The owner of Regal Fern Lodge, Robert Francis Lewis, has been banned from the racing industry for life. Photo / File
The owner of a stud farm has been banned from the racing industry for life after being charged with neglect following the death of a malnourished pregnant mare and its foal during birth.
Robert Francis Lewis received the penalty from the Racing Integrity Board [RIB] following an investigation into claims about the poor condition of horses at his property.
In the regulator’s decision released on Tuesday, it said Lewis owned and managed boutique thoroughbred operation Regal Fern Lodge on the outskirts of Whanganui.
The RIB said Lewis failed to take all steps to ensure the physical health needs of the New Zealand Thoroughbred Racing registered mare Acantabelle.
The board believed it was one of the worst cases of neglect to come before the disciplinary process of racing.
Lewis was also found guilty of misconduct for verbally abusing the RIB investigator.
The board’s lawyer Steve Symon said when considering professional discipline sanctions the relevant factors were not only to punish an offender but to protect the profession, community, industry interest and to advance essential animal welfare needs.
Symon emphasised the importance of animal welfare taking centre stage.
Lewis’ Kaitoke-based operation offered a range of equine services including pre-training, foaling and weaning. He also had a stallion named Little Wonder on lease at his property.
In September last year, an investigator and a stipendiary steward visited the operation and immediately called a vet after discovering Acantabelle was malnourished with a severe skin ailment and overgrown hooves.
Other broodmares were also suffering varying degrees of hair loss and were in need of a farrier’s attention.
Paddocks at the property were muddy with little or no grass, the decision said.
Acantabelle was removed from the property on humane grounds and later while giving birth, her foal died due to its poor condition and health.
Vets were unable to assist Acantabelle to recover from the trauma of labour and she was euthanised.
Symon said aggravating factors included that in 2017 Lewis was issued a formal warning from the SPCA due to offending under the Animal Welfare Act 1999 and his abuse of an investigator.
As the owner of Acantabelle, a mare that was “subject to prolonged neglect and suffering”, anddue toLewis’ denial of his conduct, there were no mitigating factors, Symon submitted.
“Mr Lewis had ultimate responsibility to ensure her physical needs were met, which he seriously failed to meet.”
Lewis’ lawyer, who was not named in the decision, told the hearing his client had health issues arising in mid-October, 2022, which placed a strain on his physical and financial wellbeing.
He also had other personal issues that affected his ability to maintain his usual standards of work.
Lewis maintained he had a long history of taking care of animals and believed he was treating Acantabelle correctly. He said the weather had been exceptionally wet prior to the investigator’s visit.
His lawyer submitted this was not a case of “gross mistreatment or abuse at the top end of the scale,” and any disqualification should be capped at three years.
But the Adjudicative Committee found Lewis’ offending comprised “egregious neglect in breach of his duty” as the mare’s condition arose over a lengthy period of time and Lewis’ health issues had no bearing on his inactions.
It categorised the offending as appalling and ruled disqualification from participation in the privileges of the industry must follow.
“The Adjudicative Committee does not consider as valid any claim to personal or financial issues as justifying, or explaining, the neglect so as to warrant any discount.