Chief Stipe

The majority of deaths were. As was the fact that all had comorbidities. Don't fall for the brainwashing that "Covid-19 cases are BAD". 99% of them aren't. For those aged under 50 Covid-19 isn't as bad as influenza.

Australia is Falling Apart 27 August 2021 by Guy de la Bédoyère Steve Waterson’s latest piece in the Daily Sceptic provoked me to finish an essay I’ve been putting together for a while. As an historian, what really strikes me now is how brief the Covid crisis has been so far. Yes, I know it seems like 500 years since we were last able to travel freely and not hear about the pandemic on the nightly news. But in historical terms this is nothing. What will define the era is the social, political, and economic fallout and, trust me, that’s barely started. Governments are going to fall, millions of people are going to be ruined while others make fortunes, and some countries are going to disintegrate. But when, where or how is yet to be seen. This will take years – decades – but I think you can see the signs of fragmentation and epic change already – almost all self-inflicted as a result of the hysteria that has consumed us since early 2020. Let me make it clear from the outset: I love Australia. I’ve been there several times and travelled long distances. My maternal grandfather, whom I never met, died in Sydney. Two of his brothers died out there. I have lots of relatives in Australia and many close friends in places as far apart as Wodonga VIC and Denmark WA. I’ve constantly discussed with them what has been going on, and only escaped myself in late March 2020 on one of the last flights out of Perth. I was in the process of writing this piece when another article, this time by a pharmaceutical executive, about the terrible predicament Australia and New Zealand have placed themselves in, appeared on the Daily Sceptic. I decided to press on, because I hope this will complement that piece by showing just how dangerous that predicament is. I have watched with apprehension and astonishment at the direction Australia and New Zealand have travelled in the last 18 months. One thing I know very well is that those in the present never learn from the past. It’s also true that the past does not determine the future. I’m not in the business of predicting what will happen. There’s been too much of that since the Covid crisis broke and much of it has been wrong. But we can see what might happen or what could now happen. Early in this crisis, I wrote a piece for this site called Britain’s Covid Reich. In it I explained a central tenet of the totalitarian state: intolerance of diversity. This is an environment in which any variance from the state’s ideology is seen as a threat to the state. I had not envisaged when I wrote it that 15 months later I would be looking at a country on the other side of the world heading even further down that road. Not only that, but it looks dangerously like a country that could fall apart. Both Australia and New Zealand have hitherto bought into the zero-Covid crock of gold at the end of the rainbow, though at least some Australian politicians, and quite a few of their subjects (the best word for them now), have woken up to the realisation that there is no future in that policy. But so far much of what their national and regional governments have done has been justified by claims that zero-Covid will be the outcome. But the pandemic has created, and been allowed to create, destabilising circumstances that may be epoch-changing. We haven’t even yet reached the point in most countries where it is time for a major election. When the Black Death hit in the middle of the 14th century, the impact in terms of deaths, reaching up to half the population, was obvious. It took generations for the social, political, and economic effects to reveal themselves fully. We can already see how political opportunism has taken hold, especially in the United Kingdom where the SNP has fallen over itself to exploit Covid for its own advantage, despite the fact that its measures have been even less effective than in England. Now in the second Covid year, far from opening up, more and more countries are seeking opportunities to restrict access. The consequences are likely to be parochialism, ignorance, border tensions, and ever more friction over resources. My fear though is that Australia, of all the developed modern democratic states, has set out down a path that could in extremis result in the country breaking apart. Let’s not beat about the bush (a more appropriate term for Australia than anywhere else). This is a country that already teeters on the brink of viability. Natural disasters have the potential to destroy large swathes of Australia’s agriculture on a permanent basis. The country has never developed industry to a level that could serve it properly, preferring to rely on selling natural resources to China to make into things that get sent back to Australia. The national infrastructure is ramshackle. It was already the case that the individual states are more interested in their own futures than the country’s. That’s especially evident in WA, marginalised by Australian national politics. Australia is to some extent only a nation in name. Western Australia, one of the least populous states, is also the largest. Apart from air travel, it is connected to the rest of Australia by a few scrappy roads, easily taken out by a single cyclone, and one railway. For years its colossal mineral resources have bankrolled the country’s wealth. That has caused no end of frustration to Western Australia which benefits less than most states from any federal handouts. Few Australians from the rest of the country ever bother with going to WA. There is little love lost between WA and the eastern states. There is therefore an incipient sense of nationalism in Western Australia. It’s no more than a conceit at the moment, but Covid is accelerating the sense of frustration. Only now is the federal Government getting it together with the vaccine rollout and desperately trying to roll back the terrible mess it’s made. The chaotic response exhibited until recently has not been Australia’s finest honour. The fiasco has ridden on the back of the zero-Covid fantasy, a Land-That-Might-Have-Been. I had this from a relative in Queensland, a senior academic in the university there: In the midst of all this, WA is no hotbed of freedom. The state (which has a huge ex-pat British population) has been as keen on lockdowns as any other (though it has had remarkably few lockdown days – about 12 compared to Victoria’s 160+). But as Delta has taken a foothold in Victoria and New South Wales, WA has battened down its hatches further. WA is essentially closed to the rest of the