Racing Appeal Board Decisions - Qld Gallops - Racehorse TALK
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Offline Arsenal

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« 2016-Apr-01, 08:54 AM Reply #50 »
Larry Cassidy wants to be a steward now his riding career is over...dipped his toe into the water as an advocate representing apprentice Michael Murphy and came up trumps...appeal upheld

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2016-03-01-michael-murphy.pdf


"His ride certainly resulted in the horse not being competitive. His explanation being that as he had been told by a Senior Jockey in the Jockeys’ room to snag the horse from the start, and he probably overreacted and done it a bit too much. Taking riding advice regarding a mount from other than the trainer is not wise, and the Board can appreciate that a youthful rider may be influenced by a senior rider.
In all the circumstances the Board is satisfied that the ride involved poor misjudgement, and was not of the expected standard, but being influenced to some degree by the inexperience of the rider, is not satisfied that the level of culpability is such that the serious charge can be sustained and we therefore uphold the Appeal."

Reference quoted involved the "blameworthy" explanation Damien Browne escaped on what was a shocker.



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« Last Edit: 2016-Apr-01, 08:59 AM by Arsenal »

Offline Arsenal

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« 2016-Apr-04, 05:12 PM Reply #51 »
Trainer Robert Bradshaw caught stomach tubing a horse within 24 hours of it racing...... disqualified but appeal upheld on grounds of natural justice being  denied with changes in stewards appearing during the 3 days of the inquiry ....stewards stuffed it up in other words......they ought to have known better. :o

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2016-03-08-robert-bradshaw.pdf

This Board finds that essentially the Stewards vitiated the enquiry process by: -
(a) Changing the composition of the panel at the Day 2 and Day 3 inquiries; and
(b) Exacerbating that matter by not informing the appellant and seeking his approval of the intended change in panel personnel.
In particular in relation to a member of the panel being added, who had not been present on the first day of the hearing of this appeal, which was in breach of the rules of natural justice.
This Board therefore upholds the appeal and remits Mr Bradshaw’s application for a stable hand’s licence to the Registrar pending resolution of the forfeiture element concerning this appeal.


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Offline aro

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« 2016-Apr-04, 10:14 PM Reply #52 »
Have a look at the Stewards that stuffed it up thou! Deputy Chairman of Stewards for Qld- D. Aurisch.
J. Williamson- senior steward who runs the Sunshine Coast.

These fellows have been around long enough to know better. If not, then time to get some new ones!

And IMO seeking approval of any change in panel would not suit the element of natural justice. Not all the persons on the panel have heard all the evidence. 

As unbelievable and absurd as RDB decisions have been, this one is 100% correct.

Watch the Murphy ride and read the decision ("ride not competitive", "poor misjudgement" "not of the expected standard") and tell me how inexperience saves him.

Offline Arsenal

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« 2016-Apr-20, 08:28 AM Reply #53 »
http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2014-03-18-damian-browne.pdf

This decision was posted under the Damian Browne thread due to the discussion at the time on the merits of his ride on Kingtantes ...a bad ride admitted by him ... his horse in the opinion of stewards should have run second instead of third had he taken a run when it presented...given time by the stewards under AR 135(b) but got out on appeal ......the learned appeal board opining it was an "error of judgment and not blameworthy"

Browne had the good sense to employ a brief from over the border with a nose for precedents which the appeal tribunal endorsed....appeal upheld.

On another occasion  the learned members dealt with Bobby El Issa for an improper riding charge.....AR 137 Bobby claimed provocation and self defence which might have succeeded had he been represented by someone more familiar with arguing points of law and coming up with some precedents...instead he represented hisself... appeal dismissed.
This decision was also posted under his own thread but is just as relevant in the Appeals thread....I'll try to be more careful in future. :bye:


http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2013-10-03-el-issa-01.pdf



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« Last Edit: 2016-Apr-20, 08:33 AM by Arsenal »

Offline Deejayeff

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« 2016-Apr-21, 12:19 PM Reply #54 »
While some appeal decisions have been downright bizarre, the d.Browne one was a no brainer.

