On 25 June 2015, Harness Racing New South Wales (HRNSW) concluded an inquiry that commenced on 11 February 2015 in relation to licensed trainer, Mr Michael Day (Snr) fraudulently obtaining payments from an owner for the training of a standardbred horse that never existed.
Mr Day (Snr) was interviewed by HRNSW Stewards on 5 May 2015 and provided false information during that phase of the investigation. On 15 May 2015, Mr Day (Snr) was again interviewed and made admissions in relation to his fraudulent conduct.
Mr Day (Snr) was issued with three (3) charges pursuant to Australian Harness Racing Rules (AHRR) as follows:
CHARGE 1- Pursuant to AHRR 241:
241. A person shall not in connection with any part of the harness racing industry do anything which is fraudulent or corrupt.
The particulars of this charge were that Mr Day (Snr) between 2009 and 5 May 2015, by way of dishonesty and deception, received money for training fees and other expenses from an owner for a horse referred to as ‘MIRIYAN’, a horse that did not and does not exist.
CHARGE 2- Pursuant to AHRR 243:
243. 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.
The particulars of this charge were that Mr Day (Snr) between 2009 and 5 May 2015, by way of dishonesty and deception, received money for training fees and other expenses for a horse referred to as ‘MIRIYAN’, a horse that did not and does not exist. These actions, involving dishonesty and deceit are detrimental to the Harness Racing industry.
CHARGE 3- Pursuant to AHRR 187(2) & (7) as follows:
187. (2) 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.
(7) A person who fails to comply with any provision of this rule is guilty of an offence.
The particulars of this charge were that Mr Day (Snr), in an interview with HRNSW Stewards on Tuesday 5 May 2015, gave false and/or misleading information in relation to an investigation being conducted by HRNSW Stewards into this matter.
Mr. Day (Snr) pleaded guilty to all charges by way of written submissions.
In respect of the charge proven pursuant to AHRR 241, Mr Day (Snr) was disqualified for a period of 10 years.
In respect of the charge proven pursuant to AHRR 243, Mr Day (Snr) was disqualified for a period of 5 years.
In respect of the charge proven pursuant to AHRR 187 (2) & (7), Mr Day (Snr) was disqualified for a period of 2 years.
All disqualification periods were ordered to be served concurrently. Effectively, Mr Day (Snr) is disqualified for a period of 10 years to expire at midnight on 24 June 2025.
In determining penalty, Stewards considered the conduct of Mr Day (Snr) to be dishonest, deceitful and calculated at the highest level due to the length of time over which the offence took place, the measures undertaken by Mr Day (Snr) and the continuation of the conduct.
In addition, Stewards were mindful of Mr Day’s (Snr) guilty plea, his conduct in recanting the initial false and misleading evidence and the effect such conduct had on the investigation. Stewards were also mindful of the effects of his conduct on the image, reputation and integrity of the harness racing industry.
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 31 racing clubs across the State. HRNSW is headed by an industry-appointed Board of Directors and is independent of Government.
To arrange an interview or for further information please contact:
Name: Reid Sanders
Position: Chief Operations Officer
Phone: (02) 9722 6600
Email: rsanders@hrnsw.com.au
