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Offline Arsenal

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« 2014-Dec-06, 08:30 PM Reply #25 »
Robert Craddock didn't mince words with his opinion piece on the Abbott appeal decision .....and whether or not an appeal is lodged by RQ Mr Abbott has to apply to have his license reinstated by the licensing committee which is entitled to take into account his suitability to hold a trainers licence.


http://www.couriermail.com.au/sport/superracing/harness-racing-justin-abbott-cheated-and-must-be-banned-writes-robert-craddock/story-fnii0n8s-1227146357660


 Craddock writes  "Somehow, breathtakingly, the Queensland Racing Disciplinary Board saw fit to knock down the five-year penalty to a time-already-served — nine months.

Extraordinary.

The bell-ringer was this quote from RDB chairman Brock Miller, which I had to read three times just to make sure is was as ridiculous as I thought it was the first time I saw it: “There is nothing to support the contention that the trainer has behaved in a way which was prejudicial or indeed detrimental to the industry,’’ he said.

That will do me.

If there has been a more nonsensical quote uttered by a racing official, it has slipped past me.

A trainer has backed his horses to lose but, according to Miller, has not behaved in a manner detrimental to the industry.

It would be interesting to know what Miller considers conduct detrimental to the industry.

Setting Albion Park on fire? Stealing a chilli sauce bowl from the nearby Breakfast Creek Hotel and sticking it up the horse’s nose?

The Abbott decision is so ridiculous it is almost funny."

Giddy Up


Offline Arsenal

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« 2014-Dec-11, 03:33 PM Reply #26 »
Chris Barsby Harness racing reporter in the CM reveals RQ is awaiting Counsel's advice on whether any right of appeal exists on the Justin Abbott decision...right of appeal is only on the narrow ground of an "Error of Law"........looks like it'll be a NFA case....although the question of re-licensing Mr Abbott is or will be a live issue.
Giddy Up :whistle:

Dave Fowler condemns the perverse RADB decision on his blog. :beer:

http://www.horseracingonly.com.au/racing-article.aspx?id=2286
« Last Edit: 2014-Dec-11, 06:30 PM by Arsenal »

Offline Arsenal

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« 2014-Dec-24, 07:07 PM Reply #27 »

Racing Queensland to appeal Abbott decision

Tuesday, December 23, 2014 1:52 PM

Racing Queensland (RQ) has lodged an application to appeal the decision of the Racing Disciplinary Board (RDB) in relation to harness racing trainer Justin Abbott.

Earlier this month, the RDB quashed a five-year disqualification for the Queensland trainer who admitted to backing his own horse to lose in races at Redcliffe and Albion Park in February and March 2014.

The RDB decision effectively reduced his penalty to nine months.

RQ General Manager of Stewarding and Integrity Operations, Wade Birch, said the decision was not in keeping with industry expectations.

“The penalty this conduct attracts must illustrate to sports fans and race participants that offences of this nature will not be tolerated,” Mr Birch said.

“For a trainer to derive a financial gain by placing a bet that is conditional on their horse being beaten has the potential to erode public confidence in the sport of racing.”

Mr Birch said it was regrettable that the RDB penalties imposed on Mr Abbott did not, in RQ’s view, reflect the severity of the trainer’s actions.

RQ is seeking to re-instate the original penalties imposed by the stewards.

Ends

For further information please contact Matt Johnston on 0438 733 738.

Interesting to see if the appeal is conducted on an error of law as was opined previously. Giddy up :whistle:

 

Offline Arsenal

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« 2015-May-13, 09:07 AM Reply #28 »
QACRIB appeal allowed following decision of QCAT in favour of appellant S Colahan a stablehand involved in an altercation with W Kenning a trainer at Townsville....decision set aside and matter referred back to QCAT.(


http://www.austlii.edu.au/au/cases/qld/QCATA/2015/46.html

The original decision which led to the above decision by Thomas J is hereunder.



http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2013-09-27-colahan-shane.pdf
« Last Edit: 2015-May-13, 07:08 PM by Arsenal »

Offline Arsenal

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« 2015-Jun-08, 09:03 AM Reply #29 »
Altercation between two related stable hands involved in a punch up on Cannon Park racecourse in Cairns both represented by former QACRIB member Barry Taylor had their 6 months DQ reduced to 3 months suspension. Unusual for a solicitor to represent both the victim and the attacker although in this case their defence  apparently presented no conflict....and had Barry not resigned his appointment on the all codes board he wouldn't have been able to appear for them....and only two members of the board the newly appointed chairman Brock Miller was absent.

