The National Horseracing Authority confirms that an Appeal lodged by Trainer J W McDonald was heard in Johannesburg on 10 June 2013, by an Appeal Board consisting of Adv J Myburgh SC (Chairman) and Messrs A Costa and A O’Connor.
Background
At an Inquiry held in Cape Town on 28 March 2013, adjourned and resumed on 4 April 2013, Trainer John W McDonald was charged with a contravention of Rule 10.5.1, in that as a Licensed Trainer subject to the Rules of The NHA and responsible for the care, treatment, and training, of horses under his control, failed to provide a reasonable level of care and treatment to a number of horses under his control. This resulted in horses under his control on and before 17 March 2013, showing, on examination, poor condition, and varying degrees of neglect. Mr McDonald was also charged with a contravention of Rule 72.1.17, in that he misled the Stewards by intentionally concealing the presence and therefore failing to provide access to a horse called FORTIS, which was under his control at the time of an Official Stable Investigation on 17 March 2013. This resulted in the Veterinary Surgeon who was performing the examinations being unable to examine and assess the condition of this particular horse on the day. Subsequent evidence which has been obtained and presented during the Inquiry has shown this horse FORTIS to be in a very poor condition, and it was concluded that the intention to mislead was as a result of this condition of the horse.
Mr McDonald pleaded guilty to both the charges.
The Inquiry Board found him guilty of both the charges. After considering all the evidence, and all the mitigating factors the Inquiry Board imposed the following two penalties. The penalty imposed with regard to Rule 10.5.1, is that Mr McDonald’s Trainer’s Licensed be cancelled, which is wholly suspended for a period of five years, provided that Mr McDonald is not found guilty of a contravention of the Rules relating to the welfare of horses under his control during the period of suspension. The penalty imposed with regard to Rule 72.1.17, is that Mr McDonald’s Trainer’s License be cancelled.
The Appeal Board having considered the matter, unanimously agreed that the Appeal be dismissed and the sentence of cancellation of the Trainers licence be upheld.