country, desperate to keep Covid out at any price and terrified of what might happen if it gets in. The individual states are asserting their autonomy and doing so with ever more strident bio-authoritarian measures, some buying deeper into zero-Covid. The destruction of individual freedoms in Australia and the epic speed with which that has happened has no parallel in the modern world in a modern democratic state. Yes, I know these have been hitherto widely welcomed by Australians, but you’d have to be spectacularly naïve to think that such support will necessarily be sustained. In 1943, Germany was full of people who fanatically supported the Nazis. Two years later the country was full of people shaking their heads and wondering what on Earth they’d been thinking. The other day James Delingpole and Toby made a podcast in which they discussed Australia. They focused on Dan Andrews, the Premier of Victoria, and wondered how such an ordinary person could have become such a leader passing one arbitrary measure after another and speaking furiously about anyone who dares to challenge him. The prohibition in Victoria on mask lifting to consume alcohol has plumbed new depths, but it was only to be expected. Resorting to increasingly puerile rules is a characteristic of a beleaguered authoritarian regime and marks the point where punishing the people and hurling abuse at them for their treachery and failings is the last resort. It’s straight out of the totalitarian leader’s textbook and is a sign of desperation. One gathering Andrews was spitting blood about was an Orthodox Jewish engagement party. Last year I read a piece about some Orthodox Jews in New York whose views were very clearly expressed. If the choice was between following their way of life or being criminalised, they would choose the former even if it meant death. It takes a certain amount of political acumen, wisdom, knowledge, and experience to understand that. It’s a cultural lesson Dan Andrews has yet to learn. In all seriousness, it is my belief that if Australia and its states continue down this path they are already only a short distance from one or other of the administrations seeking to detain without trial, and even suspend elections ‘until the crisis is over’. This is no indulgent and silly warning produced by my overactive imagination. This is what happens in authoritarian states. Over and over again. The police in Victoria are already using protests to legitimate the severity of their own response. I’m not going to justify violence on anyone’s part, but the emergence of violent protests and the violent suppression of protests is an inevitable outcome of protracted limitations on personal freedoms. Even so, they mask what is probably far more widespread subversion. There are three possible outcomes: the crisis abates, the violence subsides and Australia goes back to normal, or the state succeeds in ramping up its controls to far more drastic levels and terrorising the population into acquiescence, or, in response to the suppression, the violence escalates to a far more serious and potentially fatal level in one city or another, attracting wider support and tipping towards the point of popular revolt. Right now in Australia Covid is starting to drift out of control. The reality that Delta cannot be restrained without turning every house into a prison cell is just starting to sink in. It means the core justification of the measures, the utopia of zero-Covid, cannot be attained. Ever. In the meantime at the very least WA is on a path that, if the crisis doesn’t fade, could one day lead to a secessionist movement. If that sounds ludicrous, you only need to consider the SNP’s secessionist dream, openly espoused and given huge momentum by capitalising on Covid. As a WA friend has just said to me: “We’ve never mattered over here.” When it comes to national elections all the votes are in Victoria and New South Wales. Western Australia is now proudly seeing itself as ‘Fortress WA’. Even compassionate reasons to cross the border from the east are disregarded, though needless to say politicians can move around freely. The tension is rising with the other states, but the premier Mark McGowan is sticking to his guns because as far as he is concerned life is normal in his state – if you can call life ‘normal’ in a place you cannot leave. There’s a lurking fear that the clock is ticking with Delta, but right now WA seems content to make hay while the sun shines, locked away in a paradise cut off from the rest of the world (and some of WA is a paradise, believe me). The economy is doing just fine – apparently. And most of the voters are on message. “The Covid situation seems to have enhanced that sense of Western Australia doing it itself and going its own way,” says University of Western Australia Social Demographer Amanda Davies. There’s a subtext though. WA’s hospitals are already in crisis. A Covid outbreak could cripple the system. WA’s stance and the mess elsewhere in Australia under the oppressive controls on movement and protest are leading to a pivotal moment in the nation’s history and with implications for the rest of the world. I make no prediction about what will happen. What I do know about authoritarian states is that, unless checked, they eventually become even more ruthlessly authoritarian, aided and abetted by part of their terrorised populations, or they collapse and their leaders end up either vilified, in prison, or at worst executed. Ultimately they always collapse. It’s only a question of time and Australia’s clock is ticking. Is change afoot? Gideon Rozner, an Australian at the Institute of Public Affairs, insisted in his piece in the Telegraph: “We Australians are sick of the zero-Covid delusion and the country’s ‘epidemiological time warp’.” The latest news is that Qantas is wheeling its A380s out of storage and cranking them up for a restart in December for flights to the U.S. and the U.K. The Chief Executive Alan Joyce says: “Public sentiment is changing dramatically. People are saying ‘we need to have a path out of Covid, a path back to our pre-Covid lives’.” Is he right? I certainly hope so, but Alan Joyce is really talking about the eastern states. WA for the moment is reading from another script. The stakes have never been higher, and especially for Australia as a country which it has only been since 1901. Here we see enshrined the potential fallout of Covid and the ruinous attempts to control it, as divergent interests and different priorities take over, whether in Australia or countless other places. It falls to only a few years to be turning points in world history. 2020 is going to be one of them but all bets should be off for now when it comes to the shape of things to come.