I openly derided the stewards slapping  a charge on him and said he was a "million to one" of securing a penalty.

I was pilloried left right and centre when a suspension was handed down.

Fortunately D.Browne, myself and those with common sense had the last laugh.

On this occasion it was no crafty lawyer argument that secured the upheld result.

Offline Arsenal

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« 2016-Apr-21, 06:23 PM Reply #55 »
While some appeal decisions have been downright bizarre, the d.Browne one was a no brainer.

I openly derided the stewards slapping  a charge on him and said he was a "million to one" of securing a penalty.

I was pilloried left right and centre when a suspension was handed down.

Fortunately D.Browne, myself and those with common sense had the last laugh.

On this occasion it was no crafty lawyer argument that secured the upheld result.

Don't kid yourself Dave......without the precedents introduced by his brief he would most likely have finished second...where he probably would have run in the race had he taken the run when he should have. :bye:

Offline Arsenal

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« 2016-May-12, 09:12 AM Reply #56 »
This is an unusual case involving  a stablehand one  Glen Lobb employed by Bjorn Baker entering Alicia Willick's stables in company with a disqualified harness racing trainer Mike Kelly with  bottles of unlabelled substances (Kentucky Green) prepared by a NSW vet Mr Lloyd for the purposes of treating Diademe ...(Lobb claimed the bottles were for Ms Willick who denied this and the board preferred her evidence to that of the appellant) the gear was located outside Diademe's box  which was scratched by the stewards from Tatts Tiara last year ..the case was heard in October 2015 but the decision was made a few weeks ago...neither Ms Willick or Baker had any adverse findings but Lobb lost his appeal

http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2016-03-24-glen-lobb.pdf

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Offline Arsenal

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« 2016-Jun-13, 07:16 PM Reply #57 »
Clearing up outstanding decisions ......three now uplifted.

Ricky Vale a Rockhampton trainer blew up using abusive language to the stewards as a result the same panel opened an inquiry found him guilty and imposed a penalty of 18 months ...on appeal it was argued Vale was denied natural justice as the stewards subject to his abuse were biased and a separate panel should have heard and determined the charges....appeal allowed penalty reduced to 6 months to be suspended from the date of the RDB decision.

 http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2016-06-02-ricky-vale.pdf

The next case concerns three bookies at Yeppoon who were fined $100 each by the steward in charge for failing to display their prices within the prescribed time ........their appeals were upheld on the basis that they were denied natural justice by not being given the opportunity to put their case at a proper inquiry.......the steward was frustrated and imposed summary punishment instead of opening an inquiry...regrettably the learned RDB did not disclose what if any reasons the bookies might have had for being slow putting up the odds.......the steward won't make the same mistake twice.


http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2016-06-02-re-crow-rv-crow-v-aspinall.pdf


Finally the RDB's reasons for decision in upholding Skye Bogenhuber's appeal  for failing to give her mount the best possible chance on Weetwood day  have been uplifted.......in the end it came down to the precedent established by NSW legal eagle Tom Hughes QC in the Munce case  subsequently adopted  by the late Bill Carter QC and his fellow tribunal members in finding Damien Browne's ride on Kingtantes did not amount to blameworthy conduct...the tribunal in the instant case were satisfied the stewards had cause to act as they did but opined they were not comfortably satisfied that Bogenhuber was culpable as they were unable to read her mind....the stewards might need to take a crash course in mind reading themselves if they ever hope to make these charges stick in the future.....or they might consider looking the other way to avoid the hassles.
http://www.nprsr.qld.gov.au/racing/appeal-board-decisions/thoroughbred/2016-05-17-skye-bogenhuber.pdf

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« Last Edit: 2016-Jun-13, 07:18 PM by Arsenal »

Offline Arsenal

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« 2016-Jun-14, 02:14 PM Reply #58 »
From Just Horse Racing.com

Colless has suspension reduced on appeal


Brisbane jockey Glen Colless has lost an appeal against a suspension but has had his ban reduced from 17 days to 12.

