NSW trainer’s three-year disqualification over horse deaths stood aside
Leading Southern NSW trainer Trevor Sutherland has had a three-year disqualification thrown out by the Racing NSW Appeal Panel relating to the euthanasia of two retired racehorses he had re-homed to a third party prior to their death.
Wagga-based Sutherland was yesterday in the process of re-applying for his trainer’s licence after the appeal victory following six months on the sidelines.
The panel’s judgment found that Sutherland was aware that the two horses, Rozzi (Shrapnel) and Redfu (Strada), could have been euthanised by Donnchadh Brown but ruled that the Wagga-based trainer’s primary intent was for them to be used for “jumping and hunting” purposes.
“Certainly, the panel .., (thinks that the) appellant was aware that there was a prospect that these two horses could be killed by Mr Brown and used as dog food if they did not work out as jumpers and hunters. We do not consider, however, that this was the appellant’s main intent,” the panel wrote.
“We think his intent was for the horses to be taken by Mr Brown for the purpose of them being trialled, hopefully successfully, as hunters and jumpers. This carried with it the risk however, known to the appellant, that they might prove unsuitable horses for this, and could ultimately suffer the fate they did.”
During the investigation, Sutherland told Racing NSW chief steward Marc Van Gestel: “I give these horses a home, a chance to be rehomed at Don Brown’s. He is a world class rider, who assured me if I can ride them, he would ride them.
“So, I felt safe in letting Mr Brown have these horses because never – I never once ever had a conversation about slaughtering racehorses, never ever with Don Brown.”
The two horses were picked up by Brown from Sutherland’s stable on or about April 8 last year. The appeal heard Sutherland had trimmed the pair’s feet and groomed them the morning of their departure.
In interview transcripts provided to the appeal panel, when questioned by Racing NSW Southern District steward Jason Shultz, who recalled that Redfu was a horse “that could hang” during his races, Sutherland replied: “Yeah, and he could just do things wrong, so I certainly wouldn’t give him to a kid or anyone to get hurt, you know, and that’s where we’re going to end up, sir, you know, so many are out there that are just dangerous, sir, so it’s going to get people hurt, and I’m not a person that will, you know – we rehome them, we do a lot of work, a lot of work in rehoming, and if they’re not suitable – as I said, Donny is a very capable rider, you know, you see pictures of him on Facebook jumping six-foot fences and that, so he can ride, and as I said both of them jump,
“I had no troubles riding them and I thought they’d both take to that pretty good.”
Brown, a licensed owner, was disqualified for four years at a Racing NSW hearing on September 8 last year for “having disposed of the racehorses Rozzi and Redfu on or around April 2020” and another two horses “on or around July 2020”.
Sutherland was initially found guilty by Racing NSW stewards of a breach of the equine welfare rule, specifically relating to a “horse is not to be, directly or indirectly, sent to an abattoir, knackery or similarly disposed of”.
“Turning back to the words used in LR114(5)(e), the facts as found by us mean that what has occurred here is not caught by the rule. For the appellant to be in breach of the rule, we consider that his intent must have been, in giving the horses to Mr Brown, that they would then be killed, and their meat used as food,” they wrote.
“That was not the appellant’s intention. While knowing there was a risk that the horses could be destroyed for food, his intent was that they be used by Mr Brown for jumping and hunting.”
In closing, the panel said: “Based on our factual findings as to the appellant’s intent when sending the horses to Mr Brown, he has not breached the (equine welfare rule). The appeal in relation to that finding of breach must be allowed, and the penalty imposed set aside.”
The panel also granted Sutherland the right to appeal the severity of a six-month disqualification imposed last September by stewards relating to failing to lodge a relevant death notification form for Bless You Toby (Shamus Award) who had been found deceased at his Wagga stables on July 7 last year. Sutherland had pleaded guilty to the charge and the six-month ban expired last Monday.
ANZ Bloodstock News spoke to Racing NSW chief steward Marc Van Gestel yesterday, but he could not comment on the matter as, at the time, the judgment had not been made public.
The enforced closure of Sutherland’s business last August led to the redundancy of nine staff and it also cost local racing clubs hundreds of thousands of dollars in lost revenue generated through runners in the region’s races and track fees.
He trained 47 winners last season, to be the fifth leading country trainer in NSW, with prize-money earnings of more than $950,000.
Sutherland’s solicitor Paul O’Sullivan told ANZ Bloodstock News yesterday: “In 35 years of doing this, I have never met a more genuine or better bloke than Trevor Sutherland.”
DISCLOSURE: Tim Rowe has in the past part-owned racehorses trained by Trevor Sutherland.