APPEAL – TRAINER MR P A PETER

The National Horseracing Authority confirms that an Appeal against the convictions and penalties imposed by an Inquiry Board upon Trainer P A Peter on 6 July 2016, into alleged contraventions of the Rules, was heard at the offices of The National Horseracing Authority.

BACKGROUND

1. Mr Peter had been charged with:-

1.1 two contraventions of Rule 74.1 in that specimens taken from the horse MOGOK MASTER and from the horse FORT EMBER, at his racing stables at Summerveld on 20 July 2015, were found, upon analysis, to contain testosterone propionate, a forbidden substance in terms of Rule 74.2;

1.2 two contraventions of Rule 10.5.16.5 in that certain used needles and syringes seized by officials of The National Horseracing Authority at Mr Peter’s racing stables at Summerveld and at Mr Peter’s racing stables at the Vaal Racecourse, on 7 August 2015, were found, upon analysis, to contain, inter alia, testosterone propionate, a forbidden substance in terms of Rule 74.2; and

1.3 a contravention of Rule 72.1.18 in that Mr Peter, on 7 August 2015, during the course of a visit to and inspection at his Vaal racing stables by a licensed official, Mr Janse van Rensburg, intimidated and/or threatened the licensed official.

2. Mr Peter pleaded not guilty to all the charges. The Inquiry Board however found him guilty as charged.

3. Although the contravention of Rule 74.1 related to two separate specimens, the Board treated both charges as one for the purpose of penalty and imposed a fine of R400 000.

4. Although the contravention of Rule 10.5.16.5 related to two incidents, the Board treated both charges as one for the purpose of penalty and imposed a fine of R200 000.

5. In respect of the contravention of Rule 72.1.18, the Board imposed a penalty of a fine of R50 000 of which R20 000 is to be suspended for a period of two years on condition that Mr Peter is not found guilty of a further contravention of Rule 72.1.18 over that period.

APPEAL AGAINST FINDING:

The Appeal Board after hearing the arguments of the legal representatives on behalf of Mr Peter and the NHA respectively, dismissed the appeal against the convictions on charges 1 – 5 and confirmed the Inquiry Board’s finding of guilty.

APPEAL AGAINST PENALTIES:

The Appeal Board under:

CHARGES 1 & 2

Dismissed the appeal against the penalty and confirmed the fine of four hundred thousand rand (R400 000).

CHARGES 3 & 4

Dismissed the appeal against the penalty and confirmed the fine of two hundred thousand rand (R200 000).

CHARGE 5

The appeal against the penalty imposed on conviction of charge 5 is dismissed in part and upheld in part. The appellant is fined fifty thousand rand (R50 000), the full amount of which is suspended for two years on the condition that he is not found guilty of a contravention of Rule 72.1.18 during this period.

The appellant’s deposit was forfeited.