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QRIC - Qld Gallops - Racehorse TALK

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Offline Arsenal

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« 2019-Oct-04, 09:26 PM Reply #550 »
Another couple of Directions Hearings at QCAT on Tuesday it's a public holiday Monday so a rest day for all concerned.

Darryl Gardiner v Queensland Racing Integrity Commission OCR239-18 Directions Hearing 08/10/2019 1:30 PM Hearing Room 5, 259 Queen St, Brisbane

William Bruce Elson v Queensland Racing Integrity Commission OCR020-19 Directions Hearing 08/10/2019 1:30 PM Hearing Room 5, 259 Queen St, Brisbane.

The Daily Law list for the District Court has a dozen or more names of persons listed for mention before Judge Dick on Tuesday...the one named Graham I assume is Shane Graham charged with match fixing over a trotting race at Albion Park .....the alleged co-conspiritors have both been acquitted ..... having followed the case and being aware of the evidence such as it is  IMO it would be a major injustice  if the Crown continues the prosecution against him.....the jury was discharged by the Judge when it couldn't agree  and the matter was relisted for 8 October...... Graham  has already paid a significant price having been suspended immediately the charge was laid and is understood to have been a truck driver for the period which is just short of two years.

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Offline Arsenal

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« 2019-Oct-06, 03:25 PM Reply #551 »
Stewards had an early night.....  although one incident in the Members  caught their attention ..more to come.

 “Stewards opened an inquiry into an incident that occurred in the Members area following the last race. After taking initial evidence, stewards adjourned the matter to a date to be fixed.”

Stewards inquired into the improved form of Bering Sea a long shot blew from $15 to $26 so apparently unfancied and no surprise other than it won it was well beaten at its two previous runs starting at $2.15 and $4 respectively never gave a yelp in either...ridden more aggressively yesty.
“RACE 5
BERING SEA – When questioned regarding the run, jockey R. Maloney stated that at its previous start over a mile the gelding was not suited by the pace of the race, however, had hit the line strongly. He added that he was able to make a run near the 600m, which suited the gelding, and the additional 200 metres of today’s event had also contributed to its performance”

https://www.racingqueensland.com.au/racing-and-results/full-calendar/thoroughbred/meeting/e%20fm/20191005 Race 5 Blew in the betting $26 SP

https://www.racingqueensland.com.au/racing-and-results/full-calendar/thoroughbred/meeting/ipsw/20190911 Race 7

Race 7: WWW.BRC.COM.AU BM85 H’CAP – 1600M
 
No mention of Magstock winning by a widening margin after  $31 at its  last run a respectable 4th beaten 1.8L in a CL6 1350 .... yesty in a BM 85 over 1600 the money was on in from $20 to $12...others more fancied got the blows ......you would think stewards would have noticed ...asked no questions maybe it was afternoon tea time.

Magstock second up has a good record 2 from 4 but not fancied first up on 25 Sept $31 ran 4th beaten 1.8L before yesty has not saluted at Eagle Farm.

Nothing to see here.

 
https://www.racingqueensland.com.au/racing-and-results/full-calendar/thoroughbred/meeting/doom/20190925 Race 8

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Offline Arsenal

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« 2019-Oct-07, 07:22 AM Reply #552 »
QCAT ruling under fire
NATHAN EXELBY
BEAUDESERT trainer Darlene Duryea is serving a 12-month disqualification for a cobalt irregularity after a point of law prevented her from having an appeal reopened before the Queensland Civil and Administrative Tribunal.

Duryea was disqualified by stewards for 12 months in May 2017 after the irregularity with her horse Dansu in December 2016, which she appealed against to QCAT.

Complicating the matter was the fact Duryea’s stables had been broken into the night before the positive sample being taken and that was the subject of a Queensland Police Service (QPS) investigation.

Duryea’s lawyer Anthony Miller said they had been waiting the outcome of that investigation to form some of the evidence for her appeal.

“Over the 15 months from May 2017 to August 2018 we filed affidavit material, liaised with QRIC, dealt with directions hearings with QCAT, where QCAT made an order on our request, until the QPS had completed its investigation, Darlene’s matter was adjourned,’’ Miller said. “QRIC were supportive of this.

“Then out of the blue on January 5, 2019 we received notice from QCAT that they had dismissed Darlene’s application and she was disqualified for 12 months.”

Miller said it subsequently came to light QCAT had made an order on December 5, 2018, that Duryea had to advise whether she was proceeding with the matter.

It is claimed that notification was sent to a dormant email address and that Duryea’s legal team was never made aware of the order.

“It came to light that QCAT had made an Order on 5 December 2018 which stated, strangely, that Darlene must respond to QCAT and advise whether she is proceeding with her matter by 14 December 2018 and if no response was received they would dismiss it,’’ Miller said. “The only problem was they neglected to send us the order.’’

After this came to light, a stay of the penalty was granted and an application was made to reopen the file.

It was submitted by Duryea that the decision to dismiss did not accord with the rules of natural justice, as she had not had a hearing “let alone a fair hearing”.

“QRIC then filed submissions stating the QCAT legislation doesn’t allow a matter to be reopened where an application has not been heard and decided by the tribunal,” Miller said. “And they were correct, they got us on a technicality. On August 16, 2019 QCAT made the order that the application could not be reopened.”

Integrity Commissioner Ross Barnett said the sequence of events was part of the QCAT process and not for the Commission to comment on. “I can confirm that QRIC opposed the reopening of the matter as a point of law but the final decision about the application was made by QCAT.’’