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2015-05-11-davies-ashford.pdf

Giddy Up :beer:

Offline aro

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« 2015-Jun-23, 06:15 PM Reply #30 »
The decision to reduce a life time warning off to 10 years...whoa that's another doozie! Live baiter. Should be life. Bad luck he can't associate with other greyhound ppl. If RQ does not appeal it further, maybe the animal libbers should (although not much to appeal on in this one)

Get rid of this joke of an appeals board!

Offline Arsenal

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« 2015-Jun-23, 07:32 PM Reply #31 »
"This Board has seen the video evidence and has listened to all of the evidence submitted by both parties. It is not prepared to countenance a person convicted of interfering with live
animals for the purposes of sport and causing those live animals to become deceased during the course of that action to be visited with a penalty of nominal proportions. The previous penalties that had been imposed of up to 7 years were all some significant years
ago and in this current climate where cruelty to animals is regarded as a significant crime against the public and against humanity, it is not for this Board to tread lightly in imposing what must be a significant penalty either by way of deterrent or otherwise. This Board accepts that a life penalty is something that is not appropriate in the circumstances as they exist here. There is no doubt that Mr Chapman will suffer significantly in respect to his
association with his partner and his friends and more likely than not even after any penalty is
served, it is doubtful that he will ever be afforded the luxury of a further licence. That of course is not a matter for this Board but for the officials of the Racing Industry. In all the circumstances, the Board believes that a penalty of 10 years warning off would be
more than adequate in all of the circumstances to satisfy the perception of public indignation and public morality. To that end, the appeal is upheld and the penalty of 10 years warning off is substituted for that previously imposed by the stewards of Racing Queensland."


There is a right of appeal to QCAT should either party decide to exercise it.

Giddy Up. :beer:

Offline Arsenal

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« 2015-Jul-24, 09:25 AM Reply #32 »
Here's a decision upholding the appeal by greyhound trainer Craig Wright initially banned for life by RQ stewards he appealed on the severity of the penalty and was successful to the extent he's only out for 10 years. The learned board pontificating that ....... such a period of life is not likely to have any more of an effect by way of a deterrent nature on a participant than would a period of 10 years as suggested in the relevant legislation.(the 10year is a new GRA rule post this offence)

 http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/greyhound/2015-06-11-craig-wright.pdf

Giddy Up :beer:
« Last Edit: 2015-Jul-24, 09:28 AM by Arsenal »

Offline aro

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« 2015-Jul-24, 08:04 PM Reply #33 »
"Learned" board...to make such a decision isn't very 'learned' Imbeciles.
It would seem more than obvious that a life time penalty would be more of a deterrent than 10 years,
But like I've said before, RDB only wants to hand down minimum penalties.
Wait with intrepation for decisions on cobalt appeals. And the keyboard warriors will say 'what are the stewards doing?...Can't hold charges or penalties etc' BS.
Integrity is in the hands of these buffoons.

Offline Arsenal

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« 2015-Jul-30, 08:55 AM Reply #34 »
This is an interesting case trainer Clinton Garland sent out for 6 months on a positive but appeal allowed and a fine of $3K imposed...must admit I couldn't find any reason to disagree with the learned appeal tribunal's reasoning. :bulb:

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2015-05-28-clinton-garland.pdf

Giddy Up :beer:

Offline Arsenal

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« 2015-Jul-30, 09:40 AM Reply #35 »
Racing Queensland to appeal Abbott decision

Tuesday, December 23, 2014 1:52 PM

Racing Queensland (RQ) has lodged an application to appeal the decision of the Racing Disciplinary Board (RDB) in relation to harness racing trainer Justin Abbott.

Earlier this month, the RDB quashed a five-year disqualification for the Queensland trainer who admitted to backing his own horse to lose in races at Redcliffe and Albion Park in February and March 2014.

The RDB decision effectively reduced his penalty to nine months.

RQ General Manager of Stewarding and Integrity Operations, Wade Birch, said the decision was not in keeping with industry expectations.

“The penalty this conduct attracts must illustrate to sports fans and race participants that offences of this nature will not be tolerated,” Mr Birch said.

“For a trainer to derive a financial gain by placing a bet that is conditional on their horse being beaten has the potential to erode public confidence in the sport of racing.”

