Central Queensland horse trainer Denis Schultz has 12-month ban overturned after death of filly in his care

The legal proceedings involving a thoroughbred trainer with many years’ experience, revealed details that had never before been made public. Here’s what they were.

Gladstone-based horse trainer Denis Schultz. File photo.

A Central Queensland horse trainer has successfully fought to have a 12-month ban overturned following the death of a filly in his care.

Denis John Schultz, who is based in Gladstone and regularly travels horses to race at centres including Rockhampton, Emerald, Bundaberg and Thangool, has had his licence to train thoroughbreds reinstated after the Queensland Civil and Administrative Tribunal (QCAT) ruled in his favour.

Mr Schultz took his challenge to QCAT after the Queensland Racing Integrity Commission (QRIC) in April, 2021, suspended him for a year and the trainer subsequently failed to have that decision overturned or the penalty reduced at QRIC internal review.

The QCAT proceedings revealed details of the events which led to Mr Schultz’s ban - details that are not made public by QRIC as part of its processes.

It was revealed that on August 27, 2020, the RSPCA received an anonymous report about a three-year-old filly (Citiwyse - Lady Long Legs) in Mr Schultz’s care.

This prompted QRIC stewards to visit Mr Schultz’s stables on August 31, 2020, at which time he was directed to have a vet attend the filly.

Sadly, the filly was euthanised on September 3, 2020.

Gladstone-based trainer Denis Schultz. Photo Nick Kossatch/The Observer.

Following a stewards’ inquiry on September 9, 2020, Mr Schultz was found guilty of a breach of the Australian Rules of Racing and his licence was suspended for 12 months.

The relevant rule states a person in charge of a horse must not fail at any time to provide veterinary treatment to the animal where such treatment is necessary.

At QCAT, a QC appearing for Mr Schultz raised an issue about jurisdiction and whether the rules applied to the present matter.

Put simply, it was argued by Mr Schultz that the filly was not involved in racing and the steward’s involvement in the matter was beyond the boundaries of QRIC’s functions and the stewards had no power to lay the charges.

The Tribunal accepted QRIC’s submission that it, as the body which oversees the racing industry, has a broad range of functions.

Under the relevant Act, one of those functions is to safeguard the welfare of any animal involved, whether directly or indirectly and whether lawfully or unlawfully in racing.

Another function is to make decisions about disciplinary matters.

The Tribunal found the suspension of Mr Schultz’s licence would be a “disciplinary matter” and therefore fell within the scope of the relevant Act.

In relation to the rules of racing, the Tribunal found that Mr Schultz was bound by them, and must comply with them.

The Tribunal noted that Mr Schultz “is a trainer with many years’ experience and is responsible for relevant horses such as the filly.”

“The Commission (QRIC) submits and I accept that the care and welfare of horses is clearly a matter which comes within the ambit of the Rules,” said the Tribunal member who delivered the decision.

“I find that Mr Schultz’s conduct does come within the ambit of the Rules...Further to that, I find that the Rules applied to both Mr Schultz as an owner of the filly and as a participant in racing and that the filly is an eligible horse for the purposes of the Rules.

“Mr Schultz’s submission that the involvement of the Stewards in this matter is beyond the boundaries of the Commission’s functions is rejected.

“In my view, the Commission and therefore the Stewards acted within the broad powers conferred upon it under the Rules and the relevant RI Act to investigate a complaint received about the filly and to make decisions about a disciplinary matter as a consequence of any breach of the Rules.”

The Denis Schultz trained Lucifer's Angel wins at Gladstone. File photo.

It was revealed during the QCAT proceedings that in this matter, the filly sustained an injury on June 13, 2020, and further injury on July 26, 2020.

QRIC submitted that the charge being considered by the Tribunal related to the re-injury which occurred on or about July 26, 2020, and the failure to provide veterinary treatment to the filly for that particular injury.

QRIC contended that the evidence before the Tribunal demonstrated that Mr Schultz for a period of up to five weeks, made a deliberate decision to treat the filly by way of his own methods such as, the administration of intermittent phenylbutazone at varying doses, rather than having the filly examined by, and its true condition diagnosed by, a veterinarian.

QRIC argued that Mr Schultz made a “deliberate choice” not to have the filly examined and treated by a veterinarian in circumstances where the treatment was necessary because the injury caused the horse pain and discomfort.

This was evidenced, as submitted by QRIC, by the fact that the eventual examination of the filly by a veterinarian, Dr Yasmine Flohr, resulted in the filly being euthanised.

In responding to the charges, Mr Schultz said that he had been taking steps to treat the filly following an injury on June 13, 2020.

Further to that, Mr Schultz said that he had arranged for a specialist equine veterinarian (Dr Kris Thomson) to call to examine the filly on September 3, 2020.

Mr Schultz said, amongst other things, that the Tribunal could not be comfortably satisfied that the charge had been made out.

Jockey Hannah Phillips with Gladstone trainer Denis Schultz in 2017.

The Tribunal member who delivered the decision said: “There is evidence before the Tribunal in relation to the action taken by Mr Schultz with respect to the filly after she was re-injured on or about 26 July, 2020, that in my view demonstrates that Mr Schultz did take steps to treat the filly and arrange for the filly to be examined by a veterinarian.”

The member added: “On balance, I do not accept, as submitted by the Commission, there was no arrangement at all for the veterinarian Dr Thompson to review the filly.”

And further: “I am not satisfied that the evidence supports a finding that Mr Schultz failed to provide veterinary treatment to the filly which was necessary and that such failure resulted in the filly being euthanised.

“In my view Mr Schultz has taken steps to treat the filly following the reinjury on 26 July 2020. Mr Schultz was administering Bute to the filly and made arrangements for the filly to be seen by a veterinarian, Dr Thompson.

“Mr Schultz’s evidence about the steps taken by him to manage the filly’s injury is supported by his friend and former licensed trainer, Margaret Stafford...I accept Ms Stafford’s evidence.

The Tribunal member concluded by saying: “This is not a case where the filly was left for a period of time with an injury without treatment.

“Further to that, this is not a case where the person in charge of the horse has failed to take the care and welfare of the horse seriously.

“On balance, I am satisfied that Mr Schultz took steps to treat the horse by administering Bute and arranging for a vegetarian to see the filly.

“I am not satisfied based on the evidence before me that Mr Schultz failed to provide veterinary treatment to the filly in circumstances were such treatment was necessary for the filly.”

QRIC’s decision from April 2021 that Mr Schultz breached the rules of racing, and the penalty it subsequently handed down to him, were set aside by QCAT in its decision delivered last month.

Originally published as Central Queensland horse trainer Denis Schultz has 12-month ban overturned after death of filly in his care