ENDS
As reported above Darleen's application for a reopening of the 12 months disqualification for a cobalt positive in May 2017 has been refused at QCAT ...............strange case of the missing communications but in the end the period of disqualification is well and truly over due to the time involved in bringing the matter to conclusion Darleen was originally disqualified for 12 months way back in May 2017 and has been operating on a stay of proceeedings ...she may have missed a bullet here instead of just mark on her report card no actual time served.......contrast this to the Darrell Graham case which took a lot longer but resulted in QCAT setting aside the QRIC disqualification of 15 months and imposing a suspension of 12 months from the date of decision...Darrell is now suspended for 12 months but would have served his time had QCAT just dismissed his appeal......the QCAT member Prof Ned Aughterson was the QCAT adjudicator in both cases......had he so decided he may have been persuaded to do to Darlene what he did to Graham.

https://archive.sclqld.org.au/qjudgment/2019/QCAT19-226.pdf

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Offline Arsenal

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« 2019-Oct-08, 07:17 PM Reply #553 »
Sunshine Coast track work riders stood down
A Queensland Racing Integrity Commission (QRIC) Integrity Investigations Team (IIT) track work operation at the Sunshine Coast Turf Club this morning has resulted in two track riders being stood down after screening positive in preliminary testing for prohibited substances cocaine and cannabis.

These preliminary samples will be sent to a laboratory for confirmatory analysis.

This morning’s operation involved the testing of 44 people including track work riders and jockeys.

IIT staff also identified one track rider who was unlicensed to ride and has been referred to the Stewards.
ENDS
Media contact :Vincene Overs 0472 842 346

Busy day for IIT staff up early and unwelcome attention for those caught in the net.

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Offline Arsenal

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« 2019-Oct-08, 07:37 PM Reply #554 »
This is a turn up Darrell Graham refused a licence to work as a stable hand or strapper ..there's nothing in the AHHR to prevent a suspended trainer /driver being licensed in another capacity unlike the ARB where a suspended trainer is not eligible to be licensed as a strapper ...Darrell copped it twice ...on a stay since 2015 after being disqualifed for 15 months over a positive swab he finally gets a decision on his appeal resulting in 12 months suspension which he is currently serving ..he would have been better off if the learned QCAT member Prof Aughterson had simply dismissed his appeal in which case he would be back in business.... the decision to issue a licence is a discretionary matter but in the absence of reasons in the internal review we are none the wiser as to the grounds on which the original decision and the subsequent confirmation at internal review were made.......possibly the fit and proper person test will get an airing if this goes to appeal......my understanding is that Darrell has an excellent record the Mafuta Vautin positive the only significant blemish on his othwerwise exemplary conduct. 

 https://qric.qld.gov.au/wp-content/uploads/2019/09/Darrel-Graham-IR0078-19.pdf


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« Last Edit: 2019-Oct-08, 08:02 PM by Arsenal »

Offline Arsenal

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« 2019-Oct-10, 03:24 PM Reply #555 »
TARRANT RETURNS AFTER BEING STOOD DOWN
Thursday 10 October, 2019
Mark Oberhardt
Jockey Luke Tarrant has seven rides at the Sunshine Coast and Eagle Farm as he returns to riding after been stood down two months ago.

Queensland stewards stood Tarrant down for an indefinite period after he faced a criminal court on drug charges in August.

He has been cleared to return this week under a strict set of conditions.

He has four rides at the Sunshine Coast on Friday night and three at Eagle Farm on Saturday.

One of his Eagle Farm rides is rising staying star Fighting Teo who is resuming after a last start third in the Ipswich Cup in June.

Trainer Kevin Kemp said Fighting Teo would have a relatively light summer carnival before coming back for the winter.

"There is a nice build-up in race distances for him in coming weeks," Kemp said.

"I think he might make a horse for the Queensland Cup or Sunshine Cup next year."

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« 2019-Oct-11, 03:47 PM Reply #556 »
https://qric.qld.gov.au/wp-content/uploads/2019/10/Stewards-Report-Todd-Allen-V2.0.pdf

Queensland Racing Integrity Commission (QRIC) Stewards today concluded an inquiry into a report from the analyst that a urine sample provided by trackwork rider Todd Allen at the Gold Coast Turf Club on 19 August 2019 contained 11-nor-delta-9-tetrahydrocannibol-9- carboxylic acid (Cannabis)
Subsequently, Mr Allen was suspended for three (3) months to commence on 19 August 2019, the day which he was stood down from riding, and to conclude at midnight 19 November 2019.
ENDS
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Offline Arsenal

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« 2019-Oct-15, 05:45 PM Reply #557 »
https://qric.qld.gov.au/wp-content/uploads/2019/10/AHERNS-Ben-Internal-Review-Decision.pdf

"Original decision of charge confirmed, Penalty amended to nine (9) months suspension, with three (3) months wholly suspended for a period of two (2) years."

Not a lot of information in the above link......Mr Ashby is keeping mum maybe he has RSI from too much typing  so now all we get is just the decision ...no information on the alleged breach apart from mentioning the rule 178.

If the current appeals process is to be made nore efficient and timely the first casualty should be to dump the Internal Review and establish a Racing Appeals Tribunal .

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Offline Arsenal

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« 2019-Oct-16, 06:32 PM Reply #558 »
Two more decisions Harry Richarson & Peter Fleming both dealt with under R178 positive.

Mt Ashby's Rubber stamp gets another workout confirming  the original decisions again absent reasons.


https://qric.qld.gov.au/wp-content/uploads/2019/10/HARRY-RICHARDSON-IR0081-19.pdf

https://qric.qld.gov.au/wp-content/uploads/2019/10/PETER-FLEMING-IR0083-19.pdf


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Offline Arsenal

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« 2019-Oct-18, 10:32 PM Reply #559 »
https://qric.qld.gov.au/wp-content/uploads/2019/10/BRAD-WITT-IR0084-19.pdf

Stewards decision confirmed DQ 12 months R139

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