Colless was outed after he was found guilty of causing interference in the concluding stages of the Group One BTC Cup on May 14 which he won on Malaguerra.

Stewards found Colless had allowed Malaguerra to shift in near the line causing tightening to Two Blue, Delectation and eventually Artlee who lost his rider Michael Cahill.

Colless, who rode through the winter carnival on a stay of proceedings, strongly defended the charge at Tuesday’s Racing Disciplinary Board hearing in Brisbane, arguing Jason Collett on Delectation had gone for a run inside Two Blue and outside Artlee at the 100m mark.

“He said Two Blue had shifted in which caused Delectation to be checked and move onto Artlee,” Colless said.

“I had no bearing on Two Blue moving in. Paul King on Two Blue kept riding because he didn’t realise there were two horses inside him, The accident started before I even got to it.

“There shouldn’t have been three horses inside me, there was room for two and as it happened behind me I wasn’t to know.”

Chief steward on the day, Martin Knibbs, said the panel had found Colless’ mount Malaguerra had shifted in from four horses off the fence at the 150m to one off at the finish line.

“It was enough to sustain the charge of interference,” he said.

RDB chairman Brock Miller said the panel had viewed the race film and also considered the evidence at length.

“Our view is slightly different to Mr Colless. We find his mount did move in over the final stages and therefore the charge was sustained,” he said.

Miller said the panel reduced the suspension because of Colless’ good record.
 


That's a turnup finding the charge proved but reducing the penalty.......watching the race it looked like Two Blue was the culprit...some thing better than nothing .
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Offline Arsenal

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« 2016-Jun-28, 01:24 PM Reply #59 »
From the horse's mouth so to speak......Internal review on the papers after the RDB disappears.

MY CALL - A MAJOR CHANGE TO THE APPEAL PROCESS

By David Fowler | Tuesday, June 28, 2016

David Fowler is the principal thoroughbred caller for Radio TAB. David, who is a keen form student and punter, has enjoyed a lifetime involvement in the racing media. His personal blog, ‘My Call’, appears exclusively on HRO.

There's no welcome mat at QRIC if you're unhappy with a decision.

Commissioner Ross Barnett confirmed that the "internal review" is not a mechanism for an applicant to appear personally.

To quote one of the principles, "there is no automatic right for a review applicant to appear and make submissions to the internal reviewer in person."

This is a major change to the previous appeal process to the Racing Disciplinary Board.

There is an opportunity for a personal appearance if new information is considered "compelling" to the reviewer.

The free appeal must be completed on a specified form.

Barnett clearly poured cold water on a personal appearance in his correspondence.

"To allow that to occur for very review would create needless delays in the process, add no value and cause an unnecessary waste of Commission resources"

Really!



Right of appeal to QCAT is still available ....no news as to who has or will be appointed as the Internal Review person ...someone with legal qualifications you would think......and while not mentioned in the post above all decisions would as a matter of course require reasons to be given ......let's see how it works......the RDB won't be missed IMO.

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Offline aro

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« 2016-Jun-29, 09:03 PM Reply #60 »
Funny how participants (fowler?) would worry about appeal process. Queensland needs a stronger proces.
Internal review system is going to be interesting.
Perhaps the applicant could provide written submissions for the reviewer.

My mail is reviewer is an ex-Vic. No legal qualifications though.

Let me know when Syd stewards last lost a. Appeal. And then the last time wld won 1 (worth winning). RDB & Brock Miller have been a hinderence to integrity in Qld. Good riddance.

Offline Arsenal

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« 2016-Jul-21, 06:00 PM Reply #61 »
Two decisions on jockey suspensions one up one down.

http://www.nprsr.qld.gov.au/racing/disciplinary-board-appeal-decisions.html


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Offline deepthroat

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« 2016-Jul-24, 03:11 AM Reply #62 »
From the horse's mouth so to speak......Internal review on the papers after the RDB disappears.

MY CALL - A MAJOR CHANGE TO THE APPEAL PROCESS

By David Fowler | Tuesday, June 28, 2016

David Fowler is the principal thoroughbred caller for Radio TAB. David, who is a keen form student and punter, has enjoyed a lifetime involvement in the racing media. His personal blog, ‘My Call’, appears exclusively on HRO.

