The National Horseracing Authority confirms that an Appeal against the convictions and penalties imposed by an Inquiry Board upon Trainer L W Goosen on 5 February 2016, into alleged vaccination discrepancies of the horses WINE COUNTRY, KEEP IT SIMPLE and TRICIA DUPONT, was heard in Johannesburg on 6 July 2016.
Background
The Inquiry Board charged Trainer Goosen with a contravention of:
Rule 39.7.5, in that, he failed to vaccinate the horses WINE COUNTRY, KEEP IT SIMPLE and TRICIA DUPONT against Equine Influenza in accordance with the schedule of vaccinations as published from time to time in the Racing Calendar;
AND
Rule 72.1.17, in that, as the person ultimately responsible for the horses in his care, presented the horses KEEP IT SIMPLE and TRICIA DUPONT, to race, with passports which contained altered information pertaining to Equine Influenza Vaccinations, in order to mislead the Stipendiary Board and create the impression that these horses had been vaccinated in accordance with the prescribed rules of the National Horseracing Authority, with particular reference to Rule 39.
Trainer Goosen pleaded not guilty to the charges in terms of Rules 39.7.5 and 72.1.17, but was found guilty of both the charges.
The Board, after hearing all the evidence presented by all the parties concerned, ruled that in terms of the contravention of Rule 39.7.5, Trainer Goosen be fined the sum of two thousand rand (R2000.00), and in terms of the contravention of Rule 72.1.17, Trainer Goosen be fined the sum of twenty-five thousand rand (R25 000.00).
Mr Goosen had the right of appeal against both the findings and the penalties imposed.
Appeal
Mr Goosen appealed against the convictions and the penalties imposed pursuant thereto.
Mr Goosen abandoned his appeal against the conviction in relation to the charge levelled against him in terms of Rule 39.7.5.
The Appeal Board confirmed the Inquiry Board’s finding of guilty in terms of Rule 72.1.17.
After having regard to the submissions by both parties, the Appeal Board confirmed the penalties imposed i.e. in terms of Rule 39.7.5, the sum of two thousand rand (R2000.00), and in terms of the contravention of Rule 72.1.17, the sum of twenty-five thousand rand (R25 000.00), and dismissed the appeal.
Trainer Goosen’s appeal deposit fee was declared forfeit.