The National Horseracing Authority of Southern Africa confirms that the investigation carried out by O’Sullivan Brosnan & Associates, surrounding the events that transpired at the stables of Trainer Mr Anthony Peter on Saturday, 25 November 2023, has been completed.
Messrs A P Peter (Trainer), P A Peter (Assistant Trainer) and M D Peter (Stable Employee) will be required to answer to the following charges at an Inquiry which has been set down for Wednesday, 24 January 2024, commencing at 11h00.
The charge sheet reads as follows:-
- The subject matter of the Inquiry took place at and/or near the C block Stables, Turffontein Racecourse on 2023-11-25 at about or between 10h00 and 11h00. This will lead to charges being preferred, including but not limited to, contraventions of Rule 72.1.16 Rule 72.1.18 and Rule 72.1.23. For ease of reference, I set out relevant Rules below for your information.
4.2 GENERAL POWERS
In addition to any other powers and duties delegated or granted to them or provided in terms of the CONSTITUTION or the RULES, the SB and the STIPENDIARY STEWARDS shall have the power to do all things necessary to enable them to fulfil their functions and duties. Without derogating from the generality of this provision, the SB and the STIPENDIARY STEWARDS shall have the following powers, functions and duties:
4.2.10 to order an examination and, if they deem necessary, the detention for observation and further examination of any HORSE which has run in a RACE or which is on a RACE COURSE for the purpose of running in a RACE, and to take any action they consider necessary as a result of such examination, provided that the period of detention shall not exceed 48 hours and that the OWNER of the HORSE, or his representative, shall have the right to be present during the whole or any part of such period of detention;
- SPECIFIC OFFENCES (PROHIBITED PRACTICES)
Without in any way derogating from the provisions of the RULES, no PERSON shall:-
72.1.16 interfere with, tamper with or intimidate anybody (including any witness) or anything (where applicable) involved in or concerned with any INQUIRY, investigation, OBJECTION, appeal or review, held or to be held in terms of the CONSTITUTION or the RULES.
72.1.18 abuse, swear at, mislead, intimidate, threaten or interfere with any PERSON including any LICENSED OFFICIAL involved with the administration or the control of racing;
72.1.19 commit, or incite or conspire with anybody to commit any corrupt, fraudulent, dishonest or prohibited practice in relation to racing or breeding or the buying and/or selling of HORSES in any country;
72.1.23 administer any substance topically, orally, by injection, by inhalation, by drenching, by infusion or any other method other than normal feed and water by mouth, to a HORSE at any time prior to the RACE on the day of the RACE MEETING at which the HORSE is due to run except where such substances have been authorised by the CHIEF EXECUTIVE in the RACING CALENDAR as published from time to time;
72.1.40 fail or refuse to comply with any reasonable order, direction or requirement of any LICENSED OFFICIAL.
1.1 ALLEGATIONS AGAINST THE ABOVEMENTIONED PARTIES
It is alleged that you all, together, acting with a common purpose and in concert with each other, at Turffontein Racecourse, on 2023-11-25, did unlawfully and intentionally: –
1.1.1 Administer a substance, by way of a nasogastric tube, to a horse known as Flying Bull, at Block C, Stable block, Turffontein Racecourse, in contravention of Rule 72.1.23.
1.1.2 Interfere with an investigation by the NHA Special Investigator, in contravention of Rule 72.1.16, by handing possible evidence (of the unlawful administration of a substance to a horse under your control – namely Flying Bull) to Mrs Marcel Peter, which evidence was contained within TWO Checkers carrier bags.
1.1.3 Interfere with an investigation by the NHA Special Investigator, by forcibly preventing him from seizing evidence of the unlawful substance administration, from Mrs Marcel Peter and forcibly holding him back, whilst Mrs Marcel Peter escaped from the racecourse, in a vehicle driven by Mr Marc Dominic Peter, having first run out of the Block B stables with the evidence concealed in two Checkers carrier bags, which was then shoved down the inside of her tracksuit trousers.
1.1.4 Interfere with an investigation by the NHA Special Investigator, in contravention of Rule 72.1.16, by reaching for and grabbing and concealing on your person, a clear plastic Ziplock bag, which had previously contained the substance that was administered to Flying Bull, in contravention of Rule 72.1.23. ALTERNATIVELY, that you
1.1.5 Misled the Special Investigator of the NHA, in contravention of Rule 72.1.18 by attempting to avoid being searched at Block C stables, by dishonestly declaring that you were not a ‘registered person’, whereas at all material times you knew that you were registered as an Assistant Trainer and were therefore subject to regulation in terms of the rules.
1.1.6 Interfere with an investigation by the NHA Special Investigator, in contravention of Rule 72.1.16, by refusing to hand over a plastic Ziplock bag, when instructed to do so, and instead proceeded to empty the Ziplock bag of all the white powder therein, so as to hinder the Special Investigator from seizing it as evidence, fully knowing that by repeatedly emptying the bag, there would be no evidence left to analyse, to be able to confirm the contents.
1.1.7 Failed or refused to comply with the reasonable order of the NHA’s Special Investigator to hand over the clear plastic Ziplock bag, and instead committed the crime of Defeating the Ends of Justice by emptying the bag of incriminating evidence, leaving insufficient trace evidence to enable a probative analysis thereof, with the intention to avoid being charged with a criminal offence. (Alternative to 1.1.6)
1.1.8 Interfered with an investigation by the NHA, in contravention of Rule 72.1.16, read together with rule 4.2.10, by refusing and or failing to present the horse FLYING BULL for examination as part of the investigation into the unlawful administration of a substance, in breach of Rule 72.1.23.
1.1.9 Failed or refused to comply with the reasonable order of the NHA’s Special Investigator NOT to drive away in the vehicle, a white double cab bakkie, with registration number HP33GT-GP, before such vehicle could be subjected to a search.
1.1.10 Failed or refused to comply with the reasonable order of the NHA’s Special Investigator to allow two Checker’s carry bags to be searched and, instead, drove off with Mrs Marcel Peter in possession of such bags which were reasonably suspected of containing evidence of the commission of an offence.
1.1.11 commit, or incite or conspire with anybody to commit any corrupt, fraudulent, dishonest or prohibited practice in relation to racing in contravention of Rule 72.1.19 in that your joint and several and aggregate conduct as set out above, amounts to such conduct, as well as the criminal offence of Racketeering, as defined in Section 2 (1) (e), read together with Section 2 (1) (f) of the Prevention of Organised Crime Act, Act 121 of 1998.
- Media release by NHA on Saturday 23 December 2023.