The Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board today heard a matter in regards to a charge issued by HRV Stewards under Australian Rule of Harness Racing (ARHR) 193(3) against licensed trainers Mr Brian Kiesey and Mr Des Richards.
The charges arose from HRV Stewards conducting surveillance on the stables of licensed trainer Mr Brian Kiesey prior to the Maryborough race meeting conducted on 16 April 2015 where he had ‘Nicmac Bromac’ engaged in Race 8, the ‘McPherson Printing Group Pace (2nd Heat).
‘Nicmac Bromac’ was subsequently a late scratching by order of Stewards from its engagement.
ARHR 193(3) reads as follows:
A person shall not administer or allow or cause to be administered any medication to a horse on race day prior to such horse running in a race.
The charge under ARHR 193(3) issued by HRV Stewards against Mr Richards ‘Nicmac Bromac’ prior to its engagement in Race 8, the ‘McPherson Printing Group Pace (2nd Heat)’, at Maryborough on that day.
The charge under ARHR 193(3) issued by HRV Stewards against Mr Kiesey related to him as the trainer
of Nicmac Bromac and instructing this administration of ‘Stamazene’ to occur.
Mr Kiesey and Mr Richards both pleaded guilty to the charges and submissions on penalty were heard from the HRV Stewards, Mr Kiesey and Mr Richards.
In deciding an appropriate penalty, the HRV RAD Board considered that the samples obtained from ‘Nicmac Bromac’ had not revealed the presence of any prohibited substances, previous cases involving race day treatment in Victoria and Mr Kiesey’s and Mr Richard’s early guilty pleas and their full co-operation throughout the investigation.
The HRV RAD Board imposed a fine of $5,000 upon Mr Kiesey. In arriving at this penalty the HRV RAD Board were further mindful of Mr Kiesey’s previous drug related offences and the administration of
‘Stamazene’ occurred under his instruction.
The HRV RAD Board imposed a fine of $2,000 upon Mr Richards with $1,000 of that penalty suspended for a period of 12 months under the provision Mr Richards does not breach any relevant rule during that time.
In imposing this penalty the HRV RAD Board placed considerable weight on Mr Richards having an exceptionally good long standing offence record.
HRV RAD Board Panel – Brian Collis QC, Paul Connolly