Mr Birch said it was regrettable that the RDB penalties imposed on Mr Abbott did not, in RQ’s view, reflect the severity of the trainer’s actions.

RQ is seeking to re-instate the original penalties imposed by the stewards.

Ends

For further information please contact Matt Johnston on 0438 733 738.

Interesting to see if the appeal is conducted on an error of law as was opined previously. Giddy up :whistle:

  


The appeal was heard and determined by QCAT......I haven't read it all only the conclusions.


http://www.austlii.edu.au/au/cases/qld/QCATA/2015/92.html

For those interested this is the decision appealed against.

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/harness/2014-11-07-justin-abbott.pdf

Giddy Up :beer:
« Last Edit: 2015-Jul-30, 09:41 AM by Arsenal »

Offline Arsenal

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« 2015-Aug-06, 07:49 AM Reply #36 »
This decision is worth reading concerns trainer John Thomas very ably represented by Darryl Strong who I presume is the DS a trainer in his own right and son of the old time great Athol Strong....the horse tested positive to Hyoscine......the conclusion was it wasn't doped by the trainer but the cause was either contaminated feed or weeds and crab grasses on which the horse grazed......the horse had been disqualified and prize  money forfeited...AR 178 gives the stewards a discretion to impose penalty which the learned board made clear...it's MAY not MUST.

 
 It is of course necessary for the members of this Board to be satisfied that if they were to avail themselves of the use of the meaning may impose a penalty they should be satisfied that there are reasonable grounds for doing so. This Board has heard evidence that Hyoscine was in endemic proportions not long prior to the instance in question and as a result the testing procedures were such as to persuade members of all the stewards panels not to impose conviction. In this circumstance there is the evidence that there was presentation of the horse with the substance in its system however all of the evidence provided by the appellant would indicate that at the relevant time there more likely than not was Hyoscine present in either the feed utilised in the stable or in the grasses and crab apple weeds upon which the horse grazed. It is the determination of this Board that the presentation of that substance was more likely than not as a result of that feed or grass material and not by anything done by the trainer in question.
The trainer has already been damaged by the disqualification of the horse and the failure by him and the owners of the horse to receive financial return as a result. That, in the opinion of this Board, is a sufficient penalty and the appeal is upheld both as to conviction and penalty imposed.
Further right



http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2015-04-21-john-thomas.pdf

Giddy Up :beer:
« Last Edit: 2015-Aug-06, 07:55 AM by Arsenal »

Offline Arsenal

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« 2015-Sep-22, 07:33 AM Reply #37 »
Darren Barbour a greyhound racing manager at the Brisbane Greyhound Racing Club was seconded by RQ to act as grader whilst the regular grader was away..... in that position he unnecessarily called for fresh nominations for a race which attracted two late entries one of which was owned by members of his family .....that dog was graded into a race at the expense of an original entry the owner of which complained leading to the stewards inquiry......Barber backed the family dog which won the race and after being charged was found guilty and disqualified for 12months...which also meant he would have lost his position at the BGRC....his appeal was upheld.

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/greyhound/2015-09-18-darren-barbour.pdf

Yesterday the CM printed a story "Outrage brewing over soft penalties" in which Brock Miller denied the appeals body is too lenient ..stats show that RDB has overturned or reduced 73% of cases under Miller former chair the late Bill Carter overturned 15 of 38 cases during his tenure while Miller's record shows 37 of 51 cases or 73% success for appellants. :o

Giddy Up :beer:

Offline Lert

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« 2015-Sep-22, 09:28 AM Reply #38 »
Darren Barbour a greyhound racing manager at the Brisbane Greyhound Racing Club was seconded by RQ to act as grader whilst the regular grader was away..... in that position he unnecessarily called for fresh nominations for a race which attracted two late entries one of which was owned by members of his family .....that dog was graded into a race at the expense of an original entry the owner of which complained leading to the stewards inquiry......Barber backed the family dog which won the race and after being charged was found guilty and disqualified for 12months...which also meant he would have lost his position at the BGRC....his appeal was upheld.

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/greyhound/2015-09-18-darren-barbour.pdf

Yesterday the CM printed a story "Outrage brewing over soft penalties" in which Brock Miller denied the appeals body is too lenient ..stats show that RDB has overturned or reduced 73% of cases under Miller former chair the late Bill Carter overturned 15 of 38 cases during his tenure while Miller's record shows 37 of 51 cases or 73% success for appellants. :o

Giddy Up :beer:
So the appeal board acknowledged that the guy was negligent as determined by the stewards.
But, they think that he is really a good old boy so to punish him would be harsh.
So they overturned the guilty verdict and let him off with a tut tut, unless he does the same thing again within 12 months, in which case he should be punished.
But, presumably, if he does it again after 12 months, he will be not guilty again.

