Non Raceday Inquiry RIU v M Siemelink – Decision dated 31 October 2016 – Chair, Mr M McKechnie

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hearing_title: Non Raceday Inquiry RIU v M Siemelink - Decision dated 31 October 2016 - Chair, Mr M McKechnie

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Decision:

BEFORE A NON RACEDAY JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand Rules of

Harness Racing

BETWEEN

RACING INTEGRITY UNIT (the RIU)

Andy Cruickshank, Investigator

INFORMANT

AND

Mike SIEMELINK, owner and breeder Standardbred Horses

RESPONDENT

DECISION OF NON-RACEDAY JUDICIAL COMMITTEE

31ST OCTOBER 2016

Mr Murray McKechnie, Chairman

Mr Richard Seabrook, Member

Mr Oscar Westerlund, representing the RIU

Mr Andrew Cruickshank, Investigator

Mr Mike Siemelink, Respondent

Mr Rob Lawson, Lay Advocate assisting Mr Siemelink

1. Mr Siemelink is charged with a breach of Rule 1002(1). This rule governs the breeding regulations of New Zealand Harness Racing. Mr Rob Lawson the Lay Advocate for Mr Siemelink indicated at the telephone conference on 5 October that he would file penalty submissions having confirmed the plea of guilty. Detailed submissions have now been received from Mr Lawson. This decision has been made on the papers without requiring the parties to appear in person. There is no dispute of the summary of facts. This is attached and forms part of the decision – 3 pages.

2. Penalty submissions have been received from Mr Cruickshank on behalf of the RIU. Both sets of submissions have been carefully considered by the Committee.

3. The Committee has been told that there is no precedent for a breach of this betting regulation. The regulation prohibits the breeding from the same mare twice in the same season. Here one of the foals was born by a surrogate mare after having undergone an embryo transfer and the second foal was born after the mare had undergone artificial insemination.

4. Mr Cruickshank submits that the offending is at the lowest end of the spectrum and lists a number of mitigating considerations. These are as follows:

a) There was no intent by Mr Siemelink to defeat HRNZ Rules;

b) Mr Siemelink was only interested in treating the infertility of his breeding mare;

c) Mr Siemelink consulted with the appropriate veterinarian professionals;

d) Dr Morris advised investigators that she had consulted with HRNZ officials at the time regarding their breeding rules. Unfortunately due to the timeframe (approximately 5 years) HRNZ officials have been unable to confirm this;

e) The embryo foal from the surrogate mare was the only horse registered with HRNZ;

f) Mr Siemelink gave the unnamed filly away with clear instructions that it could never be registered;

g) Mr Siemelink has co-operated fully with investigators;

h) He has pleaded guilty at the earliest opportunity.

5. Mr Lawson also emphasised the mitigating considerations. He emphasised that the events took place as long ago as 2011. Further that Mr Siemelink did not set out to breach the regulations rather he was trying to do the best by the horse at the time. This is supported by the fact that Mr Siemelink made the position known to the harness racing veterinarian. Mr Lawson emphasised that there was no suggestion that animal welfare was in anyway compromised.

6. Both sets of submissions propose a monetary penalty. They are someway apart as to the appropriate level of that penalty. For the RIU it is said that a fine of $1,000.00 would be appropriate. For Mr Siemelink it is contended by Mr Lawson that an appropriate starting figure is $300.00 and that after factoring in the guilty plea and other mitigating circumstances to which reference has been made a fine of $150.00 would be appropriate. In the view of the Committee a monetary penalty is appropriate. There was no intention to breach the rules. Mr Siemelink has been completely open about what happened and the events are now historical. In the Committee’s view the figure sought by the RIU is too high and the figure proposed by Mr Lawson is unrealistically modest. Giving Mr Siemelink full credit for his openness with Harness Racing New Zealand and his early guilty plea a fine of $400.00 would be appropriate and that is the figure which the Committee fixes. The RIU in recognition of Mr Siemelink’s responsible attitude to what has happened does not seek costs. Some modest contribution should be made towards the costs incurred by the Judicial Control Authority (JCA) and Mr Siemelink is ordered to pay $150.00 towards the costs of the JCA. In summary there will be a plea of guilty recorded, a fine of $400.00 and a payment towards the costs of the JCA of $150.00.