So if it could do that time with that run in NZ would it win races?

Do you consider that to be an average run?

Brent Crude back to $72.23 today.

All good stuff @nomates Sweden followed the WHO approved pandemic management plan and it worked. Average mortality age unchanged. Age adjusted excess deaths 1% above 5yr average. Primary schools never closed and physical and mental health of children maintained. Higher schools and Universities only closed for 3 months. Businesses remained open. High level of natural immunity which appears to have helped keep deaths down to an average of close to zero for last two months during Delta emergence. All done without lockdowns and mask mandates.

But they haven't locked down. Their children didn't stop going to school.

Sweden has had 14,600 Covid-19 deaths over the 20 months of the pandemic. Average mortality age higher than normal mortality age.

Had an argument with the bus driver today. I asked why he wasn't wearing a mask - he said he had an exemption. I then pointed out to him that if he had health issues that prevented him from wearing a mask how was he well enough to drive a bus? Not that I don't agree masks are a nonsense anyway. If they are so effective why do my glasses fog up?

I guess that is $2.4 billion well spent over 10 days - and more to come. Let's see how many ICU beds would that buy? I know it's 2.4 times our Pharmac bill.

So what are your measures of success?

So hospitalisations are at 19 out of 347 or 5.5%.

Just thought of another one. Bonham - now in Tony Golan's stable.

Rapid Response: Inviting the Adolescent aged 12-17 cohort for Covid-19 immunisation: The Need for some Patience. Dear Editor By reserving it for vulnerable children the UK is showing some restraint in rolling out Covid-19 vaccination in the adolescent group. (1) We can only approve of such prudence and fully agree with the previously published statements of Dominique Wilkinson et al. (2) In addition we have some more considerations in this discussion about study requirements and side effects, particularly still unknown long-term ones. The Health Council of The Netherlands decided to start offering Covid-19 vaccine to vulnerable sections in the group 12-17 years (or vaccinating direct family/caregivers around if vaccination is contraindicated) remarkable swiftly after EMA’s (European Medicines Agency’s green light and the Minister of Health's advice of 9th June to do so. (3) On 29th June the RIVM (National Institute of Public Health and the Environment) decided to offer an mRNA vaccine to the complete age group. (4) Many countries such as Belgium, Denmark, Finland, Austria, Portugal only offer this to 16- and 17-year-olds. The Covid-19 pandemic emergency pushed the expeditiously developed vaccines unprecedently fast through several national approval processes. Priority was understandably given to the vulnerable in the population. The impact of Covid-19 on the health of young people was until recently not seen as a real issue and as a result they were left untouched in the immunisation strategy. Park et al. and others however already had reported that this group, without being ill, is to be considered having a major role in transmission to families and relatives. (5) They highlighted that household transmission of SARS-CoV-2 was high if the index patient was 10–19 years of age. The Comirnaty (Pfizer-BioNTech) and Spikevax (Moderna) vaccines are recently accepted by EMA for use from 12 years old. Expected direct health benefits are prevention of MIS-C (Multisystem Inflammatory Syndrome in Children) and long Covid and indirect benefits less virus circulation in the age group 12–17-year-old. According to modelling by RIVM, this strategy will possibly also help to block a new wave. Expected side effects of the jab such as myocarditis, pericarditis are under review by EMA and others. According to some policymakers in the Netherlands, an additional benefit to expect from vaccinating this new adolescent group is a contribution to herd immunity as some older age cohorts see too many refusals. Parents and caregivers to 12–16 year olds are approaching Specialists in the fields of Travel Medicine, Infectious Diseases, Global Health and Tropical Medicine, seeking answers about the need and safety aspects of the proposed Sars-Cov-2 vaccines. Until sufficient good trials with control groups are available, we tend to err on the side of caution in our recommendations. However, we do need to stay alert to the pathology displayed by increased virulence of the virus such as now with the delta and lambda variants, follow the data from genomic surveillance and respond quickly if needed as William Hanage and others advocate. (6) In analogy with vaccines such as Hepatitis A and B which have junior reduced doses that proved superior in antibody response to the full adult dose, trials with lower doses or already available vaccines which are “too weak” for adults could be set up in the 12-16 year old group. If adolescents get in contact at school or home with a Covid positive, we could offer testing them for Sars-Cov-2 IgG -antibodies. It would save 1 vaccine for each positive we find as ECDC (European Centre of Disease Control), RIVM and others consider the immune response with 1 vaccination in people with IgG antibodies equal to that after two vaccinations. (7)(8) This is written in the Dutch vaccination passport. Opponents of this strategy state that cost-benefit analysis was a reason not to include this in the guidelines. The price of IgG testing however can be less expensive than some popular Covid vaccines. In this way we could save vaccines and donate them to one of the countries with a Covid-vaccine score under 2 per 100 inhabitants as listed in One World data collection. (9) (10) Expeditious global vaccine rollout to the vulnerable would be in everyone’s interest as it would avoid vaccine resistant mutant reservoirs. 1. Mahase E. Covid-19: Vulnerable children aged 12-15 will be offered Pfizer vaccine, UK announces. BMJ. 2021;374:n1841. Published 2021 Jul 20. doi:10.1136/bmj.n1841 2. Wilkinson D, Finlay I, Pollard AJ, Forsberg L, Skelton A. Should we delay covid-19 vaccination in children? BMJ. 2021;374:n1687. Published 2021 Jul 8. doi:10.1136/bmj.n1687 3. Vaccinatie van kinderen met een medisch risico en ringvaccinatie (Vaccination of children with a health risk and ring vaccination.) Health Council of the Netherlands 09-06-2021 https://www.gezondheidsraad.nl/documenten/adviezen/2021/06/09/vaccinatie... 4. Vaccinatie tegen COVID-19 beschikbaar stellen voor alle 12- tot en met 17-jarigen (Making COVID-19 vaccination available for all 12- to 17-year-old.) Health Council of the Netherlands 29-06-2021 https://www.gezondheidsraad.nl/actueel/nieuws/2021/06/29/vaccinatie-tege... 5. Park YJ, Choe YJ, Park O, et al. Contact Tracing during Coronavirus Disease Outbreak, South Korea, 2020. Emerg Infect Dis. 2020;26(10):2465-2468. doi:10.3201/eid2610.201315 6. Karin Feldsher. The danger of the Delta variant (interview with William Hanage) July 8, 2021 https://www.hsph.harvard.edu/news/features/the-danger-of-the-delta-variant/ 7. Partial COVID-19 vaccination, vaccination following SARS-CoV-2 infection and heterologous vaccination schedule: summary of evidence. ECDC 20 July 2021; https://www.ecdc.europa.eu/sites/default/files/documents/Partial%20COVID... 8. Met één vaccin al beschermd na doorgemaakte Covid-infectie. (With one vaccine protected after having gone through Covid-infection) Dutch Central Government 04-06-2021 https://www.rijksoverheid.nl/actueel/nieuws/2021/06/04/met-een-vaccin-al...

