Former Sunraysia licensed trainer-driver Brett Cox has been disqualified for three years and fined at a Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board hearing chaired by Alanna Duffy.
Cox was issued with two charges the first one being that a person shall not in connection with any part of the harness racing industry do anything which is fraudulent or corrupt and secondly that a person employed, engaged or participating in the harness racing industry shall not behave in a way which is prejudicial or detrimental to the industry..
Stewards told the hearing that Mr Cox had acted fraudulently in relation to receiving payment for the training of the standardbred horses ‘Lis Mara Shadow’ and ‘Life Sign Shadow’ between February and April 2017, when these horses were spelling and not being prepared for racing at the relevant time.
Mr Cox also acted fraudulently in advising the owners in August 2017 that these horses were present at his registered training establishment when they had been removed.
Stewards also said that Mr Cox provided false information to his then partner and licensed trainer-driver Kate Attard which lead to ‘Lis Mara Shadow’ and ‘Life Sign Shadow’ being given away in July 2017 without the consent of the owners and the horses ultimately being destroyed.
Mr Cox was also issued with two other charges in that a person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence or information at an inquiry of investigation in November 22, 2017.
Mr Cox was also issued two charges under rule 96 which relates to where a registered horse has been retired from racing or a decision has been made to not race the horse, the owner or trainer of the horse at the time of its retirement must, within one month of the horse’s retirement, notify the Registrar by lodging the relevant form prescribed by the Registrar.
Mr Cox pleaded guilty to all charges and was disqualified for a period of three years effective immediately.
In respect of the other charges Mr Cox was issued a fine of $750 for each breach, resulting in a penalty of $3000 in total.
In determining penalty, the HRV RAD Board considered the serious consequences which resulted from the conduct of Mr Cox, the importance of animal welfare and the need for specific and general deterrence to protect the harness racing industry.
The Board also heard charges issued by HRV stewards against licensed trainer-driver Kate Attard under rule 243 which says a person employed, engaged or participating in the harness racing industry shall not behave in a way which is prejudicial or detrimental to the industry.
Stewards said Ms Attard had permitted the standardbred horses ‘Lis Mara Shadow’ and ‘Life Sign Shadow’ to be given away for rehoming in July 2017, without notifying the owners and without their consent, which led to the horses ultimately being destroyed.
Ms Attard pleaded guilty to the charge and was subsequently fined $5000, of which $2500 was suspended for a period of two years
In determining penalty, the HRV RAD Board considered the serious consequences which resulted from the conduct of Ms Attard, the importance of animal welfare and the need for specific and general deterrence to protect the harness racing industry.
In addition, the Board took into account Ms Attard’s guilty plea and the mitigating circumstances in relation to her involvement in the matter.
The Board said it was also mindful of Ms Attard’s cooperation throughout the investigation, her good record and her positive standing in the harness racing industry.