And this appeal panel is not bringing the game into disrepute?
They really have no idea do they?

Offline Goldie Locks

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« 2015-Sep-22, 09:58 AM Reply #39 »
Dear oh dear oh dear oh!    :slaphead:

Offline Stan Still

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« 2015-Sep-22, 10:59 AM Reply #40 »
Could only happen in Queensland, seems like the police fraud case will also now be dropped. In regards to RQ i think I have seen better organizational strictures displayed by schools of mulett off shore at Kingscliff.

Offline Stan Still

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« 2015-Sep-22, 12:29 PM Reply #41 »
Given that the dogs "fixer" was exonerated on appeal, Danny Nikolic is an absolute certainty to get his licence to ride in Queensland if he appeals. There have been some disgraceful appeal decisions by this mob recently. There was the trotting driver who got off after holding a horse then backing another in a race, the cobalt routers got off and now a bloke who fixes a dog race to benefit himself and his family gets off on appeal and thereby quashes an already underway police fraud investigation. Can it get any worse in Queensland.

Offline Stan Still

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« 2015-Sep-28, 03:27 PM Reply #42 »
Not being of a legal mind, upset decisions in this industry elude me, I do know for a fact that O Oj Simpson was clearly guilty but got off, not sure who his legal mind was. Seems a bit similar in this case where D Barbour has clearly rigged the fields of a dog race to benefit himself and his immediate family. Not quite as lethal as Simpson's actions but nevethteless it was public fraud. But lo and behold he gets off on appeal. I strongly suggest that Wayne Bennett gets in touch as a matter of urgency with Barrie Taylor. If he could get this race fixer off then he will crush any likely suspension Justin Hodges might have coming his way.

Offline Arsenal

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« 2015-Sep-29, 04:12 PM Reply #43 »
Another victim of live baiting warned off but on appeal disqualified for 5 years in consideration of her assisting police in their investigations into other licensees with the promise of giving evidence when the cases come to court.

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/greyhound/2015-09-22-julie-edmondson.pdf

Giddy Up :beer:

Offline Arsenal

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« 2016-Feb-03, 07:30 PM Reply #44 »
Harness racing trainer Vicki Rasmussen convicted but not penalised ......horse tested positive to arsenic by chewing on wood treated with arsenic unbeknown to Ms Rasmussen.

 http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/harness/2015-12-22-vicki-rasmussen.pdf


Giddy Up :beer:

Offline Arsenal

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« 2016-Feb-04, 08:51 AM Reply #45 »
Greyhound trainer 76yo failure to provide care charge ....greyhound suffered a broken leg and was in pain for 48 hours before vet attention provided term of 2 years disqualification imposed by RQ stewards changed to 2 years suspension .

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/greyhound/2016-01-21-john-millen.pdf

Giddy Up :beer:

Another care charge for  greyhound trainer who self treated greyhound which suffered a partly severed tail in an accident 6 months disqualification overturned on appeal to suspension for time served .

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/greyhound/2015-12-10-john-white.pdf
« Last Edit: 2016-Feb-04, 08:57 AM by Arsenal »

Offline Stan Still

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« 2016-Feb-04, 09:02 AM Reply #46 »
If you thought the heads at Racing Queensland knew precious little about racing ditto applies to the stewards. This little gem could have ramifications to greyhound racing throughout Australia, except of course when racing administrators realise it happened in Queensland where anything is possible.
At the Albion Park meeting January 31 when the lids opened to start race 9 one dog had turned in the boxes and was facing the wrong way.  Since greyhound racing evolved an instance like this was just bad luck or bad management and the dog was regarded as a runner and all bets stood. BUT things have now changed according to RQ stewards.
Here is an excerpt of the stewards report for the race in question:
Race 9 – 4/5th Grade 395m
The ‘all clear’ was delayed to allow the stewards the opportunity to view the official patrol film in regards to whether or not CHEEKY CHANCE was denied a fair start.  After viewing the patrol film and taking evidence from Erin Cameron who boxed the greyhound, club’s official start Ms. Donna Hannigan and club official Callam Press who reported to the stewards that he observed CHEEKY CHANCE had turned in the boxes and was facing the wrong direction when the start was effected.  After considering the matter and acting under Rule 52 (2) stewards were of the view that CHEEKY CHANCE was prevented from participating on equal terms with other starters due to the  circumstances in positioning  of  the greyhound in the boxes and therefore declared it a ‘Non Starter” and ordered all bets placed on CHEEKY CHANCE to be refunded in full.

