HARNESS Racing New South Wales (HRNSW) Stewards concluded a number of inquiries into various matters on September 13, 2017, resulting from the presentation of the registered standardbreds horses GUTS and DEN HELDER at Cowra on May 14, 2017, including Mr N Carroll’s conduct in the investigation of these matters.
On the evidence before them, Stewards had notified Mr N Carroll on September 6, 2017, of a number of charges laid against him.
These matters were addressed by phone, at the request of Mr N Carroll, on May 13, 2017.
The Stewards decisions on penalty in these matters, other than Charge 2, were provided to Mr N Carroll on that day.
The decision in regards to Charge 2 was provided in writing on September 27, 2017.
Charge 1 was issued pursuant to HRR 187(2) and (7):
HRR 187.(2) states; “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 or investigation.”
HRR 187 (7) states; “A person who fails to comply with any provision of this rule is guilty of an offence.”
Mr N Carroll pleaded guilty to a charge that he had “given evidence to the Stewards which was false and misleading in nature”. Mr N Carroll had admitted his conduct in an earlier hearing on July 7, 2017.
Mr N Carroll was disqualified for a period of nine (9) months. Stewards ordered that the penalty be served cumulatively with the penalty currently being served.
Charge 2 was issued pursuant to HRR 190 (3):
HRR 190 (3) states; “If a person is left in charge of a horse and the horse is presented for a race otherwise than in accordance with sub rule (1), the trainer of the horse and the person left in charge is each guilty of an offence.
Mr N Carroll pleaded guilty to a charge that he had been in charge of the registered horse DEN HELDER NZ in the previous 24 hours (approximate) prior to the horse being presented to race at Cowra on May 14, 2017, from which a prohibited substance Clenbuterol was detected in samples taken from that horse.
The horse DEN HELDER NZ was trained by Mr M Carroll.
The prohibited substance was also detected in samples taken from the horse GUTS trained by Mr N Carroll on that day.
Mr N Carroll was disqualified for a period of nine (9) months. Stewards ordered this penalty to be served concurrently with a penalty being served which took effect from June 22, 2017.
Charge 3 was issued pursuant to HRR 187 (3) and (7):
HRR 187 (3) states; “A person shall comply with an order or direction given by the Stewards.”
HRR 187 (7) states; “A person who fails to comply with any provision of this rule is guilty of an offence.”
Mr N Carroll pleaded not guilty to the charge that he had “knowingly failed to comply with orders properly provided to you at Bathurst on May 17, 2017, to immediately produce a mobile phone as specified, or within any reasonable time frame.”
Mr N Carroll was found guilty of the charge and was disqualified for a period of twelve (12) months. Stewards ordered that the penalty be served cumulatively with the penalty currently being served.
Charge 4 was issued pursuant to HRR 187 (6) and (7):
HRR 187 (6) states; “A person shall not frustrate or endeavour to frustrate an inquiry or investigation.”
HRR 187 (7) states; “A person who fails to comply with any provision of this rule is guilty of an offence.”
Mr N Carroll pleaded not guilty to the charge that he had “knowingly frustrated HRNSW Stewards investigations into issues arising from the Cowra race meeting on May 14, 2017, and in particular their attempts to forensically examine mobile phones that were used and in your possession when it was open to comply with the Stewards orders.”
The Trainer had previously admitted deleting content from a phone which was not provided in accord with a direction.
Mr N Carroll was found guilty of the charge and was disqualified for a period of twelve (12) months. Stewards ordered that the penalty be served cumulatively with the penalty currently being served.
Charge 5 was issued pursuant to HRR 173 (1) and (6):
HRR 173(1) states; “A driver shall not bet in a race in which the driver participates.”
HRR 173(6) states; “Any person who fails to comply with any provision of this rule is guilty of an offence.”
Mr N Carroll pleaded guilty to a charge that as a trainer/driver on or about June 15, 2015, and September 19, 2015, he had made two bets on horses which he had driven in the respective races at Newcastle.
The trainer/driver pleaded guilty and was fined $500.
The total effect of the penalties announced in these matters is that Mr N Carroll is disqualified for a period of three years six months, taking effect from June 22, 2017.
In determining the above penalties Stewards acknowledged the following;
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The serious nature of all the offences;
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Mr N Carroll’s Guilty pleas in regards to charges 1, 2 and 5;
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Mr N Carroll’s previous disciplinary record (no previous prohibited substance offences); and
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Mr N Carroll’s licence history and other personal subjective facts.
Mr N Carroll was advised of his right to appeal these decisions.
Harness Racing NSW (HRNSW) is the controlling body for harness racing in New South Wales with responsibility for commercial and regulatory management of the industry including 33 racing clubs across the State. HRNSW is headed by a Board of Directors and is independent of Government.
To arrange an interview or for further information please contact:
MICHAEL PRENTICE | INTEGRITY MANAGER
(02) 9722 6600 • mprentice@hrnsw.com.au
GRAHAM LOCH | CHAIRMAN OF STEWARDS
(02) 9722 6600 • gloch@hrnsw.com.au
