O’Shea fined for false and misleading evidence to stewards

Clinton Payne - Wednesday August 30

Randwick trainer John O'Shea is free to continue training after stewards slapped him with a $30,000 penalty for his involvement in the Godolphin strangles affair.

Advertisement
Henry Plumptre and John O'Shea in happier times. Photo: Darryl Sherer

O'Shea was found guilty by stewards of having knowledge Polemic was infected with the highly contagious upper respiratory tract infection and providing false and/or misleading evidence to stewards.

At a sentencing hearing on Tuesday, O'Shea's legal counsel produced "a number of notable references provided from Mr John Messara AM, Mr Ron Finemore AO and Mr Richard Pegum, attesting to Mr O'Shea's good character".

When considering penalty stewards also took into account "a statement provided by Mr O'Shea detailing his personal and professional circumstances and a recognition that the matter 'could have been handled better'".

O'Shea was fined $10,000 for the charge under Australian rule of racing AR 175(I) - of being a party to (former Godolphin Australia managing director) Mr (Henry) Plumptre committing a breach of AR64K(2) for not reporting as soon as possible by the quickest means of communication available to Racing NSW, the Principal Racing Authority in NSW, that the racehorse Polemic was confirmed as being infected with the notifiable disease or condition strangles as required by AR64K(2) when he became aware that the racehorse Polemic was so infected, on 4 August 2016.

"The Stewards agree with the submissions of Mr (Matthew) Stirling (O'Shea's legal counsel) relative to the approach to be taken when considering Mr O'Shea's offence under this rule, specifically that Mr Plumptre was charged as the principal offender and Mr O'Shea was party to that offence," the stewards report read.

"The Stewards found that Mr Plumptre should be fined $20,000, which was reduced to $15,000 having regard to the established principal of a 25% reduction for his guilty plea and co-operation with the Stewards. In Mr O'Shea's case the Stewards have a not guilty plea."

He was fined a further $20,000 for the charge under Australian rule of racing AR 175 (g) - of providing false and/or misleading evidence at a Stewards interview on 16 June 2017 and Stewards inquiry on 26 June 2017 relative to his knowledge that Polemic was confirmed as having tested positive to the notifiable disease or condition strangles.

"Disqualification or suspension of licence have been a well-established punishment for serious breaches of the AR175(g) that impact upon the integrity of racing," the stewards report read.

"Mr (Matthew) Stirling (O'Shea's legal counsel) submitted that a period of disqualification or suspension was not appropriate in this case, as Mr O'Shea's offending was of a "moderate kind" for the following reasons;

  1. The level of materiality of Mr O'Shea's evidence, given that he admitted that he suspected that Polemic had strangles (with that suspicion being enough for him to be caught by AR64K(2), which reads "A person who…suspects or should reasonably suspect [that a horse] is infected with a notifiable disease or condition";
  2. Mr O'Shea's false and/or misleading evidence had no real consequence for the investigation, either in relation to him, other licensed persons, or others subject of the inquiry;
  3. The offence that was being concealed was not of the more serious kind that impacts upon the integrity of racing having regard to precedent penalties.

"In addition to the above, Mr Stirling raised a number of other factors that he maintained should be taken into account in mitigation, including Mr O'Shea's longstanding good record of over 20 years in the racing industry and his personal and professional circumstances."

The stewards conclusion to the penalty was, "The Stewards determine that a fine is the appropriate penalty in respect to this charge, having regard to the mitigating factors. The Stewards are, however, of the opinion that such fine must still send an appropriate message as detailed in the reasons for decision of Smith above. Accordingly, Mr O'Shea is fined the sum of $20,000.

"In issuing a fine as opposed to a period of suspension or disqualification, the Stewards emphasise that they consider that starting point for a penalty for a breach of this rule, particularly where it impacts significantly upon the integrity of racing and the ability of the Stewards to investigate and prosecute breaches of the Rules of Racing, is a period of disqualification or suspension and this decision should not be considered as a precedent for matters of that kind."

O'Shea was advised of his rights of appeal.

Advertisment
More Reading...
Picture Perfect at Yulong Parade
In a comparatively short space of time Yulong have become a global powerhouse in the thoroughbred industry and nowhere more than in Australia, so when they open the gates to their headquarters in Victoria you can expect a big crowd.
A to Z Victorian Stud Tour – Breednet Goes on the Road
The Victorian breeding industry is on the cusp of something seriously good with arguably the best broodmare band in the country located at Yulong and an exciting new cohort of first season sires poised to ignite – is it any wonder I headed south for my annual stallion parade trip this year.
First Foal for Gold Trip
Fourth in the Arc de Triomphe and a brilliant winner of the Group I VRC Turnbull Stakes at 2000m, there have been few classier winners of the Melbourne Cup than Gold Trip (Fr) and his very first foal has been born this spring.
Sires With Winners - Tuesday August 19
Here is the full list of 32 stallions which had winners throughout Australasia today with winners and result details.
One to Watch – Ballarat
Ole Kirk and Farnan are two of the hottest young sires in the Hunter Valley and both had a new winner on Tuesday with one of those winners being our ‘One to Watch’.
Sires With Winners - Monday August 18
Here is the full list of 23 stallions which had winners throughout Australasia today with winners and result details.
€3million Blueblood Filly Tops Record Breaking Arqana
The Arqana Deauville August Yearling Sale concluded on Monday with the half-sister to last year’s sale-topper shattering all previous records when fetching €3million to the bid of Amo Racing.
Introducing ‘Mili the Filly’ – First for Militarize
The foaling season brings so many interesting stories and when an email lobbed today from Matt Stevens of Edgar Park in Victoria announcing the arrival of a rare filly by Militarize it was always going to warrant a story.
Rosemont Young Guns Attract a Crowd
It takes a bit of effort to get to Rosemont Stud near Geelong which is a solid hike from the main studs within easy reach of the Nagambie area in Victoria, but with superstar young guns Schwarz and Henry Longfellow (IRE) on the roster, Mitho and his team were always going to be a must visit!
Spring Trial Watch – Canterbury
With wet weather in Sydney playing havoc with the trial schedule last week there was a big turnout for Canterbury trials on Monday with a key Everest runner in cruise control and several under the radar 3YO’s showing spring potential.