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« 2017-Feb-01, 09:07 AM Reply #25 »
The appeals of Nathan Jack, Lisa Bartley, Mark Pitt and Amanda Turnbull regarding the decision of the Harness Racing Victoria Stewards to suspend their licenses with immediate effect will be heard by the RAD Board on Wednesday 8 February 2017 at 2.00 pm.

Racing Appeals & Disciplinary Board

Previously relevant post 14th Jan.

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« 2017-Feb-08, 06:07 PM Reply #26 »
Alleged Cobram race-fixers free to drive
Punters.com
By James Lamb  about an hour ago

  Nathan Jack is awaiting criminal charges relating to race-fixing  Image: Herald Sun

The Harness Racing Victoria RAD Board have today upheld appeals by the licensed participants at the centre of the alleged 'Cobram race-fixing scandal'.

The decision means that Nathan Jack, Lisa Bartley, Mark Pitt and Amanda Turnbull are free to train/drive while criminal charges relating to alleged race-fixing hang over them.

The four have been charged with engaging in conduct that corrupts a betting outcome and other related offences, stemming from a race at Cobram on June 22, 2015.

In November 2015, as a result of evidence detected, the HRV Integrity Department referred its investigation to the Sporting Integrity Intelligence Unit (SIIU) in order for a criminal investigation to be undertaken.   

The investigation focused on the training arrangements surrounding the winning horse Airbournemagic, the tactics adopted during the running of the race and the associated betting on the race.

Victoria Police made arrests during the Breeders Crown Super Sunday meeting at Melton on August 28 last year, leading to HRV imposing suspensions on Jack, Bartley, Pitt and Turnbull.

"In accordance with the provisions of AHRR 183, the HRV Stewards have directed the suspension of the licences of the four relevant participants, with immediate effect, for no longer than 3 months while the investigation continues," read a HRV statement released on September 9, 2016.

Their licences were reinstated following a decision by the HRV Racing and Disciplinary Board on September 14 last year.

On January 11 this year, the SIIU and Shepparton detectives officially charged Jack, Bartley, Pitt and Turnbull and summoned them to appear at Shepparton Magistrates' Court on February 20.

The four were asked to make submissions to HRV as to why they should be allowed to compete in harness racing while charges relating to race-fixing await hearing.

Today the HRV RAD Board decided to rule in favour of the four charged, lifting any restrictions on Jack, Bartley, Pitt and Turnbull.

"Criminal charges are now filed but must be weighed against the presumption of innocence," said a statement from the HRV RAD Board.

"It is reasonable to presume that the matters will not resolve at least until late in 2018 and possibly even well into 2019.

"This Board is not privy to the evidence in the police brief. The evidence provided is suggestive of a circumstantial case but one that is denied by the applicants," said the statement.

"Any suspension here approved will effectively ruin the livelihoods of the applicants. The need to ensure the integrity and reputation of harness racing is indeed a most important consideration.

"The public is sophisticated enough however to understand the difference between where charges are laid with the concomitant presumption of innocence and where charges are proven."
 
The RAD Board were satisfied that the integrity of the industry will not be harmed by the continued involvement of the four awaiting the outcome of charges.

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« 2017-Feb-08, 06:17 PM Reply #27 »
TRANSCRIPT OF PROCEEDINGS

RACING AND DISCIPLINARY BOARD

ANTHONY BURNS, Chairman

BRIAN COLLIS, Member

 

EXTRACT OF PROCEEDINGS

 

NATHAN JACK

BROCQ ROBERTSON

AMANDA TURNBULL

LISA BARTLEY

MARK PITT

 

DECISION

 

WEDNESDAY 8 FEBRUARY 2017

MR P CZARNOTA appeared on behalf of the HRV Stewards

MR D SHEALES appeared on behalf of MR JACK AND Mr ROBERTSON

MR S TOVEY appeared on behalf of MS TURNBULL

MR H COCKBURN appeared on behalf of MS BARTLEY AND MR PITT

...

This investigation commenced over 18 months ago and an earlier suspension and stay application was dealt with by this Board on 14 September 2016.

Four of the five applicants were recently charged with criminal offences pursuant to the betting outcome provisions of the Crimes Act. These are to be dealt with in the indictable stream and assuming a contest will be through to a committal then trial in the County Court. It is reasonable to presume that the matters will not resolve at least until late in 2018 and possibly even well into 2019.

