Former Sky Channel presenter has ban reduced after welfare appeal

Former Sky Channel expert Chynna Marston and partner Alex Kean have had their horse welfare disqualifications reduced by the Racing NSW Appeal Panel, but will be banned from the sport for five years.

Kean faced seven horse welfare charges and Marston eight in 2023, which had originally resulted in disqualifications of six years and seven years, respectively, from the stewards.

The Appeals Panel heard the case de novo, or from the beginning, so the penalty imposed by stewards was not a starting point.

Kean and Marston were given the opportunity to make a written submission on appeal but didn’t, so the Panel used the facts in the case to reach a decision, in which cases of salmonella were found in the herd under the care of Kean and Marston.

Racing NSW stewards were represented by Oliver Jones, who submitted that the penalty should remain unchanged.

“We agree with the Stewards that the offending is objectively serious and involved multiple horses,” the Racing NSW Appeal Panel’s reasons read. “The welfare incidents did not appear to be isolated or technical breaches, but related to the “core obligations” imposed by the Rules to ensure the welfare of thoroughbreds through the provision of nutrition and welfare treatment.”

Kean and Marston were given directions from Racing NSW vets how to care for the horses in the lead-up to being charged by Racing NSW with the welfare offences.

The Appeal Panel stated horse welfare “must remain of paramount importance and any charges that related to compromised welfare ought to attract a penalty that reflect the need for general deterrence.”

It found that the appellants had only failed to provide veterinary treatment to three horses, not six, as stated in the original charge.

Marston had a charge of “failed to comply with Stewards’ requirement to provide Racing NSW access to a property” dismissed.

Kean and Marston’s original penalties were set aside and substituted with a five-year disqualification from September 6 2023, until September 6 2028.

The partial success of their appeal resulted in the return of the appeal deposit.