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Herald Sun
08-05-2025
- Sport
- Herald Sun
Injunction dismissed: Alligator Blood case takes stunning new twist
Don't miss out on the headlines from Horse Racing. Followed categories will be added to My News. The long-running Alligator Blood saga has taken a new twist with a Supreme Court Judge giving Queensland stewards the green light to open a new stewards' inquiry. At 9.30am on Thursday morning, Justice Martin dismissed an injunction application from the star horse's original owners Allan Endresz and Jeff and Robyn Simpson. The injunction bid had been attempting to restrain stewards from conducting current and future inquiries into the 2020 Gold Coast Magic Millions 3YO Guineas controversy. It is more than five years into the drama since Alligator Blood was originally stripped of the 2020 $2m Magic Millions Guineas win and the prizemoney cheque, following a positive swab to the banned substance, altrenogest. Endresz and co were originally handed a thumping win in court when Justice Morrison, of the Court of Appeal, ruled in favour of a court's original decision to void Alligator Blood's disqualification as it ruled owners were never given an opportunity to be heard by stewards before the disqualification. However, Queensland stewards later announced they would attempt to re-hear the matter in a third inquiry. They will now get that chance and the latest court ruling is the first time Endresz has had a major loss in court since the saga kicked off. The Queensland Racing Integrity Commission and Racing Queensland – which were the respondents in the civil action – were awarded costs from Endresz and co. Endresz's legal team had initially submitted to Justice Martin that 'the lawful power of the stewards had been exceeded' and the second stewards' inquiry into the matter had been 'discontinued without any reasonable diligence.' They claimed Alligator Blood's 'A' swab sample from 2020 was now unreliable because of laboratory flooding and 'even QRIC's own experts say it is unlikely it could be reliably analysed now.' But Justice Martin said, in his finding: 'The owners have not succeeded on any of the arguments they presented.' QRIC deputy commissioner Kim Kelly told Racenet: 'QRIC is pleased with today's Supreme Court's decision and looks forward to the (stewards') inquiry proceeding and the matter being determined. 'When the current (QRIC) leadership team was appointed in September last year, this matter being resolved was prioritised. 'The Supreme Court's decision facilitates that outcome being achieved. 'The way is now clear for the inquiry to proceed with a fresh panel which will objectively consider all the relevant evidence and reach a determination based on that evidence. 'With today's decision, QRIC's leadership team remains committed to finalising this matter in a timely manner.' Kim Kelly. Picture: Grant Peters – Trackside Photography. Endresz said he would file an appeal next week, saying an initial debrief with his barrister Katherine McGree had uncovered 'three crucial points, wrong in law.' 'I have instructed Katherine to dig deeper into those points and we will file an appeal next week,' Endresz said. Alligator Blood, the seven-time Group 1 winning headline horse, had been transferred from Gai Waterhouse and Adrian Bott to Chris Waller but never raced for Waller. He was retired last month after a slight amount of heat was detected in his leg. Originally published as Alligator Blood case takes new twist with Supreme Court injunction application dismissed

News.com.au
08-05-2025
- Sport
- News.com.au
Alligator Blood case takes stunning new twist with Supreme Court injunction application dismissed
The long-running Alligator Blood saga has taken a stunning new twist with a Supreme Court Judge giving Queensland stewards the green light to open a new stewards' inquiry. At 9.30am on Wednesday morning, Justice Martin dismissed an injunction application from the star horse's original owners Allan Endresz and Jeff and Robyn Simpson. The injunction bid had been attempting to restrain stewards from conducting current and future inquiries into the 2020 Gold Coast Magic Millions 3YO Guineas controversy. It is more than five years into the drama since Alligator Blood was originally stripped of the 2020 $2m Magic Millions Guineas win and the prizemoney cheque, following a positive swab to the banned substance, altrenogest. Endresz and co were originally handed a thumping win in court when Justice Morrison, of the Court of Appeal, ruled in favour of a court's original decision to void Alligator Blood's disqualification as it ruled owners were never given an opportunity to be heard by stewards before the disqualification. However, Queensland stewards later announced they would attempt to re-hear the matter in a third inquiry. They will now get that chance and Wednesday morning's ruling is the first time Endresz has had a major loss in court since the saga kicked off. The Queensland Racing Integrity Commission and Racing Queensland – which were the respondents in the civil action – were awarded costs from Endresz and co. Alligator Blood, the seven-time Group 1 winning headline horse, had been transferred from Gai Waterhouse and Adrian Bott to Chris Waller but never raced for Waller.