It is insane. No mention in the whole presser about the number of hospitalisations or deaths. I wonder why? Oh that's right because there haven't been any deaths from this cluster!!! It will be interesting to hear the stories of those that have had Covid-19 not the social media "influencers" making money out of being "Long Covid'ers" but your average person who got Covid-19 and fully recovered.

Group 1 RacingJockeysStewards Revealed: estranged partner alerted stewards to Kah, Melham Covid scandal Jamie Kah returns to the mounting yard after winning the BECK Probuild Quezette Stakes at Caulfield Racecourse on August 14, 2021 in Caulfield, Australia. (Pat Scala/Racing Photos via Getty Images) By Gilbert Gardiner 12:16pm • 27 August 2021 15 Comments An estranged partner of one of the jockeys at the rogue Mornington house party on Wednesday night alerted Racing Victoria stewards to the illegal gathering, it can be revealed. The state’s premier jockey Jamie Kah is among four riders sensationally stood down by Racing Victoria late on Thursday night in relation to a rogue Mornington house party on Wednesday night. On Friday, police issued six $5452 fines in relation to the incident. Group 1 star Ben Melham, Ethan Brown and talented apprentice Celine Gaudray, along with Kah, cannot ride for the next 14 days after attending the Airbnb past the 9pm greater Melbourne curfew. The jockeys, who defied the State Government “stay at home directions”, were at the short-stay rental with two other non-licensed people. Stewards have launched an inquiry into the alleged illegal gathering, which was in breach of not only current racing regulations, but also and more importantly the State Government orders. In a statement on Friday morning, police said: “Officers were called to the property on Tallis Drive following reports of a noise complaint about 11.50pm.” “Upon arrival officers located six people inside, all allegedly outside their 5km radius and in breach of curfew,” they said. “All have been issued with a $5452 infringement notice for breaching Chief Health Officer directions.” News Corp Australia has chosen not to name the estranged partner of one of the jockeys who alerted the gathering to stewards. RV chief medical officer Gary Zimmerman rubber-stamped the 14-day stand down on Thursday night, which results in Kah and Melham losing the rides on Group 1 Memsie Stakes favourite Behemoth and Beau Rossa respectively. Kah was also due to ride boom galloper Ayrton in the last race at Caulfield on Saturday. RV chief executive Giles Thompson slammed the quartet’s behaviour. “The alleged behaviour of these four jockeys is a slap in the face to every member of the racing industry that has worked incredibly hard to protect the sport and the community while continuing to race since Covid restrictions were first introduced in March 2020,” Thompson said. “These individuals could have put at risk the very continuance of our sport and also blatantly disregarded the broader community implications through their selfish and thoughtless actions. “The stewards have elected to lay significant charges against these individuals, which is appropriate given the potential impact their actions could have had on community safety, the livelihoods of the 25,000 Victorian jobs supported by racing and the welfare of the horses who rely on the daily care and exercise the industry provides. Ben Melham misses the ride on Beau Rossa in the Memsie Stakes this weekend. “To see all of that potentially thrown away by the reckless behaviour of a small few is incredibly disappointing and far from what is expected of our industry participants. “While these actions do not reflect the majority, I want to make it extremely clear to all industry participants of the critical need to abide all industry and Government directives, especially as we enter the Spring Racing Carnival period. “Thank you to those that continue to do the right thing by the industry at all times and I hope this serves as a firm reminder of how fortunate we are to continue racing and the importance of adhering to the protocols.” The jockeys will be stood down at least until September 9. Stewards adjourned the inquiry to 9.30am Friday. Racing Victoria confirmed the inquiry will be held behind closed doors. The “sensitive” nature of evidence already given to Stewards is behind the in-camera proceedings. The jockeys and any representatives will join the phone hook-up with Stewards from 9.30am. Victorian Racing Minister Martin Pakula said: “These allegations are beyond disappointing – they’re actually mind-boggling. “We all need to do our bit to get infections down so that we can open businesses and schools and get crowds back to events – including the spring carnival – and industry participants should be setting an example. To think that some would, instead, put all of that at risk is just infuriating.” Private gatherings for persons otherwise living with one another are prohibited in Victoria. Kah’s manager James Henderson was contacted for comment on Thursday night. Read all news by Gilbert Gardiner

So why haven't we in the last 18 months fixed those stress points? Which I note are stress points every year even without a pandemic.

I did.

Top NZ horses recently sent across the ditch: Probabeel Entriviere Sword of State Atishu Quick Thinker Aegon Are there others that you can think of? Quick Thinker Race 7 Rosehill @Kembla Grange Probabeel in tomorrow at Caulfield https://www.racenet.com.au/form-guide/horse-racing/caulfield-20210828/ww-cockram-stakes-race-6 Aegon races at Caulfield Saturday in the Memsie Stakes - big race Grp 1 average rating of about 110! https://www.racenet.com.au/form-guide/horse-racing/caulfield-20210828/moat-chandon-memsie-stakes-race-8

Will the Cambridge Synthetic race form hold up at Pakenham Synthetic today - Race 5 Horse 5 Border Leicester trained by Emma-Lee and David Browne. Craig Newitt the jock. Won a 2000m race at Cambridge on 16 June 2021.