DATED at Rotorua this 1st day of November 2016

Murray McKechnie

Chairman

(signed pursuant to the Fifth Schedule to
the New Zealand Rules of Harness Racing)

BEFORE THE JUDICIAL COMMITTEE

AT AUCKLAND

IN THE MATTER of the New Zealand Rules of Harness Racing

BETWEEN

RACING INTEGRITY UNIT

Andy Cruickshank

Investigator

Informant

AND

Mike SIEMELINK

Owner and Breeder Standardbred Horses

Respondent

SUMMARY OF FACTS

Mr Mike Siemelink is a Carpenter, Farmer, owner and part time breeder of Standardbred race horses. He has been involved in Harness Racing for about 20 or 25 years and is not currently licensed under the Rules of New Zealand Harness Racing.

In 2010 Mr Siemelink purchased a Standardbred breeding mare named Zenola Star.

Zenola Star was a former racehorse having had her last race in November 1996 as a 4 year old. Of her 20 starts she won 2 races and was placed in 7 others.

When she was purchased Mr Siemelink was aware that Zenola Star had a history of infertility. In August 2010 a biopsy of her uterus found that she had a grade 3 tear in her uterus and had only a 10-50% chance of maintaining a pregnancy through to foaling.

Mr Siemelink’s Veterinarian Dr David Spencer referred Zenola Star to Dr Leigh Morris (Equibreed) recommending a fertility investigation and embryo transfer be undertaken.

Mr Siemelink was advised that the best and most effective way to treat infertility in a mare is for her to get it foal, carry the foal full term and foal it.

Zenola Star commenced fertility treatment at Equibreed in September 2010. She was inseminated with chilled semen from the Stallion McArdle in October 2010 but failed to conceive.

Zenola Star was further inseminated on 19 November 2010 with chilled semen from McArdle, she ovulated normally and an embryo was recovered and transferred to a surrogate mare on 28 November 2010.

After discussions between Dr Leigh Morris and Dr David Spencer, Mr Siemelink agreed that he would try and treat Zenola Star’s infertility by getting her in foal as was recommended.

An attempt to inseminate the mare on 3 December 2010 failed. A further attempt was made on 25 December 2010 with chilled semen from McArdle.

Zenola Star had post breeding endometritis (inflammation of the lining of the uterus) which was treated and she responded to the treatment.

On 12 January 2011 Zenola Star was diagnosed with twins which were subsequently reduced to a singleton.

A scan on 7 February 2011 confirmed that Zenola Star was in foal at 42 days gestation.

On 23 February 2011 Zenola Star and the surrogate mare left Equibreed and returned to Mr Siemelink’s property.

On the 7 November 2011 the embryo foal from the surrogate mare was foaled. This was a colt which was subsequently named and registered with Harness Racing New Zealand (HRNZ) as Ruby Rock Star.

Sometime between 23 November 2011 and 21 December 2011 Zenola Star foaled a filly. This filly was raised on Mr Siemelink’s property until it was a weanling.

This foal was unnamed, unbranded and unregistered. Mr Siemelink gave this foal away to an associate with instructions that it could never be registered with HRNZ.

After several years the associate of Mr Siemelink gave the horse to his daughter in-law Ms Lorraine Wiki. Ms Wiki contacted HRNZ when she wanted to find out the parentage so she could show the horse at horse shows.

Racing Integrity Unit Investigators were contacted by HRNZ when they became aware that Mr Siemelink had bred twice from Zenola Star in the same season.

DNA records confirm that Ruby Rock Star and the unnamed filly share the same DNA, meaning they have the same parents (Zenola Star and McArdle).

An age test undertaken by Veterinarian Dr Murray Brightwell confirmed that the unnamed filly had dentition consistent with her being 4 years of age, the same as that of Ruby Rock Star.

Mr Siemelink was interviewed at the premises of Licensed Trainer Mr Derek Balle on 14 January 2016.

He admitted the facts as outlined but stated that he was only ever interested in treating the infertility of Zenola Star and had no intention of breaching any HRNZ Rules.

Despite being aware that there may have been something in the rules about breeding twice from a mare in the same season Mr Siemelink stated he had not read the rules and did not fully understand them. He further stated that because he had advised the associate when he gave the horse to him that it could not be registered with HRNZ he was not in breach of any rules.

When advised of the possible consequences of breeders breeding twice and selecting the foal of choice Mr Siemelink stated that he understood the potential issues but said “What was I supposed to do – knock it on the head?”

Mr Siemelink was proud of the fact the he had been successful in treating the infertility of Zenola Star. He advised that he was able to breed naturally from her for the subsequent 4 seasons, however she died 2 hours after foaling her last foal on 10 December 2015.

The colt Ruby Rock Star was recently retired from racing.

Mr Siemelink has been involved with Harness Racing as an owner and breeder for most of his adult life. He is currently 45 years of age. He has one previous HRNZ rule breach which dates back to 2003 for abusive language.

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