The Stewards take the suspension action that they have taken in support of the integrity of the industry and its reputation in the eyes of the public.

The integrity of the industry is however a two way street. To have integrity the system must honour the principles of procedural fairness and natural justice towards its participants.

Criminal charges are now filed but must be weighed against the presumption of innocence.

As said in September 2016, by this Board, the fact that charges of themselves carries little weight, it is the evidence underlying those charges which is relevant. 

The applicants have not been charged by the Stewards under the Australian Rules of Harness Racing. As to the evidence that has been provided the authorities are clear that cogent and compelling reasons would need to be present to justify any suspension from an industry that provides the livelihood for these applicants. This Board is not privy to the evidence in the police brief. The evidence provided is suggestive of a circumstantial case but one that is denied by the applicants.

There are no certificates creating conclusive proofs here as there were in Demmler before VCAT, a citation of which is 2015 VCAT 648. That was a case against the Tribunal even in the face of conclusive proofs allowed a stay.

Any suspension here approved will effectively ruin the livelihoods of the applicants.

The need to ensure the integrity and reputation of harness racing is indeed a most important consideration.

The public is sophisticated enough however to understand the difference between where charges are laid with the concomitant presumption of innocence and where charges are proven.

Given the suspension here it may create unrecoverable consequences for the applicants. We are not satisfied that the need to protect the integrity of the industry outweighs the damage to the reputation and livelihood of these applicants. Indeed nor are we satisfied that the integrity of the industry will be harmed by the continued involvement of these applicants in the sport pending the outcome of charges.

Accordingly, the decision of the Stewards to suspend all the applicants is stayed.

 
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« 2017-May-31, 01:11 AM Reply #28 »
Was having dinner at the pub tonight after work and was watching Sky and the 1st race at Bendigo caught my attention.

The favourite misses the score up but catches up and doesn't seem to be inconvenienced.

Is driven a little bit hard at the start but not too aggressively. The stablemate drawn inside it is given a thrashing to get to the lead and later folds up. But the driver on the favourite elects to sit 3 deep for the first half of the race. Seems to miraculously get the one-one with a lap to go. Pulls out on the turn but the 3 deep stuff had told.

In fact the driver doesn't even try on it in the straight and it goes to the line under it's own speed with no attempt to drive it out.

Now all of this would be most uninteresting except for the fact that the favourite was $1.35 just before they jumped.

The replay is accessed on this page.

http://www.harness.org.au/video-replays.cfm

Will be very interested to read the stewards report when it is posted. Wondering if it had a flat tyre or some other explanation. If a $1.35 favourite went down under those circumstances in Thoroughbred racing there would be more than just a few questions asked. The backers of a favourite that short a price deserve some sort of explanation.

http://www.harness.org.au/stewards-reports-index.cfm

EDIT: Ladbrokes Flucs: 1.75, 1.45, 1.4, 1.45, 1.5

Commentator mentioned the $1.35 in the score up.

Winner was 20's out to 30's so there was nothing in the betting to suggest anything untoward. Would be nice to know if there was an explanation though.
« Last Edit: 2017-May-31, 01:20 AM by PoisonPen7 »

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« 2019-Feb-21, 12:28 PM Reply #29 »
The Cobram case involving Nathan Jack, Lisa Bartley & Mark Pitt since being posted previously has gone through the RADB which upheld the stewards decision to impose suspensions on the aforementioned ......the police took criminal charges to the Magistrates Court resulting in a 14 day hearing and a guilty verdict with the magistrate imposing significant fines on each of the defendants who appealled to the County Court and are awaiting their cases to be listed which is expected to be sometime next year.........they went to VCAT seeking that they be permitted to continue earning a living in the harness racing industry ......... despite the impressive pleadings by their counsel Damien Sheales the learned VCAT Deputy President Ian Proctor after balancing the interests of the appellants against the issue of integrity and public confidence in the harness racing industry decided to confirm the RADB decision.

Links to relevant material are hereunder:-

 https://www.harness.org.au/news/uploads/HRV%20RAD%20Board%20Appeal%20Decision%20-%2016%20NOV%2018.pdf

https://www.harness.org.au/media-room/news-article/?news_id=39052

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2018/1981.html


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