Pakenham (Synthetic) - 8 races - total stakes NZD$336,600 Gold Coast - 8 races - total stakes NZD$402,000 Taree - 8 races - total stakes NZD$219,700 Gosford - 8 races - total stakes NZD$304,000 Alice Springs - 5 races - total stakes NZD$89,100 TOTAL Stake on offer: NZD$1,351,400

You must be enjoying the totalitarian state that we now live in.

The Pzifer vaccine does NOT contain GRAPHENE @Brodie

Non Raceday Inquiry – Decision dated 19 August 2021 – Trent John Yesberg ID: RIB4055 Respondent(s): Trent John Yesberg - Trainer Applicant: Simon John Irving, Racing Investigator Adjudicators: Russell McKenzie and Liana Yong Persons Present: Mr Simon Irving (the Informant), Mr Trent Yesberg (the Respondent) and Mr Paul Yesberg (Lay Advocate for the Respondent) Information Number: A15804, A15805 Decision Type: Adjudicative Decision Charge: Failed to Present Horses Free of Prohibited Substances Rule(s): 1004A (2) and (4) Plea: Admitted Animal Name: REINIIMIN PATRON and ROCKIN DIVA Hearing Date: 07/08/2021 Hearing Location: Riccarton Park, Christchurch Outcome: Proved Penalty: Trainer Trent Yesberg is fined the sum of $3,500 [1] THE CHARGES: Information A15804: The Information alleges that on 6th July at Ashburton the Respondent, as the Registered Trainer and person in charge of the horse REINIMIN PATRON presented that horse at the Mid Canterbury TOA trials for the purpose of engaging in and did engage in Race 3, Mobile Pace (R43 and faster), and failed to present that horse free of prohibited substances namely, Phenylbutazone, Oxyphenbutazone, Ketoprofen and Furosemide. Information A15805: The Information alleges that on 6th July at Ashburton the Respondent, as the Registered Trainer and person in charge of the horse ROCKNROLL DIVA presented that horse at the Mid Canterbury TOA trials for the purpose of engaging in and did engage in Race 5, Non-Winners Pace, and failed to present that horse free of prohibited substances namely, Phenylbutazone, Oxyphenbutazone and Ketoprofen. Mr Irving presented an Authority to Charge dated 28th July 2021, pursuant to Rule 1108 (2) of the New Zealand Rules of Harness Racing, signed by Mr Mike Clement, Chief Executive of the Racing Integrity Board. [2] PLEA: The Charges and Rules were read to the Respondent after which he confirmed that both charges were admitted. [3] THE RULES: Rule 1004A (2) provides: (2) A horse shall be presented for a race free of prohibited substances; (4) When a horse is presented to race in contravention of sub-rule (2) . . . the trainer of the horse commits a breach of these Rules. [4] SUMMARY OF FACTS: Mr Irving presented the following agreed Summary of Facts: 1.­­­­­­­­­­­­­­­­­­­ The Respondent, Trent John Yesberg, is a Licensed Public Trainer under the Rules of New Zealand Harness Racing. He is 30 years old and has held a Trainer’s Licence since 2015. 2. REINIMIN PATRON is a 5-y-o gelding and ROCKNROLL DIVA a 4-y-o mare, both trained by Mr Yesberg. 3. Both horses were presented to race by Mr Yesberg at the Mid Canterbury TOA Trials at Ashburton Raceway on Tuesday 6th July 2021, where blood testing was conducted by the RIB. Information A15804 4. A pre-race blood sample was taken from REININIM PATRON by veterinarian, Dr Donna Williamson, at 10.38am. The blood sample (#159169) was taken in the presence of Mr Yesberg. Information A15805 5. A pre-race blood sample was taken from ROCKNROLL DIVA by veterinarian, Dr Donna Williamson, at 10.42am. The blood sample (#159170) was taken in the presence of Mr Yesberg. 6. Both samples were sent to the New Zealand Racing Laboratory Service (NZRLS) who, on 15th July, issued certificates detailing Phenylbutazone, Oxyphenbutazone (a metabolite of Phenylbutazone) and Ketoprofen were detected in both samples. 7. Furosemide was also detected in the sample obtained from REINIMIN PATRON. 8. Phenylbutazone is a nonsteroidal anti-inflammatory drug and cyclooxygenase inhibitor. It is a potent pain reliever, antipyretic, and anti-inflammatory. In the horse, it is used commonly for lameness resulting from soft-tissue injury, muscle soreness, bone and joint problems, and laminitis. It has a variable withholding time of approximately 7 days. 9. Ketoprofen is a potent pain reliever, fever reducer and anti-inflammatory medication. It is often prescribed for soft tissue injury, bone and joint problems or laminitis. Ketoprofen is also prescribed to reduce or control fevers due to viral or bacterial infections. It has a recommended withholding time of 4.2 days. 10. Furosemide, used in racehorses as “Lasix”, is an anti-bleeding medication to prevent respiratory bleeding in horses running at high speed. It has a recommended withholding time of 3 days. 11. On 15th July, Mr Yesberg was interviewed at his property in Ohoka and informed of the positives. He took no issue with the testing process and admitted to treating both horses with “Bute” oral paste and an IV Ketoprofen injection for feet issues and to giving Lasix to REINIMIN PATRON to assist with managing its bleeding. 12. In explanation he stated that he regularly uses these products and knows their withholding times, but elected to trial the horses a day earlier than scheduled at Ashburton due to the projected inclement weather forecast for the Rangiora Trials the following day. 13. He also stated that both horses had issues with their feet. 14. The items detailed were located in Mr Yesberg’s medicine cabinet in his stables. 15. Mr Yesberg has been a Licensed Trainer for approximately six years. He has no previous breaches of the Prohibited Substance Rules. [5] PENALTY SUBMISSIONS OF INFORMANT: 1. The Respondent, Trent John Yesberg, is a Licensed Public Trainer under the New Zealand Rules of Harness Racing. He is 30 years old and has held a Trainer’s Licence since 2015. 2. He has admitted two breaches of the Rules in relation to racing REINIMIN PATRON and ROCKNROLL DIVA at the Ashburton Trials on 6th July 2021, while not free of prohibited substances. 3. The drugs concerned and the details of their administration are contained in the Summary of Facts which has been agreed. 4. A report from Mr Yesberg’s Veterinarian confirms that both horses were being treated with anti-inflammatories following re-shoeing and REINIMIN PATRON, as a suspected “chronic low-grade bleeder”, was also being treated with Lasix. 