Racing: 'Obscene' email case on appeal

Tim Carter wasn't sure whether he won or lost on Tuesday.

On Tuesday morning the Cambridge trainer was present at an appeal hearing by the Judicial Control Authority against the $1000 fine and $1200 costs awarded against him on February 24 for sending an offensive email to a bloodstock agent.

An email Carter sent to Robbie Hewetson was ruled to be obscene, insulting and offensive.

The JCA reserved its decision on the appeal and Carter headed from Hamilton to the Cambridge barrier trials in time to see his class winter sprinter-metric miler Danz Star score in his heat in preparation for a fresh campaign.

Even more importantly, Carter was given judicial approval for the use on Danz Star of the Cornell Collar, a throat strap apparatus that greatly assists during a race on horses that displace their palate.

The collar, developed in the United States, was first used in New Zealand on harness horses.

Carter was loaned a collar last year and Danz Star won using it and was badly beaten when it wasn't used.

New Zealand Thoroughbred Racing had no rules against the use of the collar, but under sweeping new regulations which require every change of gear to be notified, it can now be used after May 15 provided it is declared in advance.

"It's absolutely brilliant for Danz Star," says Carter. "I imported two of them from New York and while they're expensive, they do the trick.

"He won with it on then I didn't use it at Hawera and he finished sixth and jacked up before the line.

"I don't believe there will be a problem with declaring he wore one last year because I know of a number of trainers who have tried them."

"There are new rules now - you even have to declare a tongue tie," he said.

Before Danz Star's heat on Tuesday, Carter showed stipendiary steward John Oatham the application of the collar and was granted permission to use it in the trial and on raceday after the 15th.

"I actually wanted to run him fresh up in the 1400m at Te Rapa last Saturday, but he wouldn't have been able to use the collar and he definitely needs it.

"So I trialled him again instead and he can run in the open 1600m at Te Rapa on the 20th [of May]."

"The 1400m would have been better for him fresh, but he'll be competitive at the 1600m."

Carter's appeal against the email finding was on the grounds of jurisdiction, the facts and the penalty.

NZPA reported that at the February hearing Carter's counsel Tony Ryan argued that the JCA had no jurisdiction to hear a case relating to an email to a non-licence holder as it did not fall within the realm of conduct of racing.

Racecourse inspector John McKenzie countered that had the content of the email been spoken in public it would have been grounds for police prosecution.