http://www.harnesslink.com/News/Nigel-McGrath-disqualified-for-8-yearsThe Facts
[5] On Friday 13 March 2020 RIU Investigators conducted surveillance of the shed next to Mr McGrath’s stables.
[6] At 5:40 pm Mr McGrath was observed leading the 3yo colt ‘Steel The Show’ from the covered yard at the end of the stable block into the shed, approximately three hours prior to its scheduled race start time.
[7] ‘Steel The Show’ was engaged in Race 8 at the NZ Metropolitan Trotting Club’s meeting at Addington Raceway at 8:48 pm.
[8] Minutes later RIU Investigator Simon Irving entered the property and went to the shed.
[9] Located in the shed were Mr McGrath and Mr Burrows, ‘Steel The Show’ and a backpack containing tubing gear including a coiled rubber hose, a plastic funnel, a twitch and an empty 800 ml plastic drink bottle containing residue.
[10] Mr McGrath immediately walked the horse from the shed and when confronted by another Investigator a short distance away, either the Respondent let the horse go or the horse got loose resulting in it running toward the stable complex.
[11] Mr McGrath admitted that the horse was ‘Steel The Show’ and that it was racing that evening.
[12] Mr McGrath refused to answer further questions regarding the tubing gear and the identity of his associate.
[13] Mr Burrows remained in the shed and when questioned about the activity admitted that they were about to ‘tube’ the horse ‘Steel The Show’ with what he called “air supply”.
[14] He acknowledged that this was in breach of the Rules of HRNZ and that it wasn’t the first time he had assisted in the procedure at the McGrath property.
[15] Once the horse was recaptured and contained in its yard Mr McGrath’s demeanour changed from being resigned and he became obstructive.
[16] He grabbed hold of the backpack held by Investigator Irving stating that it was his private property and initially would not release it even though he was repeatedly advised that it was being seized as part of an investigation into a racing matter.
[17] Attempts were made to seize the tubing kit as evidence, but Mr McGrath continued to object and requested that Investigators leave his property and come back later.
[18] Mr McGrath was repeatedly warned that Investigators were there lawfully under the Rules of HRNZ and his actions were making the matter much worse.
[19] His strong objections continued, and to avoid further confrontation and to comply with his request RIU staff allowed Mr McGrath to recover the backpack and its contents and prepared to leave the property.
[20] These interactions were recorded on RIU cell phones.
[21] Video containing images of the tubing kit was also recorded.
[22] Before Investigators left the property, Mr McGrath was advised that both his horses in Race 8 that evening would be scratched.
[23] Due to Mr McGrath’s actions the RIU vet on standby was prevented from attending the property to gather further evidence and conduct drug tests on both ‘Steel The Show’ and Mr McGrath’s other runner engaged that evening ‘Cloud Nine’.
[24] The Chairman of Stewards for the race meeting was advised of the incident and attempted to contact Mr McGrath by telephone (three times, two of which went straight to message so the Respondent may have only been aware of one call) and a text message requesting him a call regarding the scratching of his horses.
[25] Mr McGrath did not respond to the request.
[26] At approximately 3:00 pm the following day different RIU staff returned to the Mr McGrath stable to serve an Exclusion Notice on Mr McGrath and request he ‘hand over’ the tubing equipment from the previous day.
[27] Mr McGrath refused to provide the tubing equipment, stating that he would contact his lawyer and that the RIU staff could come back later.
[28] The tubing equipment has not been recovered and therefore could not be sent for analysis.
Respondent’s Statement
[29] The Respondent Mr McGrath refused to answer Investigators' questions on the day, despite being told that he had to respond, other than admitting that the horse he was found with was ‘Steel The Show’ and that it was racing that night.
(a) The following day Mr McGrath attempted to contact another Investigator, Kylie Williams. He did not participate in interviews with the investigations involved.
(b) He has subsequently provided a prepared, written statement to the RIU.
Mr McGrath – Breaches of the Rules of HRNZ
[30] Mr McGrath has committed the following offences against the HRNZ Rules:
(a) Attempting to administer a prohibited substance on a raceday.
(b) Refusing to supply information to a Racecourse Inspector.
(c) Obstructing a Racecourse Inspector during an investigation.