR88(B) – $1000 fine reduced to $750 having regard to his guilty plea and other mitigating circumstances

Charge 5: AR88(B) – $1500 fine reduced to $750 having regard to his guilty plea and other mitigating circumstances

Charge 6: AR296(2)(d)(i) – $1000 fine reduced to $750 having regard to his guilty plea and other mitigating circumstances

Charge 7: AR104(2) – $1500 fine reduced to $1000 having regard to his guilty plea and other mitigating circumstances

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

Relevant Rules

AR 233 Other Misconduct Offences

A person must not:
(a) breach a policy, regulation or code of practice published by Racing Australia or a PRA;

AR88B(3) Horses returning from extended layoffs, injuries ect

(3) Where a horse has sustained a major fracture and/or undergone major orthopaedic surgery, the trainer and any other person in charge of the horse must comply with the Racing Australia Code of Practice: Compulsory reporting of major fractures, orthopaedic surgery and approval of affected horses to return to racing (as amended from time to time) in respect of reporting such events and any future training of the horse and/or running of the horse in a race, official trial or jump-out. For the purposes of this subrule, “major fracture” and “major orthopaedic surgery” have the meanings given to them in the Code of Practice.

AR 296 Named horse change of location

(2) A trainer must:
(d) lodge an amendment to a Stable Return immediately if:
any particulars on the Stable Return have changed;

AR 104 Trainers must keep treatment records

(1) A trainer must record any medication or treatment administered to any horse in the trainer’s care by midnight on the day on which the administration was given.

(2) For the purpose of subrule (1), each record of administration must include the following information:
(a) the name of the horse;
(b) the date and time of administration of the treatment or medication;
(c) the name of the treatment or medication administered (brand name or active constituent);
(d) the route of administration including by injection, stomach tube, paste, topical application or inhalation;
(e) the amount of medication given (if applicable);
(f) the duration of treatment (if applicable);
(g) the name and signature of the person/s administering and/or authorising the administration of the treatment or medication.
(h) the reason for administering the treatment or medication.

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