Charges settled
TWO of horse trainer Ben Currie’s co-accused have pleaded guilty to fraud arising from the alleged administering of substances to race horses.
It came after Currie’s barrister Michael Copley QC unsuccessfully tried in Toowoomba Magistrates Court on Friday to have the charges thrown out.
Currie, 30 and co-accused David John Litzow, 43, Denis Gordon Holbeck, 50 and Anthony Raymond Stephens, 27, had each been charged with dishonestly gaining a benefit by the administering of substances to horses in Toowoomba and elsewhere between February 14, 2017 and February 15, 2019.
Mr Copley argued his client had been committed to trial last year but the Director of Public Prosecutions had discontinued the case.
Currie had then been similarly charged, with the period of alleged offending narrowed and Mr Copley argued the new charge of fraud was the same as that discontinued last year.
Mr Copley said the application to stay the charge was on the grounds of an abuse of process.
He said it would be oppressive for the charge to proceed.
However, Acting Magistrate Roger Stark dismissed the application and Currie and Stephens will go to trial before the Toowoomba Magistrates Court.
Holbeck and Litzow pleaded guilty to their involvement in the alleged fraud.
Prosecutor Paul Rutledge said Holbeck’s involvement was more serious than Litzow as he had supplied the substances.
Litzow, a stable hand, had been involved in the administration of substances directly on five occasions and twice in assisting.
Mr Rutledge said Holbeck knew the substances he supplied were being used against the rules of racing and that it was important horse racing was conducted on a level playing field.
“It corrupts the industry,” he said.
The use of products on the day of racing was against the rules of racing though using the substances outside of race day was not.
Mr Stark said such offending “impacted on the integrity of racing in Queensland” and impacted on public confidence in horse racing.
Noting neither defendant had previous convictions, Mr Stark convicted and fined Holbeck $5000 and fined Litzow $2000 with no conviction recorded.