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Racing NSW Stewards today conducted an inquiry into the bona-fides of the training of racehorses located at 15 Stroud Avenue Warwick Farm following an investigation being conducted by the Stewards at Warwick Farm racecourse on 17 July 2018. Evidence today was taken from licensed trainer Mr J Austin, licensed stablehand Mr N Auld and Owner Mr S Farah. The Stewards found through an arrangement made between Mr Austin and Lionheart Thoroughbreds, the directors being Mr Auld and Mr Farah, Mr Austin agreed to train a number of racehorses being prepared for the Inglis Ready 2 Race sales to be conducted in October 2018. Due to Mr Austin not having sufficient stables, Mr Austin arranged for the lease of stables located at 15 Stroud Avenue Warwick Farm, where the colts in training for the sale were stabled.

Trainer Mr Jarrod Austin

Mr Austin pleaded guilty to a charge under AR175 (k). The particulars of the charge being that his failure to exercise the necessary control, supervision and oversight in the training of horses trained by him that were stabled at 15 Stroud Avenue Warwick Farm during the period on or around 27 February 2018 to 17 July 2018 led to breaches of the following Rules of Racing:

1. AR178F – Failing to keep proper treatment records as required by AR178F, during the said period; 2. AR80E – Having the substance phenylbutazone in his possession at 15 Stroud Avenue Warwick Farm in breach of the relevant State and Commonwealth legislation in that it was not properly labelled and dispensed; 3. AR80F – Stabling horses trained by him at 15 Stroud Avenue Warwick Farm when such location was not his registered stable address; 4. AR54(1) – Failing to lodge stable returns for horses under his care located at 15 Stroud Ave Warwick Farm during the relevant period; 5. LR82(3) – Failing to register Mr Paul Auld as a licensed stablehand.

Having considered all the relevant factors in respect to penalty the Stewards determined the appropriate penalty be a fine of $6000. Having considered his guilty plea Mr Austin was provided with a 25% reduction of the penalty and therefore was fined a total of $4500.

Mr Neville Auld

Mr Auld pleaded guilty to being a party to licensed trainer Mr Jarrod Austin committing breaches of AR80E and LR82(3). The particulars of the charge being that when employed as a licensed stablehand by trainer Mr Jarrod Austin he was a party to Mr Austin breaching AR80E and LR82(3) during the period on or around 27 February 2018 to 17 July 2018.

1. AR80E – Mr Austin having the substance phenylbutazone in his possession at 15 Stroud Avenue Warwick Farm in breach of the relevant State and Commonwealth legislation in that it was not properly labelled and dispensed. 2. LR82(3) – Mr Austin failing to register Mr Paul Auld as a licensed stablehand.

Having considered all the relevant factors in respect to penalty the Stewards determined the appropriate penalty be a fine of $1000. Having considered his guilty plea Mr Auld was provided with a 25% reduction of the penalty and therefore was fined a total of $750.

Relevant Rules

AR 54. (1) The trainer of a horse must within 48 hours of its entering or leaving his stable lodge a stable return containing such information as is required by the Principal Racing Authority; provided that if such horse has been or is to be nominated for a race or official trial such stable return must be lodged immediately. AR 80E. (1) Any person commits an offence if he has in his possession or on his premises any substance or preparation that has not been registered or labelled, or prescribed, dispensed or obtained, in compliance with the relevant State and Commonwealth legislation.

AR 80F. (1) A trainer shall not, without having made written application and obtained the consent of the Stewards, stable any horse trained by him in any location other than his registered stable address as notified on his current licence renewal or application form. AR 175. The Principal Racing Authority (or the Stewards exercising powers delegated to them) may penalise;

(k) Any person who has committed any breach of the Rules, or whose conduct or negligence has led or could have led to a breach of the Rules.

(l) Any person who attempts to commit, or conspires with any other person to commit, or any person who connives at or is a party to another committing any breach of the Rules.

AR 178F. (1) A trainer must record treatment and medication administered to each horse in his or her care by midnight on the day on which the administration was given, and each record 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 a treatment (if applicable); (g) the name and signature of person or persons administering and/or authorizing the administration of the treatment or medication. (2) For the purposes of this rule: (a) “treatment” includes: (i) shock wave therapy;
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(ii) acupuncture (including laser treatment); (iii) chiropractic treatment; (iv) the use of any electrical stimulation device (including transcutaneous electrical nerve stimulation (TENS)); (v) magnetic field therapy; (vi) ultrasound; (vii) any form of oxygen therapy, including hyperbaric oxygen therapy; (viii) the taking of a blood sample; and (b) “medication” includes: (i) all Controlled Drugs (Schedule 8) administered by a veterinarian; (ii) all Prescription Animal Remedies (Schedule 4), including those listed in AR.178C(2); (iii) all Prescription Only Medicines (Schedule 4), prescribed and/or dispensed by a veterinarian for off-label use; (iv) all injectable veterinary medicines (intravenous, intramuscular, subcutaneous, intra-articular) not already included above; (v) all Pharmacist Only (Schedule 3) and Pharmacy Only (Schedule 2) medicines; (vi) all veterinary and other medicines containing other scheduled and unscheduled prohibited substances; (vii) all alkalinising agents; (ix) all herbal preparations. (3) All records required to be kept in accordance with this AR.178F must be retained by the trainer for not less than two years. (4) When requested, a trainer must make available to the Stewards the record of any administration of a treatment and/or medication required by sub-rule (1).

(5) A trainer who fails to comply with any provision of AR.178F commits a breach of this Rule and may be penalised.

LR 82. (3) No employee unless duly registered may be employed by a trainer. This requirement also applies to stablehands transferring from another trainer.