There's no welcome mat at QRIC if you're unhappy with a decision.

Commissioner Ross Barnett confirmed that the "internal review" is not a mechanism for an applicant to appear personally.

To quote one of the principles, "there is no automatic right for a review applicant to appear and make submissions to the internal reviewer in person."

This is a major change to the previous appeal process to the Racing Disciplinary Board.

There is an opportunity for a personal appearance if new information is considered "compelling" to the reviewer.

The free appeal must be completed on a specified form.

Barnett clearly poured cold water on a personal appearance in his correspondence.

"To allow that to occur for very review would create needless delays in the process, add no value and cause an unnecessary waste of Commission resources"

Really!



Right of appeal to QCAT is still available ....no news as to who has or will be appointed as the Internal Review person ...someone with legal qualifications you would think......and while not mentioned in the post above all decisions would as a matter of course require reasons to be given ......let's see how it works......the RDB won't be missed IMO.

Giddy Up :beer:


This new 'reviewer' isn't former RV compliance team head Kane Ashby is it??

Offline sobig

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« 2016-Jul-24, 03:05 PM Reply #63 »
This new 'reviewer' isn't former RV compliance team head Kane Ashby is it??

Yes it is

Offline Arsenal

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« 2016-Jul-24, 06:55 PM Reply #64 »
According to Nathan Exelby in today's SM the internal reviewer has started off dismissing the first two applications .......no names or details.....apart from stating the appellants are jockeys.....if dissatisfied with the decisions appeals lie to QCAT.

And the decisions have yet to make it to the QRIC website.

http://www.qric.qld.gov.au/internal-reviews/decisions/

Footnote.......Note: publication of Internal Review decisions is made at the discretion of the reviewer. To find out more about how the QRIC makes its decisions, visit our Right to Information pages.


This is contrary to accepted  administrative law and practice where reasons are required to be given. :o
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« Last Edit: 2016-Jul-24, 06:59 PM by Arsenal »

Offline dean

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« 2016-Jul-24, 09:25 PM Reply #65 »
Absolutely correct Arsenal .This is Queensland policing of a bygone era. The chief ( a former cop) must be dredging through the archives of Bishof, Lewis ,Murphy and associates to come up with this Star Chamber nonsense. His modus operandi needs to be urgently investigated or he should be immediately dismissed. I well remember how the Queensland Special Branch operated through such luminaries as Inspector Hogan to recall how they could deprive a person of their livelihood behind close doors. And to think this is the policy of a Labor Government. It beggars belief.

Offline Arsenal

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« 2016-Jul-25, 07:15 AM Reply #66 »

Switch to Queensland Racing Integrity Commission hits its first hurdle
 
NATHAN EXELBY, The Courier-Mail

July 24, 2016 8:00pm
 
THE switch to the Queensland Racing Integrity Commission has hit its first hurdle, with licensees unhappy with the delayed process for appeals and seeking a stay of proceedings.

While the QRIC internal review is free of charge, licensees now have to go to the Queensland Civil and Administrative Tribunal (QCAT) and pay $315.70 to seek a stay of proceedings.

It seems on July 1 not everyone at QCAT was up to speed with the new process, telling one trainer “we don’t deal with racing anymore”.

When apprentice Gina Mitchell went to QCAT to seek a stay, she was told it could take 21 days for an answer – clearly an unacceptable delay when riders are only given nine days from the initial suspension.

Previously, jockeys applied to Racing Queensland for a stay and in most instances it was granted without delay. Under the new legislation, stewards cannot rule on it.

Jockeys boss Glen Prentice met with Racing Integrity Commissioner Ross Barnett last week to air some of his constituents’ grievances.

Prentice is hopeful Barnett can meet with QCAT this week to work out a more workable system.

“As soon as we identified the problem and pointed out the system is flawed, he (Barnett) got straight on to it,” Prentice said.

“He told us he would endeavour to get it resolved and also undertook to have the internal review fast-tracked.”

