The strict liability rule that holds a trainer responsible for almost anything that happens in their yard, or in some cases even out of it, is a major bone of contention worldwide.

Paul Gadsby

The rule most often applies to horses testing positive for prohibitive substances, and trainers presumed guilty no matter protestations of innocence.

Ashburton-based trainer Paul Gadsby fell foul of this draconian rule when he was found to be responsible and found guilty after his groom was caught kicking one of his horses in the belly in the wash bay at Greyville after a race.

According to the original charge sheet, the groom in his employ was caught kicking the horse Patroculus in the belly region, which horse was in his care and under his control as the trainer of that horse, thus mistreating the horse in question.

The Inquiry Board imposed a penalty of a fine of R40 000, of which R20 000 was suspended for a period of 12 months, provided that he is not found guilty of a contravention of Rule 10.5.1, or a similar offence involving the abuse and/or ill-treatment of any horse during that period.

Gadsby lodged an appeal against both the finding and the penalty imposed and after considering all the evidence the appeal board ruled that strict liability was not applicable in Gadsby’s case.

The appeal board accordingly upheld the appeal, set aside the finding and the penalty imposed and refunded Gadsby’s appeal deposit fee.