Michael Day faces jail time for fraud

The harness racing community in New South Wales was still coming to terms tonight with the news that the successful and well respected trainer Michael Day had been convicted of fraud with respects to a "phantom" horse that only existed in the accounts book.

Mr Day arranged for a mare to be served, for all the agistment and associated costs with breeding that  foal to be paid and for the costs after the foal was born, broken in, and trained over several seasons to also to be paid.

The only problem was the horse who he named Miriyan was never born and Mr Day fraudulently obtained over $25,000 over several years from the "owner" of the phantom horse.

The first payment was on October 1, 2012, and payments continued until January 13, 2015.  

The payments totaled $25,677.

Even though the owner was shown two different horses at different times over the years who were meant to be Miriyan, the owner continued to pay accounts that Mr Day sent her.

Eventually she became suspicious after being unable to locate the horse and contacted NSW Harness Racing.

An investigation commenced and HRNSW  discovered that Miriyan had never existed.

The horse the client had sighted for years was actually another horse.

NSW Harness Racing conducted their own investigation into the matter and disqualified Day from the harness racing industry for 10 years.

On October 20, 2015, Day was arrested and taken to Goulburn Police Station where he made a full and complete statement admitting the fraud.

In court on Wednesday, Day's solicitor Tim McGrath said his client had been a man of overall good character until this matter. 

Mr McGrath submitted that the offending was out of character and that Mr Day was a man of good skill and reputation in the harness racing industry and as a result of his offending he was now being treated for depression and that a suspended sentence may be appropriate.

However the Magistrate Carolyn Hunstman was not convinced, finding Mr Day guilty and ordered him to undertake an assessment for an Intensive Corrections Order, with a final sentencing in Goulburn Local Court on March 16.

Magistrate Huntsman said she had no alternative to a custodial sentence. 

"It is a serious fraud over a long period of time," Ms Huntsman said. 

"It is not appropriate to give you a suspended sentence."

Mr Day, who has been a harness racing trainer for 38 years, had his biggest moment in the industry in 1982 when he won the Miracle Mile with Gundary Flyer.

However after this court case Mr Day will be forever associated with the "phantom" horse that never existed.

Harnesslink Media