Chilcott convicted but discharged without penalty
Cambridge trainer Nicky Chilcott has been convicted on five charges but discharged without penalty, the judge rejecting any suggestion that she is a drugs cheat.
Chilcott had pleaded guilty to five charges laid under the Agricultural Compounds and Veterinary Medicines Act, in that she attempted to import, was in possession of, or knowingly used an agricultural compound contrary to the act’s provisions.
In his decision released yesterday, Judge David Ruth said he accepted that adverse publicity had impacted on Chilcott’s previous impeccable reputation.
Substantial errors in TV One’s coverage of the court case had been the subject of further submissions made by Chilcott’s counsel, Warren Scotter.
Judge Ruth said Chilcott was not a drug cheat in the way she had been portrayed. However he said this was not a case where a discharge without conviction should be granted.
His fear was that other trainers importing medicines may not have the passion nor the scruples obvious in Chilcott.
‘‘The harness racing industry would be rightly concerned that these practices might go unchecked.
‘‘A conviction and discharge will serve as a warning to others.’’
The judge said he could not treat the charges as being only technical. The act provided a clear, if not complex, statutory regime applicable to all who sought to import agricultural compounds.
Ignorance of the statutory requirements was no defence despite Chilcott denying any knowledge of the act even after receiving emails referring to ‘‘ACVM’’.
‘‘The rather simple response to that, of course, is if the applicant did not understand the meaning of those letters, she should have inquired. I think this aspect can be characterised best by wilful blindness.’’
The judge said he found Chilcott’s persistence in trying to import the various substances as an aggravating factor.
‘‘I go further and find there was a degree of guile involved.
‘‘I point to some of the emails where there are suggestions of fake labelling and some indications of knowledge that at least one of the substances she was trying to import was illegal.’’ Judge Ruth rejected Chilcott’s explanation that, for her, ‘‘illegal’’ simply meant the substance could not be used on raceday.
There was also a continuous course of action on Chilcott’s part, reflected by the number of charges she faced. Judge Ruth said he was satisfied Chilcott did not, and would not, endanger the safety of her horses by using substances that she thought would do them harm.
‘‘Nor would she endanger her licence and therefore her livelihood by using any substances on raceday in any way that might lead to her licence being revoked.’’
The judge said at the heart of Chilcott’s case was her concern over the future, given Harness Racing New Zealand had put on hold a review of her licence pending the outcome of the court case.
‘‘There is no evidence before me that the fact of convictions, if entered in this case, would act in themselves to disqualify the applicant from retaining her licence.
There is no doubt in my mind that all relevant matters would be taken into account by HRNZ, including the judgment.’’
Scotter said he believed the judge had gone as far as he properly could to influence the pending review.
Chilcott said she hoped people would now understand she had broken none of racing’s rules on prohibited substances.
‘‘I realise I made a mistake but I didn’t think I was doing anything wrong at the time. I wasn’t importing this stuff to cheat, only to save money. I was, and never will be, a drug cheat and the judgment has come back proving that.
‘‘That’s all I wanted. That was really important to me. I’ve been to hell and back with all the misrepresentations in the media and I’m stoked that my name has been cleared.’’
Scotter said he was pleased that justice had been done in court.
‘‘But I wish I could say the same about TV One and some print media who did not allow the truth to spoil a sensational, but illfounded, rumour.
‘‘The judgment is fair and balanced and Nicky has achieved what she most needed. After hearing all the evidence Judge Ruth was absolutely satisfied that Nicky is not a drugs cheat.
‘‘He has also acknowledged that certain media have wrongly damaged her impeccable reputation. It now remains to be seen what TV One will do to set the record straight.’’