Cheating NSW horse trainer avoids jail

Margaret Scheikowski

A NSW horse trainer has been spared jail for his role in administering a potentially performance-enhancing substance to the 2013 Tamworth Cup winner.

Cody Glenn Morgan's horse, Prussian Secret, won by two lengths, but Acting Judge Colin Charteris said no-one could say whether it would have won without the drenching.

"But I am satisfied the performance was likely to have been enhanced on the day," he said in the District Court on Tuesday.

The 31-year-old was placed on an 18-month good-behaviour bond and ordered to do 200 hours of community service.

The judge found he was unlikely to reoffend, concluding he had "the potential to be a law-abiding citizen and a valuable asset to the racing industry".

Morgan and 51-year-old Robert James Clement were found guilty in June of engaging in conduct to corrupt the betting outcome of the race.

Morgan also was found guilty of using corrupt conduct information to bet on an event, namely that he knew the horse had been treated, before he placed a $100 each-way bet on the race.

He also was convicted of an offence relating to treating Prussian Secret before the Gunnedah Cup in May 2013.

The men were the first two people to be charged under NSW race-fixing laws and Morgan's three offences each carry a maximum penalty of 10 years in jail.

Intercepted phone calls between the pair showed they believed the drenching "did its job", the judge said.

"Indeed, they were so delighted they contemplated using it on other horses in the future."

Although the rules at the time banned such conduct within 24 hours before a race, three hours before the Tamworth Cup, Prussian Secret was given a substance through a tube from its nose to stomach.

The practice, usually involving a liquid containing bicarbonate of soda, can enhance performance by limiting fatigue and increasing endurance, the judge said.

Morgan has returned to training after serving a 15-month disqualification imposed by Racing NSW.

Clement will be sentenced for his role in the Tamworth Cup drenching at a later date.

He also has pleaded guilty to facilitating corrupt conduct in relation to a 2013 Tamworth harness race involving a driver agreeing to ensure the lead was given up to another horse.