5. Entries in Mr Yesberg’s treatment diary detailed the following: REINIMIN PATRON – Bute 27,28,29,30th June; Ketoprofen 3 & 4th July; Lasix before work 4th July (Trial Wed) ROCKNROLL DIVA – Bute 26, 27, 28, 29th June; Ketoprofen after fast work Sunday, 4th July 15ml 6. The penalties which apply to this case are detailed under Rule 1004D: (1) A person who commits a breach of a rule in rules 1004A, 1004B, or 1004C shall be liable to: (a) a fine not exceeding $20,000.00; and (b) be disqualified or suspended from holding or obtaining a licence for any specific period not exceeding five years. (2) Any horse connected with a breach of the rule must be disqualified from the race and may in addition be disqualified for a period not exceeding five years. 7. Sentencing Principles – The four principles of sentencing can be summarised briefly: • Penalties are designed to punish the offender for his/her wrongdoing. They are not meant to be retributive in the sense that the punishment is disproportionate to the offence but the offender must be met with a punishment. • In a racing context, it is extremely important that a penalty has the effect of deterring others from committing similar offences. • A penalty should also reflect the disapproval of the JCA (now Racing Integrity Board) for the type of behaviour in question. • The need to rehabilitate the offender should be taken into account. The first three principals have relevance in this case. 8. Aggravating Factors – (i) Mr Yesberg treated both horses with a combination of anti-inflammatory / pain relief medication and one horse also with an anti-bleeding product. He stated that he knew the withholding time of each prohibited substance and yet elected to start the horses at the Ashburton trials with that knowledge. (ii) All previous similar cases as listed below have been positives for a single treatment / substance (note that Oxyphenbutazone is a metabolite of Phenylbutazone). On this occasion Mr Yesberg has administered two and three different medicines respectively which have a range of recommended withhold times from 3-8 days. (iii) The deliberate use of, in this case two, non-steroidal anti-inflammatories when racing may mask a horse’s injury and associated pain and therefore increase the risk of further injury to that horse and the drivers participating in the trial should the horse go amiss. Following the 2015 case of RIU v McDonald & Donaldson, the RIU were directed to increase its drug testing at trials. The Committee in that decision commented: The anti-inflammatory substance phenylbutazone would not be prohibited on race days or at trials if it were not the case that New Zealand Thoroughbred Racing has been persuaded by a substantial body of veterinary advice that the drug can affect the performance of a horse that is racing or taking part in trials. 9. Mitigating Factors – (a) Mr Yesberg has been cooperative throughout the RIB process and has admitted the charges at the first available opportunity. (b) Both horses swabbed clear in their first respective races following the trial, being the same day that Mr Yesberg was notified of the positives. (c) Mr Yesberg has no previous breaches of the Prohibited Substance Rules, having been training for six years. 10. The JCA (now RIB) Guidelines recommend a starting point of $8,000 for a first offence. Historical cases indicate that where the breach occurs in a trial and not a raceday, a reduction from the starting point is applied. The following cases may provide assistance and guidance regarding penalty: HARNESS • RIU v Barron (2018) – positive to Flunixin (NSAID) at a trial meeting. No source of the positive identified. $3000 fine and horse disqualified. The Committee commented that this was not a case of negligent or deliberate administration or poor timing and therefore B’s culpability was low. • HRNZ v Mackenzie (2012) – positive to Phenylbutazone at a qualifying trial. Defended. $2000 fine plus costs. • RIU v Vince (2021) – positive to Phenylbutazone and Oxyphenbutazone at a race meeting. The source of the positive was not identified but likely to be through contamination. $3,400 fine and the horse disqualified. THOROUGHBRED • RIU v Alexander (2020) – positive to Phenylbutazone and Oxyphenbutazone at a trial meeting. $2,400 fine and horse disqualified. The Committee commented that there was no evidence before it to suggest a deliberate intent to deceive or gain an advantage and that the administration was an honest mistake due to a communication breakdown between the training partners. • RIU v Pertab (2019) – positive to Meloxicam (NSAID) at a trial meeting. The source of the positive was not identified but likely to be through contamination. $3,000 fine and horse disqualified. • RIU v Lucock & Gillespie (2018) – positive to Meloxicam at a trial meeting. Admitted administration a few days prior to the trial. $2400 fine and horse disqualified. • RIU v Brick (2016) – positive to Phenylbutazone and Oxyphenbutazone at a trial meeting. $3,000 fine and horse disqualified. • RIU v Fraser-Campin & Campin (2016) –positive to Phenylbutazone and Oxyphenbutazone at a trial meeting. $3,000 fine and horse disqualified. While these cases all deal with a “single” positive, the Committee’s comment on penalty for two breaches in RIU v Towers (2015) may be of assistance: An approach in line with that adopted in McInerney supports the view that to impose a quantum for each breach, albeit resulting from the same on-going action – in this case Mr Towers unintentionally providing Clenbuterol on a regular basis – would result in a penalty that would be disproportionate and deemed excessive in the circumstances. The totality principle leads the Committee to ensure that the overall penalty is appropriate in the specific circumstances of Mr Towers’ offending. 