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Background

On 11 April 2025, four-year-old mare American Kestrel in the care of licensed trainer Mr Martin Stein sustained a catastrophic injury to its pelvis during trackwork at Albury Racecourse and was subsequently euthanised.

On 11 April 2025, Racing NSW Stewards commenced an investigation surrounding the euthanasia of American Kestrel and the care afforded to the mare prior to its euthanasia.

Stewards conducted interviews with licensed participants Miss Charlie Murray, Mr Joshua Loy, Mr Royce Gregory, licensed trainer Mr Michael Travers and licensed trainer Mr Martin Stein. Racing NSW Investigators obtained relevant veterinary reports and treatment records in respect to American Kestrel.

Racing NSW Stewards today opened an inquiry into circumstances surrounding the euthanasia and prior care afforded to American Kestrel. A brief of evidence compiled by Racing NSW Investigator Anna Tabet was tendered and oral evidence was taken from Mr Michael Travers, Miss Charlie Murray, Mr Joshua Loy, Mr Royce Gregory, Mr Martin Stein and Racing NSW Official Veterinarian Dr Rose Bensley.

It was established that American Kestrel while in the care of Mr Michael Travers sustained a basilar fracture of the medial sesamoid bone in the left front fetlock during trackwork on 23 November 2024. On 25 November 2024, the mare was examined by Riverina Equine who provided a report with the findings.

On 26 November 2024, Mr Martin Stein agreed to take possession of the horse. At this time, Mr Stein was provided with the veterinary report which included veterinary advice in respect to conservative injury management.

On 7 December 2024, Mr Stein took possession of the mare and on 8 December 2024, transported the mare to the paddock. On 12 March 2025, without a veterinary examination of American Kestrel or obtaining veterinary advice relating to the injury, Mr Stein returned American Kestrel to work.

Between 7 April 2025 and 10 April 2025, it was reported by two trackwork riders that American Kestrel was “scratchy”, not stretching out and had a gait abnormality in its front left leg.

Stewards considered the evidence and issued three (3) charges against Mr Stein as detailed below:

Charges issued against Mr Martin Stein

Charge 1: AR231(1)(b)(iii) – Care and Welfare of Horses

The details of the charge being that between 7 December 2024 and 11 April 2025, he did fail to provide treatment in accordance with veterinary advice where such treatment was necessary for the welfare of American Kestrel.

Plea: Not Guilty

Finding: Guilty

Charge 2: AR229(1)(b) - Improper action in connection with racing

The details of the charge being that he did commit an improper action in connection with racing to have American Kestrel commence exercise on 12 March 2025, with the knowledge that the mare required repeat imaging to ensure the fracture was healing. Furthermore, it was an improper action to continue to exercise American Kestrel, despite having been advised that American Kestrel had a gait abnormality and/or lameness between 7 April 2025 and 10 April 2025, which required veterinary assessment to identify the cause of the gait abnormality and/or lameness.

Plea: Not Guilty

Finding: Guilty

Charge 3: AR88(B) - Horses returning from extended layoffs, injuries ect

The details of the charge being that between 7 December 2024 and 11 April 2025, he failed to comply with the protocols as stipulated in the ‘Racing Australia Code of Practice: Compulsory reporting of major factures, orthopedic surgery and approval of affected horses to return to racing,’ - specifically a non-displaced articular, horizontal basilar fracture of the medial proximal sesamoid bone in the left front fetlock to American Kestrel.

Plea: Guilty

Finding: Guilty

Penalty

The following penalty considerations were taken into account:

- Not guilty plea to Charge 1 and Charge 2
- Guilty plea to Charge 3
- Objective seriousness of the breaches
- Previous breaches of AR231 in 2013 and 2015
- Precedent penalties
- Personal and professional circumstances
- Principles of specific and general deterrence and what message is sent to the industry in respect to such conduct
- The importance of equine welfare for the thoroughbred racing industry prior to, during racing and on retirement
- The purpose of issuing penalties as a protective measure for the image, interests and welfare of the Thoroughbred Racing Industry

Charge 1: AR231(1)(b)(iii) – 12 months disqualification of licence

Charge 2: AR229(1)(b) – 12 months disqualification of licence (to be served wholly concurrent with charge 1)

Charge 3: AR88(B) - $1500 fine (wholly suspended for a period of 2 years under AR283(5)).

Having regard to the periods of concurrency for charges 1 and 2 as set out above, Stewards ruled that the total period of disqualification be 12 months to commence on 13 May 2025, and to expire on 13 May 2026 at which time he may reapply for a licence.

Under the powers afforded by AR283(7), Stewards ordered the commencement of the penalty be deferred for a period of seven (7) days, however, during this period Mr Stein is not to start a horse in a race.

Mr Stein was advised of his appeal rights.

Relevant Rules

AR 231 Care and welfare of horses

(1) A person must not:
 (b) if the person is in charge of a horse – fail at any time:
to obtain veterinary advice and provide treatment in accordance with that advice where such treatment is necessary for the welfare of a horse;

AR 229 Corruption, dishonesty and misleading behaviour
(1) A person must not:
 (a) engage in any dishonest, corrupt, fraudulent, improper or dishonourable action or practice in connection with racing;

AR88B(3) Horses returning from extended layoffs, injuries, etc.

(3) Where a horse has sustained a major fracture and/or undergone major orthopaedic surgery, the trainer and any other person in charge of the horse must comply with the Racing Australia Code of Practice: Compulsory reporting of major fractures, orthopaedic surgery and approval of affected horses to return to racing (as amended from time to time) in respect of reporting such events and any future training of the horse and/or running of the horse in a race, official trial or jump-out. For the purposes of this subrule, “major fracture” and “major orthopaedic surgery” have the meanings given to them in the Code of Practice.

AR283 (5)

Any person or body authorised by the Rules to penalise a person may in respect of any penalty imposed in relation to the conduct of a person and other than in relation to a period of disqualification or a warning off, suspend the operation of that penalty either wholly or in part for a period not exceeding 2 years, on terms they think fit.

- D.R. Hadley (General Manager – Investigations, Racing NSW)