Judge dismisses appeal against cruelty charge

Adrian Dunn, Herald Sun, March 9, 2007:

RACING Appeals Tribunal chairman Judge John Nixon yesterday launched a stinging rebuke as he dismissed Horsham trainer Paul Preusker's appeal against a four-year disqualification. Judge Nixon said he recognised the penalty imposed by the Racing Appeals and Disciplinary Board, which found Preusker guilty of possessing an illegal electrical device and being a party to jockey Holly McKechnie using it on his horses.

Preusker's disqualification starts immediately, which means Miss Rayjandesmik and Whiteoveralls, his two horses engaged at Edenhope tomorrow, will not run in his name.

He has until April 5 to dispose of the 30-35 horses in his stable.

Judge Nixon said Preusker, under cross examination from Jack Forrest, QC, appearing for RVL stewards, had admitted it was abhorrent to use an electrical device on a horse.

"Your actions have tarnished the image of the racing industry and you, by your conduct, have shown a callous disregard to the racing industry."

Judge Nixon described racing as a major industry and said Victorian racing had a high reputation across Australia.

He said it was imperative for that reputation to be maintained so the public had continued confidence.

Judge Nixon said Preusker's action primarily involved "cheating" in a bid to obtain an unfair advantage.

He also noted it involved a degree of cruelty to the horse.

Frances Nelson, QC, for Preusker, urged the RAT to take into account her trainer's unblemished record, the people directly affected by such a punishment and the crushing effect it would have on him.

Nelson queried whether the offence was more serious than a repeat prohibited substance offender.

Judge Nixon responded to that assertion by asking if there was a more heinous offence.

Megan Hustwaite, The Wimmera Mail Times, March 9, 2007:

On Wednesday, the first day of the appeal, Judge John Nixon adjourned the case until yesterday to prepare his ruling. Preusker said aspects of the two-day appeal had left him confused.

"It's devastating. If I was a tradesperson, a builder or an electrician and I did something wrong, I'd cop a warning. I wouldn't be banned from my job," he said.

"They're very aware that this sort of thing is going on and are making an example of it. That example is me.

"The appeal judge, Judge Nixon, referered to a comment the judge in the first case, Judge Russell Lewis, made where he referred to the device as `a bit of a tickler'.

"That came from a person who's been in the industry a long time. He knows what's going on."