Racehorse TALK

Thoroughbred Racing Talk => Vic Gallops => Topic started by: Arsenal on 2019-Aug-23, 08:18 PM

Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Aug-23, 08:18 PM
The first decision of the VRT is available within days of the hearing on 19 th August media release on the decision dated 23 August no delay in decision making.

"DECISION
HARNESS RACING VICTORIA
and
MR MATTHEW CRAVEN
 
Date of hearing:      19 August 2019
Panel:   Judge John Bowman (Chairperson), Magistrate John Doherty (Deputy Chairperson) and Mr. Robert Abrahams
Appearances:    Mr Nicholas Murray and Mr Neale Conder appeared on behalf of the Stewards.
            Mr Damien Sheales appeared on behalf of Mr Craven.
            Mr Matthew Craven appeared as a witness.

Charge:    Australian Harness Racing Rule 149 (2) states “A person shall not drive in a manner which in the opinion of the stewards is unacceptable”.

Particulars of charge:   The particulars of the charge being after driving forward from barrier 5 from the start on Bou Chard and after initially being obliged to race three wide to the outside of Goodtime Junior (Jackie Barker) and Huli Nien (Greg Sugars) into the first turn, Mr Craven then continued to persevere in obtaining the lead until near the 1200m which resulted in an exceptionally fast first quarter of 26.3 seconds being recorded. Thereafter, Mr Craven allowed Bou Chard to stride whilst in the lead, which resulted in the first half of the last mile being recorded in 55.6 seconds. In the opinion of the Stewards, the driving tactics employed by Mr Craven during the early and middle stages of the event were unacceptable and was the main contributing factor in Bou Chard being placed under pressure from the 400m and giving ground to be beaten into last position approximately 47 metres from the eventual winner.

Plea:             Not guilty



DECISION   Having viewed the video of the race and having heard the evidence of Mr. Craven and the submissions on behalf of the parties, the tribunal found Mr. Craven guilty of the charge. In particular, it found the driving tactics of Mr. Craven in failing to give the horse a "breather" after a long and hard battle to get to the front were unacceptable. Bearing in mind Mr. Craven's very good record and the impact of a suspension upon him at this particular time, the Tribunal set aside the period of suspension that had been imposed and ordered that he be fined $2,500.



Mark Howard
Registrar, Victorian Racing Tribunal"

ENDS

Giddy Up :beer:


Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Sep-05, 09:34 AM
DECISION
GREYHOUND RACING VICTORIA
and
MR DAVID GRAHAM
 
Date of hearing:      29 August 2019
Panel:   Judge John Bowman (Chairperson) and Ms Julie Nicholson.
Appearances:    Mr Paul Searle appeared on behalf of the Stewards.
            Mr David Graham (Owner) represented himself at the hearing.

Particulars of charge:   (Stewards report) An Exhibition Trial was conducted by Dusty’s Charlie at Healesville on Sunday 11 August 2019 in the lead up to the National Straight Track Championship on 18 August 2019.
After considering the circumstances surrounding the conduct and nature of the trial, the matter was referred by the Chief Steward to the Healesville Stewards Panel to officially open and hold an inquiry into the performance of Dusty’s Charlie in the trial, with specific regard to Local Rule 39.
39 Trials between Events
39.1 The Board may at any time permit greyhounds to run in a trial in between Events at a Meeting.
39.2 Without limiting LR 39.1 (Vic), any greyhound which runs in a trial in between Events at a Meeting shall be subject to the Rules as if the greyhound was running in an Event. It was found that, in the trial, Dusty’s Charlie failed to pursue the lure as required by Rule 69B.

Plea:             Not Guilty



DECISION   

There is a preliminary question of law in relation to this appeal. Pursuant to section 50X of the
Racing Act 1958 “A question of law arising in a hearing must be decided by the Chairperson or
Deputy Chairperson”. Accordingly, I am Ruling upon it.