Meanwhile the Racing Disciplinary Board, which was replaced by the internal review, is still working its way through a backlog of cases.

The most notable is Darryl Hansen’s TC02 case dating back to August last year.

Hansen was handed a nine-month disqualification by stewards".

Crikey.....What a shambles QCAT takes its time in deciding whether a stay is appropriate and it costs an unbelievable $315 for them to consider it .......obviously the left hand doesn't work in coordination with the right....its also unacceptable that the internal reviewer apparently isn't obliged to publish reasons for decision.......and the RAD board is dragging its feet on Darryl Hansen's case......what odds it'll be upheld.


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Offline deepthroat

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« 2016-Jul-25, 07:28 AM Reply #67 »
Interesting- the internal reviewers findings must surely be available for use if the matter gets taken further?

Offline Arsenal

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« 2016-Jul-27, 07:55 PM Reply #68 »
This is a harness racing case Justin Abbott the FOLDEM guy was disqualified for allegedly assaulting steward Paul Zimmerman at the stables .......he applied to the Supreme Court to set aside the penalty on the basis of apprehended bias due to the involvement of the chief steward in hearing and determining the penalty...the learned judge gave judgment for Abbott but reserved the decision on costs ....the outcome is that a fresh panel is required to deal with the issue.

Giddy Up :beer:

http://www.austlii.edu.au/au/cases/qld/QSC/2016/162.html


« Last Edit: 2016-Jul-27, 07:58 PM by Arsenal »

Offline aro

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« 2016-Jul-27, 10:44 PM Reply #69 »

^^ Oh how the times have changed...many moons ago, a panel of old men decided fates with no video recording or transcripts and severe penalties were handed out.
Most appeals dismissed and penalty was not altered and the licensee would be told to come back in 6 or 12 months...
Nowadays, its woe be to the 'poor' trainer or jockey. And the industry/punters want integrity! Stewards do their part (albeit sometime they need to do it better) and rule breakers prosper. Go figure.

On another note, for the conspiracy theorists and cloak and dagger types, 2 review decisions have been released. Stewards are shooting 100% so far...Praise the Internal Reviewer for he may know what's what unlike Miller and the muppet associates of the RDB. Subject to further QCAT review of course.

Offline Arsenal

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« 2016-Jul-28, 08:38 AM Reply #70 »
As reported previously the Internal Reviewer (Adjudicator) Mr Kane Ashby has made two decisions referred to him by the affected parties both involved careless riding suspensions at Dalby and Mackay for periods of 9 days and three weeks...in both cases the IR confirmed the decisions of the stewards.......clearly Mr Ashby is economical with his use of words.......probably he's paid on a sessional basis....the decisions describe him as the Internal Adjudicator.

The cases are numbered...02 and 03 ,,,,,where's 01?

Giddy Up :beer:



http://www.qric.qld.gov.au/pdf/0003-16-dale-evans-internal-review-decision.pdf

http://www.qric.qld.gov.au/pdf/0002-16-gina-mitchell-internal-review-decision.pdf
« Last Edit: 2016-Jul-28, 08:43 AM by Arsenal »

Offline deepthroat

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« 2016-Jul-28, 09:41 AM Reply #71 »
I'm sure number one can't be found with good reason..
Mr Ashby may have been in a rush- preparing his witness statement for VCAT and booking his flight to Vic for the hearing next week...

Offline bronx

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« 2016-Jul-28, 11:17 AM Reply #72 »
So where can the Stewards Inquiries be found now?
They are no longer on the RQ website.
Cant seem to find the info anywhere.

Offline Arsenal

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« 2016-Jul-28, 06:17 PM Reply #73 »
Stewards reports for every State are on the Racing Australia site.........http://www.racingaustralia.horse/

And appeals in Qld are on this thread.

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Offline aro

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« 2016-Jul-28, 09:56 PM Reply #74 »
http://www.qric.qld.gov.au/stewards-reports/thoroughbred/reports/

Probably more specific to what Bronx was looking for...any further appeals to the reviews listed will be reported via QCAT.


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