11. Under Rule 1004D (2), REINIMIN PATRON and ROCKNROLL DIVA are required to be disqualified from their respective trials on 6 July. 12. Conclusion – When determining penalty, the RIB submit that the Committee have regard to the purpose of the proceedings, which include: to ensure the rules are complied with, to uphold and maintain the high standards expected of trainers relating to prohibited substances and to protect the other participants in racing and the betting public. The RIB submits that the two breaches can be dealt with by way of a monetary penalty. The RIB also submits that the culpability of Mr Yesberg is higher than in that of Barron and Alexander and therefore the appropriate penalty is a $5,000 fine. 13. The RIB is not seeking costs. [6] SUBMISSIONS OF THE RESPONDENT: Mr Yesberg produced written submissions which are summarised here: 1. The two horses were under veterinarian-supervised treatment. Mr Yesberg produced a report by Dr Sam Burrows BVSc BAgSc, of Rangiora Veterinary Centre. That report confirmed that both horses were under his care and being treated with anti-inflammatories in the form of Phenylbutazone and Ketoprofen following reshoeing for hoof balance and to ease the inflammation. Lasix (Furosemide) was dispensed for REINIMIN PATRON, which was described as “a chronic low grade bleeder”. 2. He was not intending to attend the Ashburton trials meeting, as there were trials scheduled for his home track, Rangiora, the following day, 7th July. The weather forecast for that day was “terrible” and he was concerned that the Rangiora trials would be cancelled. He made a “last-minute decision” to go to Ashburton. 3. Both horses raced the following week at Addington returning clear samples and both have subsequently been post-race swabbed, returning clear samples. Both horses have shown form in two subsequent starts (REINIMIN PATRON, two 3rds and ROCKNROLL DIVA, a 4th and a 3rd). 4. Mr Yesberg produced extracts from his training diary which set out details of treatment given to the horses and he submitted that these confirmed that, had the horses trialled at Rangiora on 7th July, they would have returned clear samples. 5. Mr Yesberg believed that, were he appearing before a Court of Law, he would be treated sympathetically and discharged without conviction. He submitted that his explanation for the breaches warranted similar treatment from this Committee. 6. He submitted that there was no pecuniary advantage to be gained at the trials and that it costs him more to go to the trials than to a race meeting. Neither horse was for sale and, therefore, there was no intent to “juice” them up to sell them. 7. Mr Yesberg expressed concern as to the harm to his reputation which would result in financial hardship and, he submitted, loss of horses from his stable. 8. In none of the cases, mentioned by the Informant in his submissions, were the horses under a veterinarian-supervised program. He made particular reference to the Alexander case in which a horse had been treated with “bute” the day before the trials by one partner without the knowledge of the other training partner (and being unaware that the other partner had entered the horse to trial). Each partner was fined $1,200 for what, the Judicial Committee accepted, was an unintentional breach of the rules. 9. The drugs were administered in accordance with a supervised program to test clear on 7th July and he “simply forgot about the ramifications of trialling them a day earlier”. 10. It was only after the bloods were taken that it occurred to him that he “may have cut things a bit fine”. If he had been attempting to “subvert” the Rules, Mr Yesberg submitted, when he heard that a Racing Investigator was on course doing blood testing, he could have “turned around and headed home”. [7] REASONS FOR PENALTY: 1. Mr Yesberg took two horses, trained by him, to the trials meeting at Ashburton on 6th July last. He explained that it had been his original intention to trial those two horses at his “local” meeting at Rangiora the following day but, noting that the weather forecast for the Rangiora trials was not good, raising the possibility that the trials might not be held, he made what he described as a “last minute decision” and took them to Ashburton. 2. Mr Yesberg had been treating both horses for foot problems and, in the case of REINIMIN PATRON, with Lasix for bleeding, under a program of treatment prescribed by his Veterinarian, Dr Burrows. He had calculated the required withholding periods based on the horses trialling at Rangiora on 7th July. Noting an unfavourable weather forecast for that date he, unwisely as it turned out, decided to change his plans and take the two horses to trial at Ashburton on 6th July. The difference of that one day, Mr Yesberg believed, was the reason for the horses returning positive tests to the prohibited substances the subject of these charges. In other words, had the horses raced at Rangiora on 7th July, as originally planned, and been blood-tested on that day, the samples would have been tested negative, he submitted. 3. He further stated that he “simply forgot about the ramifications of trialling them a day earlier” and that “it was only after the bloods were taken that it dawned on me that we may have cut things a bit fine”. 4. That explanation shows some naivety on Mr Yesberg’s part and the Committee has two observations to make regarding that explanation. Firstly, Mr Yesberg had left little margin for error in terms of the withholding times, based on the entries in his training diary. In his own words, he “cut things a bit fine”. Secondly, it is quite hard to believe that he did not advert to the possibility that it was risky to trial the horses a day earlier than planned, particularly since he was already “cutting things a bit fine” with withholding periods. We find that he was negligent as far as that second observation is concerned if he did, indeed, not consider the risks involved in flirting with the withholding periods. 5. Had Mr Yesberg exercised better judgement then, notwithstanding his belief that REINIMIN PATRON needed a trial before his next engagement at Addington on 15th July, he would have either waited to see whether the Rangiora trials meeting would be held (which the Committee notes it was) and, if not, then to dismiss any thoughts of trialling the horse that week. In the event, Mr Yesberg’s decision to go the Ashburton trials turned out to be the worst decision he could have made. Not only was that decision naïve, but also it was negligent. 