The Racing NSW Appeals Panel has dismissed an appeal by Gai Waterhouse and Adrian Bott, against a $5,000 fine incurred for substituting horses at Breakfast With The Stars, at Randwick on April 4.
Waterhouse and Bott were, on April 27, found guilty by RNSW stewards of conduct prejudicial to the image of racing (rule AR 175A), after substituting advertised trackwork gallopers English, Serena Bay and Debonairly, with other horses wearing the same silks.
English and Serena Bay were in fact stablemates Sort After and Stampede, while Debonairly was substituted with Fabrizio.
The appeals panel accepted that Waterhouse and Bott did not intend to mislead anyone, but that ‘it is important that such promotion, which is aimed at the media and the public, be an accurate promotion.’
The appeals panel also stated that ‘such conduct, in our view, no matter what the intent, clearly is prejudicial to the interests of racing.’
Waterhouse took exception - in the initial inquiry in April - to a comparison between the stable’s actions, and that of media personality Brent Zerafa, who was found guilty of rule AR 175A in November 2015.