News.com.au
23-04-2025
- News.com.au
Queensland Racing Integrity Commission lawyer says video ‘crystal clear' on animal cruelty allegation against Chris Wearne
A lawyer acting for the Queensland Racing Integrity Commission says the video footage is 'crystal clear' showing Rockhampton trackwork rider Chris Wearne striking a horse with a lead rope and a wooden twitch seven times. Wearne has pleaded guilty to a charge under section AR 231 of the Australian Rules of Racing which prohibits a person from committing an act of cruelty to a horse but he is appealing the stewards' decision to ban him for 16 months. Scott McLeod KC, representing QRIC, argued that the 16-month disqualification from the alleged incident, which occurred in September 2021 when Wearne was working for trainer Paul Butterworth, should stand. Stewards allege that while trying to groom Menari Magic, the mare bit Wearne on the arm before rearing up, striking Wearne on the forearm. Wearne is accused of then striking Menari Magic with a lead rope five times and twice with a wooden twitch in the head region. The video footage of the alleged incident was recently sent anonymously to QRIC by a member of the public. 'The video speaks for itself, it is crystal clear,' McLeod said. 'After one of the stewards outlined some matters with him, Mr Wearne said 'I'm comfortable to keep going now, I may as well'. 'He says 'there's not much else to say, it's all there on the video, what's done is done'. 'There's no misapprehension, there was no unfairness in relation to the inquiry process and ultimately the nature of the charge that he pleaded guilty to. 'He was fully cognisant in my submission when you go through the transcript. Stewards couldn't have been fairer with respect to giving him the opportunity to give his explanation for what occurred as depicted on the video.' Barrister Katherine McGree, acting for Wearne, argued that her client 'was not informed of the true nature of the charge against him'. 'It is only after entering his guilty plea that Mr Wearne was told that the starting penalty for cruelty to a horse was disqualification for two years,' said McGree, who argued Wearne's guilty plea should be set aside. 'His plea of guilty simply cannot be understood to be an admission of all the elements of the charge because he was never probably informed of those elements.' McGree said there was no evidence of injury to the late mare Menari Magic, who last raced in Rockhampton in July, an argument McLeod later described as a 'red herring'. 'One can still be cruel to an animal without a physical injury appearing as a result of the act of cruelty,' McLeod said. 'I'd invite the panel in due course to revisit the footage to appreciate the conduct here in question and in particular the way the horse reacted when being struck by Mr Wearne.' McGree said her client was 'frustrated' at the time after struggling to control the horse. 'His strikes were intentional, that arises from his answer to the question that he meant every bit of it, to which he agreed, but he also said 'it could have been worse',' McGree said. 'It is not open to infer that Mr Wearne intended to inflict serious injury or pain on the horse where his objective was to ready the horse to his employer's satisfaction for an imminent race. 'In short, the commission has failed to establish that the conduct reaches the threshold of cruelty. 'The particulars are insufficient, the evidence does not come up to proof. The charge ought to be dismissed.' The panel of Dianne Condon, Megan Brooks and Damien MacGinley adjourned to consider their decision on the penalty, which will be made before May 7.

The Australian
23-04-2025
- The Australian
Trackwork rider Chris Wearne accused of animal cruelty
A lawyer acting for the Queensland Racing Integrity Commission says the video footage is 'crystal clear' showing Rockhampton trackwork rider Chris Wearne striking a horse with a lead rope and a wooden twitch seven times. Wearne has pleaded guilty to a charge under section AR 231 of the Australian Rules of Racing which prohibits a person from committing an act of cruelty to a horse but he is appealing the stewards' decision to ban him for 16 months. Scott McLeod KC, representing QRIC, argued that the 16-month disqualification from the alleged incident, which occurred in September 2021 when Wearne was working for trainer Paul Butterworth, should stand. • PUNT LIKE A PRO: Become a Racenet iQ member and get expert tips – with fully transparent return on investment statistics – from Racenet's team of professional punters at our Pro Tips section. SUBSCRIBE NOW! Stewards allege that while trying to groom Menari Magic, the mare bit Wearne on the arm before rearing up, striking Wearne on the forearm. Wearne is accused of then striking Menari Magic with a lead rope five times and twice with a wooden twitch in the head region. The video footage of the alleged incident was recently sent anonymously to QRIC by a member of the public. 'The video speaks for itself, it is crystal clear,' McLeod said. 'After one of the stewards outlined some matters with him, Mr Wearne said 'I'm comfortable to keep going now, I may as well'. 'He says 'there's not much else to say, it's all there on the video, what's done is done'. 'There's no misapprehension, there was no unfairness in relation to the inquiry process and ultimately the nature of the charge that he pleaded guilty to. 'He was fully cognisant in my submission when you go through the transcript. Stewards couldn't have been fairer with respect to giving him the opportunity to give his explanation for what occurred as depicted on the video.' Barrister Katherine McGree, acting for Wearne, argued that her client 'was not informed of the true nature of the charge against him'. 'It is only after entering his guilty plea that Mr Wearne was told that the starting penalty for cruelty to a horse was disqualification for two years,' said McGree, who argued Wearne's guilty plea should be set aside. 'His plea of guilty simply cannot be understood to be an admission of all the elements of the charge because he was never probably informed of those elements.' McGree said there was no evidence of injury to the late mare Menari Magic, who last raced in Rockhampton in July, an argument McLeod later described as a 'red herring'. 'One can still be cruel to an animal without a physical injury appearing as a result of the act of cruelty,' McLeod said. 'I'd invite the panel in due course to revisit the footage to appreciate the conduct here in question and in particular the way the horse reacted when being struck by Mr Wearne.' McGree said her client was 'frustrated' at the time after struggling to control the horse. 'His strikes were intentional, that arises from his answer to the question that he meant every bit of it, to which he agreed, but he also said 'it could have been worse',' McGree said. 'It is not open to infer that Mr Wearne intended to inflict serious injury or pain on the horse where his objective was to ready the horse to his employer's satisfaction for an imminent race. 'In short, the commission has failed to establish that the conduct reaches the threshold of cruelty. 'The particulars are insufficient, the evidence does not come up to proof. The charge ought to be dismissed.' The panel of Dianne Condon, Megan Brooks and Damien MacGinley adjourned to consider their decision on the penalty, which will be made before May 7.