6. It was submitted on behalf of Mr Yesberg that a discharge without conviction would be an appropriate outcome. That is not an option. The onus on Trainers to present horses to the races (or trials) free of prohibited substances is a very strict one requiring the utmost care to ensure that the onus is met and, if not, consequences must follow to apply the principles of sentencing as set out in para 7 of the informant’s penalty submissions and to uphold the integrity of harness racing. 7. The Penalty Guide starting point for a first presentation, mid-level offence is a fine of $8,000. Most fines for first presentation offences have been less, even much less, than that starting point. The Committee has considered the fact situations in a number of similar cases and the penalties imposed in those cases. The relevant cases are those which involved presenting a horse to a trials meeting and, in those cases, it is acknowledged that the penalty for presenting to a trials meeting should be on a lower scale than the penalty for presenting to a race meeting. The Alexander case is the most recent case in which this approach has been adopted, the Judicial Committee in that case adopting a starting point of $3,000 for a breach” at the lower end”. We agree that this is the appropriate approach and, therefore, we have adopted a starting point for penalty in this case of $5,000. The degree of culpability in the present case, we believe, is higher than in Alexander and, accordingly, we have adopted a higher starting point. 8. Turning to look at penalties imposed in earlier cases, in both the Harness and Standardbred Codes, and in particular those referred to us by the Informant in his penalty submissions, fines range between $2,000 and $3,400 but we note that the latter fine was in a case involving presenting to a race meeting. Mr Yesberg has submitted that the best guidance for this Committee is from the case of RIU v Alexander (2020) – see para 8 of the Respondents’ submissions – in which the Committee found “no evidence to suggest a deliberate intent to deceive or gain an advantage on the part of the Respondents” and that the breach was “nothing more than an honest mistake due to a communication breakdown between the training partners”. The training partnership was fined the sum of $2,400. 9. The Committee assesses the culpability of Mr Yesberg as being greater than in the Alexander case. We do not accept that Mr Yesberg has made an “honest mistake” but, rather, has been negligent in not giving thought to the effect on withholding periods of trialling the horses one day earlier than the date on the basis of which the withholding periods were calculated. Furthermore, some of the withholding periods seem to have been calculated with a quite fine margin for error. However, we do accept that there was no deliberate intent on Mr Yesberg’s part. 10. One matter to which the Committee has given earnest consideration is the approach to be adopted when considering that there are two breaches. In this regard, we have adopted the approach of the Judicial Committee in Towers (2015) – two breaches involving one horse – that to impose a penalty for each breach would result in a penalty that would be disproportionate and excessive in the circumstances. A totality approach to penalty is preferable in the present case involving, as it does, the facts relating to the two horses, REINIMIN PATRON and ROCKNROLL DIVA, involving for all intents and purposes one course of conduct and the same fact situation. We intend to adopt a totality approach. Essentially, Mr Yesberg is no more culpable because there are two horses involved. 11. Mr Yesberg has been licensed since the 2015 season when he took out a Licence to Train. He has held a Public Trainer’s Licence since the 2019 season. To the end of July 2021, he has had a total of 269 runners for 35 winners, 26 2nds and 29 3rds. Young people are the future of the Harness Racing Industry and Mr Yesberg is one of those. He is, clearly, a promising young Trainer and we do not wish to be responsible for driving him out of the Industry. We have noted his financial situation and the need for rehabilitation in fixing penalty. 12. Mitigating factors advanced by the informant are Mr Yesberg’s cooperation during the investigation of the charges and his admission of the breach, his previous good record and, finally, that both horses swabbed clear in their first races following the trials, being the same day that Mr Yesberg was notified of the swab results. Further, the Committee was impressed by his genuine remorse shown at the hearing of the charges, although it did seem to us that he may not have fully appreciated the seriousness of the charges. For these factors, Mr Yesberg is entitled to a discount from the starting point of $5,000 and we have fixed that discount at $1,500. 13. In determining an appropriate penalty, the Committee has had regard to the usual principles of sentencing – to hold Mr Yesberg accountable for his offending, to promote in him a sense of responsibility for and an acknowledgement of that offending and the need to denounce his conduct. We have also taken into account the need to deter others from committing the same or a similar breach. 14. It has been said many times that there is nothing more likely to bring down the integrity of the Racing Industry generally than the fact that horses perform at meetings (including trials meetings) when they have been administered a prohibited substance, in whatever circumstances, and it is the obligation of Adjudicative Committees to denounce and deter that practice. It is important for public confidence in the industry that horses race free of any prohibited substance [8] DISQUALIFICATION OF HORSES: 1. REINIMIN PATRON is disqualified from Race 3 (Mobile Pace R43 & faster) at the Mid Canterbury TOA trials meeting at Ashburton Raceway on 6th July 2021. 2. ROCKNROLL DIVA is disqualified from Race 5 (Non-Winners Pace) at the Mid Canterbury trials meeting at Ashburton Raceway on 6th July 2021. [9] COSTS: The hearing took place on a raceday and, accordingly, there will no order as to costs. [10] CONCLUSIONS: Mr Yesberg is fined the sum of $3,500. Decision Date: 19/08/2021 Publish Date: 25/08/2021

What do you mean "shouldn't throw stones"?