Trainer charged: ‘Bio Bleeder’ found in stable

Prior to the hearing Mr Nicholson had pleaded guilty to the charges as follows:

Charge 1

Australian Harness Racing Rule 194(b) :

A person who: (b) Has in his possession or on his premises or under his control:

Any substance or preparation that has not been registered, labelled, prescribed or obtained in compliance with relevant State and Commonwealth legislation is guilty of an offence.

The charge related to the discovery of a bottle of the Taylor Made product BIO BLEEDER at the registered training stables of Mr Nicholson during a stable inspection conducted by Stewards on 19 July 2021.

Charge 2

Australian Harness Racing Rule 190B(1)(b) :

A trainer shall at all times keep and maintain a logbook:- recording all details of treatment to any horse in his or her care and including as a minimum requirement

1. the name of the horse
2. the date and time of administration of the treatment.
3. the name of the treatment(brand name of active constituent)
4. the route of administration
5. the amount given
6. the name and signature of the person or persons administering and/or authorising treatment.

The charge related to Mr Nicholson failing to keep a treatment logbook for the period leading up to and including the time of the stable inspection.

Charge 3

Australian Harness Racing Rule 231(2) :

A person shall not misconduct himself in any way

The charge related to inappropriate language and comments made towards Stewards during a telephone interview on 2 August 2021.

Charge 4

Australian Harness Racing Rule 187(2) :

A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence at an inquiry or investigation.

The charge related to Mr Nicholsons’ failure to comply with a  written direction issued to him on 2 August 2021 to produce credit card statements in relation to his purchase of the unregistered product BIO BLEEDER.

Charge 5 

Australian Harness Racing Rule 187(2) :

A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence or information at an inquiry or investigation.

The charge related to Mr Nicholsons’ failure to comply with a written direction issued to him on 26 August 2021 to produce credit card statements in relation to his purchase of the unregistered product BIO BLEEDER.

Charge 6

Australian Harness racing Rule 187(2) :

A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence at an inquiry or investigation.

The charge related to Mr Nicholson providing two directly conflicting accounts as to the purchase of the unregistered product BIO BLEEDER when interviewed on 19 July 2021 and 2 August 2021, which constituted providing false or misleading evidence during an investigation.

Prior to the hearing on 25 January 2022, an agreed penalty submission between HRV Stewards and Mr Nicholson was provided to the VRT which was accepted. Accordingly the following penalties were ordered by the Tribunal:

Charge 1 – AHRR 194(b) – Fined $750.

Charge 2 – AHRR 190B – Fined $250

Charge 3 – AHRR 231(2) – Fined $500

Charge 4 – AHRR 187(2) – Fined $1000

Charge 5 – AHRR 187(2) – Fined $1500

Charge 6 – AHRR 187(2) – Fined $500

Total fines imposed – $4500

From Harness Racing Victoria