STEWARDS INQUIRY RELATIVE TO THE NAMING OF THE 2015 FILLY BENFICA X LOOSE ‘N’ LOVELY NAMED ANDIAMO FICA BY MANAGING OWNER MR STUART RUSE
Thursday, 13 September 2018
Stewards: M F Van Gestel (Chairman) P C Dingwall
Racing NSW Stewards today conducted an inquiry relative to the naming of the 2015 filly Benfica x Loose ‘n’ Lovely as Andiamo Fica. Evidence today was taken from Managing Owner Mr Stuart Ruse. Mr Ruse gave evidence that as the Managing Owner he did complete and was responsible for the registration application that was submitted to Racing Australia on 9 February 2018.
Stewards found Mr Ruse guilty of the following charges.
1. AR175A – Conduct Prejudicial to the interests and/or image of racing
The details of the charge being that registered owner Mr Stuart Ruse, as the managing owner of the racehorse Andiamo Fica, did submit to Racing Australia the registration of the 2015 Bay filly Benfica x Loose ‘n’ Lovely to be named Andiamo Fica in the knowledge that when translated from Italian to English the name means Let’s Go (C Word), such conduct being prejudicial to the image and/or interests of racing.
Plea: Not Guilty
2. AR175(g) – Providing false evidence
The details of the charge being that registered owner Mr Stuart Ruse, as the managing owner of the racehorse Andiamo Fica, did provide false evidence to the Stewards at a Stewards inquiry conducted on 13 September 2018, such evidence being that he was unaware of the Italian to English translation of the term Andiamo Fica when he had knowledge that such term when translated from Italian to English means Let’s Go (C Word).
Plea: Not Guilty
Penalty: Having regard to the seriousness of the charges issued against Mr Ruse, his not guilty pleas, his personal circumstances and the principals of both general and specific deterrence, including what message is to be sent to the community at large to indicate that those who are likeminded to engage in such conduct, what the likely consequences are and secondly to indicate to the broader community that thoroughbred racing is operating at the highest possible standards, the Stewards issued the following penalties
1. AR175A – 12 months’ disqualification 2. AR175(g) – 12 months’ disqualification
RACING NSW – STEWARDS REPORT
Having regard to the totality of the penalty and the overall conduct of Mr Ruse, the Stewards determined 6 months of the disqualification issued under AR175(g) to be served concurrently with the penalty under AR175A. Therefore, the disqualification commences 13 September 2018 and to expire on 13 March 2020.
Acting under the provisions of AR50 Mr Ruse was advised the filly would not be permitted to start in a race or trial until such time that the fillies name is changed to the satisfaction of Racing NSW and Mr Ruse either exercises his right of appeal or removes himself from the ownership of the filly, subject to the approval of Racing NSW.
Mr Ruse was advised of his right of appeal.
AR 175A. Any person bound by these Rules who either within a racecourse or elsewhere in the opinion of the Principal Racing Authority (or the Stewards exercising powers delegated to them) has been guilty of conduct prejudicial to the image, or interests, or welfare of racing may be penalised.
AR 175. The Principal Racing Authority (or the Stewards exercising powers delegated to them) may penalise;
(g) Any person who gives at any interview, investigation, inquiry, hearing and/or appeal any evidence which is false or misleading in any particular.
AR 50. All nominations and entries are subject to approval, and the Committee of any Club, or the Stewards, may decline to receive, or at any time after having received, reject any nomination or entry without giving any reason for so doing. If any nomination or entry be rejected under this Rule, the fees paid in respect thereof shall be refunded.