Harness racing driver appeals against disqualification, claims Racing Integrity Board biased

Sheryl Wigg, the first amateur harness racing driver in New Zealand to reach 50 career wins, was disqualified for 19 months. Photo / Harness Racing New Zealand

A well-known amateur harness racing driver disqualified from racing after administering a substance into three horses on race day is challenging the penalty, claiming the Racing Integrity Board is biased.

Sheryl Louise Wigg, the first amateur harness racing driver in New Zealand to reach 50 career wins, was disqualified for 19 months after she admitted to three charges of administering a substance to a horse in July last year.

The "harmless drug" she administered was black pepper, an anti-inflammatory drug typically used to help prevent ulcers in a horse.

In the High Court at Auckland today Wiggs's lawyer, Paul Dale, QC, said the punishment given to Wigg was unfair and disproportionate.

"Wigg could have gone to the world champs. You don't need to have specialist knowledge to know that this penalty was extremely unfair and out of proportion," Dale said.

He pointed out the racing industry figures who had packed the public gallery to hear the potentially precedent-setting case.

"There is a room full of people with racing expertise. Everyone here has an interest in this case. It's important to the industry."

Wigg had admitted the charge of administering the substance to the three horses before they were due to race at Alexandra Park in Auckland.

But when she was disqualified from racing for 19 months she appealed to the Racing Integrity Board, which did nothing.

Now she is arguing the appeal committee in the racing world should not be made up of those on the board.

Lawyer Paul Dale says Wigg has suffered a career-ending disqualification for something that was harmless. Photo / NZME

Dale told the court that because of the crossover in members who sit on both the RIB and appeals panel, no progress was made on her appeal.

He said the appeals panel and the board should be completely separate.

"You cannot have an appeal panel that is populated by the committee because those who sit on both are more inclined to uphold the decision that was made.

"All that is being asked for is natural justice. It's simple; the two boards need to be separated."

Wigg's licence was disqualified from February this year to September next year however it was reinstated while the appeal to the High Court is heard.

Brian Dickey, representing the Racing Integrity Board, said the structure of the board was fit for purpose and worked well.

"We have a perfectly good panel that isn't biased. It is just easier and more efficient to mix and match the appeal members with the RIB members," Dickey said.

"This way it's less time-consuming and cost-efficient. I am not saying this could never be done it would just be difficult.

"The funding comes out of the TAB so compromises would have to be made in order to create the perfect system."

Dickey continued, saying that if the drug was so harmless, then why did it need to be administered on race day?

"It is an anti-inflammatory drug which means that the horse will be able to run without pain."

Justice Mary Peters asked Dickey about the drug that Wigg had given the horses, Getn Wiggy Withit, Happy Place and Saint Michel.

"If Webb had fed the horses this substance off her hand would she have still been caught?" she asked.

"I believe it would be less effective as it's not going directly to the bloodstream."

Dickey said it was hard to prove whether it was a performance-enhancing drug.

"But against an industry that has had prevalent use of other drugs, there need to be rules we stick by," he said.

Justice Peters pointed out what was at stake in this case.

"But someone is about to lose their livelihood here," she said.

Justice Peters reserved her decision. An outcome is expected in the coming weeks.