Flower given show cause notice by Racing NSW

Damion Flower may lose his slot in the $14 million Everest as he faces a show cause notice from Racing NSW as to why he should be allowed to continue in the industry while facing drug importation charges.

Flower paid for his slot in full for 2019 and it remains unclear whether he will be refunded that money if he loses the slot. Racing NSW will wait until the outcome of the show cause notice to decide if he can continue as a slot holder from 2020 in its flagship race.

“No matter what the circumstances, Racing NSW will provide due process and natural justice to its participants,” Racing NSW chief executive Peter V’landys said.

“Accordingly, I stress that we are not pre-judging Mr Flower’s case who is entitled to the presumption of innocence and will be given every opportunity to respond to the show cause notice issued by Racing NSW when he is able to do so.

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“However, in the interim, it is critical that the integrity, image and interests of thoroughbred racing in New South Wales be protected which is why Racing NSW has imposed interim conditions on Mr Flower’s participation in the thoroughbred racing industry.

“It is also important that other racing participants that race horses with Mr Flower are not unfairly prejudiced as a result of the charges against Mr Flower.

“The interim conditions have been framed so that those persons, who are not involved and need to be treated accordingly so as they are not disadvantaged due to circumstance beyond their control, can continue to train and race horses."

Flower has been charged with six counts of importing a border controlled substance, cocaine, and Racing NSW moved swiftly on Friday.

"Racing NSW acted immediately to protect the integrity, image and interests of thoroughbred racing by issuing a show cause notice to Mr Flower on that day, which has been served on his representative, requiring him to show cause as to why the provisions of AR23 should not be imposed against him in respect of his ongoing participation in the thoroughbred racing industry," a statement said.

"In this respect, it is important to note that the stand-down conditions under AR23 (which were introduced into the Rules of Racing in October 2013) are intended to protect the integrity, image and interests of thoroughbred racing while charges are being determined against a person and Racing NSW is in no way prejudging the charges against Mr Flower nor interfering with his entitlement to the presumption of innocence."

Until a hearing is held Flower’s horses will be allowed to continue to race but any prizemoney will be frozen and held by Racing NSW or provided to any third party subject to legal requirements, until all charges issued against Flower have been determined.

Flower’s colours of red with white spots will not be used in races or barrier trials.

Further if Flower is granted bail on the charges he will not be allowed to enter any racecourse or training centre or participate in the preparation for racing or training of any horse.

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