Here is the rule quoted by stewards, no mention of it being declared a non runner ?????

R52 Greyhound difficult to place in or turning in starting box
 (1) Where a greyhound turns in its starting box and does not, in the opinion of the Stewards, take a competitive part in the Event, it shall be required to complete a satisfactory trial before being eligible to compete further in or be nominated for any Event.
 (2) Where the Stewards declare a greyhound difficult to be placed in the starting box, the Stewards may order that the greyhound be placed in a starting box prior to other greyhounds in future Events, and shall cause the certificate of registration or weight record card of the greyhound to be endorsed accordingly or, where applicable, record such order in the relevant Controlling Body greyhound register, until such time the Stewards are satisfied that the greyhound is no longer difficult to be placed in a starting box and the endorsement removed.

So here we have Queensland stewards quoting a rule which has nothing to do with the basis of their decision to declare the dog a non runner and a late scratching.
What next can happen in this State ?????

Offline Deejayeff

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« 2016-Feb-04, 10:46 AM Reply #47 »
Yes wrong rule quoted but local Queensland rule allows stewards to declare a non runner.

So wrong rule quoted but permissable action by stewards under a local rule.

Offline Stan Still

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« 2016-Feb-04, 03:06 PM Reply #48 »
Yes DJF u r partly right but mostly wrong. There is a local rule and GRA Rule 56 (2) reproduced below which could be used to justify this decision. Both are reproduced below, but for centuries if a dog turns in the boxes it is regarded as a runner and not a late scratching where you get your bets refunded. There has been no changes to the rules which says if a dog turns in the boxes it is a non-runner. What I think has happened here is a cross code steward may have been put in charge and if it were a horse race then if a horse turns in the barrier (hardly likely) it has not been afforded a fair start and there would be argument that it could be a non-runner. So the only excuse for this blunder and another embarasment for RQ, who cares they are an everyday occurance, i that a cross code steward got the nod for this meeting. If it were a greyhound steward his/her knowledge of the rules is very limited. Sad part about the whole drama is that some TAB's listed the dog as a runner while otgers listed it as a late scratching. Could only happen in Queensland under a Labor Government. Perhaps it will have a review into the incident, it seems to review everything else without making a decision on anything.

LR16 Greyhound may be declared a non-runner If in the opinion of the Stewards a greyhound has, through an extraordinary circumstance, been prevented from being competitive, the Stewards may declare the greyhound to be a non-runner.

R56 No Race, false start and non-starter (1) Should there be an occurrence of any human intervention, mechanical or other defect, which has the effect of preventing an Event from being completed or there are other circumstances arising which warrant such action being taken, the Stewards may declare the Event to be a “False Start” or a "No Race". (2) (a) If in the opinion of the Stewards a greyhound has been prevented from participating on equal terms with other starters in the Event because of fault connected with the starting boxes or the circumstances of placing the greyhounds therein, the Stewards may declare the greyhound to be a “non-starter”. (amended – 01.01.12) (b) If, in the opinion of the Stewards, a greyhound, through an extraordinary circumstance, has had its chances in a race materially prejudiced, the Stewards may declare the greyhound to be a “non-starter”. (added – 01.01.12)

Offline Arsenal

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« 2016-Mar-08, 05:07 PM Reply #49 »
There are two more decisions of the RDB following the live baiting discovery one Peter Sykes successful in having his LIFE sentence reduced to time served the other Ron Ball had his appeal against conviction dismissed but penalty reduced from LIFE to 10 years.

  
http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/greyhound/2016-02-16-peter-sykes.pdf

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/greyhound/2016-03-03-ronald-ball.pdf

No costs orders in Sykes' case while RQ and Ball ordered to pay  their own.

Once the Racing Integrity Bill becomes law the RDB will be abolished and its functions will be undertaken by QCAT.....could be worse or better both have been responsible for some strange decisions.....just like the rest of the judicial system. :o


Giddy Up :beer:
« Last Edit: 2016-Mar-08, 05:10 PM by Arsenal »


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