Tarry Fine Reduced

Tarry appeal succeeds and results in reduction of fine

Sean Tarry

Sean Tarry

The National Horseracing Authority confirms that an appeal lodged by Trainer S G Tarry was concluded in Johannesburg on Wednesday, 17 April 2013.

 The Background :

 At an Inquiry held at the Head Office of The National Horseracing Authority concluded on 26 September 2012, Mr Sean Tarry was charged with a contravention of Rule 73.2.4 in that he was the person responsible for the horse EUTERPE, which ran in the 5th race run at the Vaal Racecourse on 29 January 2012, after which a urine specimen, number A45808, taken from that horse disclosed upon analysis the presence of Flumethasone, which is a prohibited substance in terms of the Rules of The National Horseracing Authority.

 Mr Tarry pleaded guilty to the contravention and was found guilty by the Inquiry Board.

 The Inquiry Board imposed a fine of R80 000,00.

 Further, in terms of Rule 72.3.2 EUTERPE was disqualified from the 5th Race run at the Vaal Racecourse on 29 January 2012, and the provisions of Rule 67.7.8 were applied.

Mr Tarry appealed against the severity of the penalty.

The Finding:

After consideration of the proceedings before the Board, as well as the written and oral representations presented by Mr Tarry, the Appeal Board found that the Inquiry Board had correctly treated Mr Tarry as a second offender. As against this the Appeal Board concluded that the Inquiry Board should have taken into account the fact that the present contravention occurred approximately five weeks short of five years after the previous contravention and this should have been taken into account in mitigation of the penalty to a greater extent than it was.

In view of the above the Appeal Board reduced the fine from R80 000,00 to R60 000,00.  In addition, it ordered that Mr Tarry’s appeal deposit fee should be refunded.

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