The appeal concerns a charge essentially pursuant to LRR Rules 39 (1) and (2). On 11 August 2019 at Healesville a meeting was conducted. Before Race 1 the dog Dusty’s Charlie of which Mr. Graham is the owner, trialled in preparation for the National Straight Track Championships. Without going into details, it did not trial satisfactorily. Again without going through the intervening steps, ultimately a penalty was imposed resulting in the dog being stood down from racing for 3 days and no future nominations would be accepted until Dusty’s Charlie performed a satisfactory trial. The papers were marked accordingly.

It is from this decision that Mr. Graham appeals. Local Rule 39 (1) and (2) provides that greyhounds can run in trials between Events at a meeting and any greyhound which runs in a trial between Events at a meeting shall be subject to the Rules as if the greyhound was running in an Event.

There is no argument but in this case the relevant trial was not run between Events at a meeting. Dusty’s Charlie trialled before the first Event. The Rule is quite clear. It applies to trials between Events at a Meeting. Whatever the purpose of the Rule, that is what it specifically provides.

In the present case the Stewards, for reasons that may have seemed to be adequate, had Dusty’s Charlie trial not between Events at a meeting but before the meeting had started – that is before the First Event. That took it outside the specific wording of the Rule. Whatever occurred, it was not a Trial between Events and therefore not in accordance with the Rules. The Rules are not vague or ambiguous. They are specific.

What then is the effect of this? In my opinion, it means that the behaviour of Dusty’s Charlie did not take place in a trial for the purpose of Local Rule 39 (1) or (2).

I appreciate that the Stewards acted in good faith and for reasons that seemed sound. However, by not having the trial between events, what occurred simply did not fall within the requirements of the Rule.

Amongst other things and without wishing to be too legal, the Latin term of [expressio unius est exclusio alterius] applies – when a thing of a class is expressly mentioned, others of the same class are excluded.

A trial between Events falls within LR 39 (1) and (2). Other trials do not and are excluded. 

In my opinion the situation is not saved by rule 20, and particularly as argued by Rule 20 (3)(v). It allows the Stewards to determine any matter that arises but is not provided for by the Rules. However, what should have occurred here is simple and is provided for by the Rules – relevant trials should be run between Events. I also note that Rule 20 specifically applies to Race meetings, not necessarily to trials. 

Nor does the [Interpretation of Legislation Act 1984] save the day. The Rule in relation to the relevant trials is clear. They are trials run between Events. This one wasn’t. There is no need to turn to the [Interpretation of Legislation Act].

Similarly, the NSW decisions do not persuade me to alter my view. It is not a situation of ambiguity or vagueness needing a common sense interpretation. Rule 39 (1) and (2) are perfectly clear. They apply to trials between Events at the meeting.

Accordingly, my finding is that the Trial involving Dusty’s Charlie on 11 August 2019 was not a trial conducted in accordance with LR 39 (1) and (2).

The appeal is therefore upheld and the penalty is set aside. 

Mark Howard
Registrar, Victorian Racing Tribunal

ENDS

This is what is missing in QLD quick decision making no long delays in stays of proceedings licensees time out expires before a decision on penalty is made so effectively no penalty apart from a little black mark on the report card.

Giddy Up :beer:


Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Sep-05, 07:03 PM
https://www.racing.com/news/2019-09-03/news-test-looms-for-new-tribunal
Test looms for new tribunal
 
Andrew Eddy@fastisheddy
3 September, 2019

James McNamara says he intends walking away from the racing industry, but Victorian racing’s new judicial system means the Koroit hobby trainer might not find it so easy to simply cut his connection with horse racing.
McNamara claimed he will throw away his trainers licence and turn his back on the industry on Monday after he was charged with not permitting one of his horses Hornets' Nest from running on its merits in a hurdle at Casterton in late June.
These charges will be heard by the Victorian Racing Tribunal (VRT) on a date still to be fixed and McNamara could yet be forced to appear to answer questions.
One of the biggest differences between the new judicial body and the old – the Racing Appeals and Disciplinary (RAD) Board – the VRT has the power to compel witnesses to appear if so desired.
The RAD Board had no such power as seen only last year with former trainer Robert Smerdon, who refused to attend his RAD Board hearing after handing in his trainer’s licence despite having numerous serious charges against him.
He was eventually banned for life for his role in the Aquanita scandal, but his absence from that hearing and subsequent appeals left a bad taste for many in the industry.
WATCH: Hornets' Nest at Casterton
On Monday, Racing Victoria issued charges against McNamara and jockey Paul Hamblin for not allowing the then 11-year-old Hornets' Nest every opportunity to win the Casterton race.
The stewards alleged Hamblin's riding of Hornets' Nest was contrary to rules in that he failed between approximately the 1200-metre mark and the 800-metre mark to improve his position and maintain contact with the field.
It was also alleged that between approximately the 800-metre mark and jumping the last obstacle, Hamblin did not ride his mount with sufficient vigor to improve their position.
The stewards also allege that McNamara's instructions to Hamblin prior to the race contributed to Hamblin's breach of the rules.
Hornets' Nest, who is now a 12-year-old so is in his final season of racing, has won nine races from 45 starts, including his maiden hurdle in 2014 by 18 lengths.
Nearly six years ago to the day, he contested the Group 2 Dato Tan Chin Nam (Feehan) Stakes, finishing less than three lengths behind the winner Fiorente, who went on to win the Melbourne Cup later that spring.

Crikey why would they pull it up it's 11yo?

Giddy Up :beer:

Title: Victorian Racing Tribunal
Post by: nemisis on 2019-Sep-05, 10:00 PM
I've been a real Hornet's Nest fan but it has to be said they really over did the 'just having a run" at Casterton.......$11 out to $21 would suggest a few people knew something.

He is only a little fellow and was carrying 74 kgs in the $30k Hurdle at Casterton and no doubt the connections were eyeing the Kevin Lafferty`worth $100k the week after in which he carried 64.5 kgs.

They probably didn't want him to be hammered out or risk getting some more weight  for the target race but Hornet's Nest generally races up on the pace.

You can't help having some sympathy for James McNamara all the same because there are plenty of horses from the big stables having "a run" every week and there seems to be some acceptance of that by stewards.......must have overdone it.
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Sep-11, 07:29 PM
Another set of decisions all three codes included.......most didn't end well for the appellants.....this is the exception as well as the most interesting the case of Ms Hanna Powell whose horse Kissee Mee returned 2 positives due to eating grass contaminated by sewage which contained the prohibited substance from medication used by the trainer's husband.

https://djpr.vic.gov.au/__data/assets/word_doc/0009/1860822/VRT-Decision-Gerry-Orr-Appeal-29-August-2019-FINAL.docx

https://djpr.vic.gov.au/__data/assets/word_doc/0010/1860823/VRT-Decision-Hanna-Powell-Appeal-30-August-2019.docx
There is no argument but that Kissee Mee’s contact with the prohibited substance came as a result of eating grass in the area of a septic tank and where there was a sewage overflow. Your husband had regularly taken anti-depressant medication, which contains the prohibited substance. No other cause of the positive return has been suggested by the Stewards and we accept that all of these factors combined to form what Mr Nicholl, on your behalf, called a perfect storm. We accept that you were extremely unlucky and that there was no intention to give the horse any prohibited substance or to try and gain any unfair advantage. As soon as you found out about the positive return, you scratched the horse from its next engagement.
This is a rare case that the Stewards and yourself, with the assistance of Mr Nicholl, all agreed upon the appropriate penalty. That penalty is that a conviction be recorded but with no other penalty imposed.
We agree. We also point out that you will be hit with a substantial penalty by reason of the inevitable disqualification of Kissee Mee from both races. You are the 100% owner of her. This will cost you in excess of $20,000 and spoil what has been one of your most successful years.
In conclusion, we find the charge proven. A conviction, relating to both races, will be recorded, but no other penalty imposed.
Pursuant to AR 177, Kissee Mee is disqualified as the winner of race 4, the Bet365 Racing Cashback 0-58 Handicap at Kyneton on 2 November 2018 and the places amended accordingly.Kissee Mee is also disqualified as the winner of Race 6, the RMBL Investments Handicap at Kyneton on 6 December 2018 and the places amended accordingly.

https://djpr.vic.gov.au/__data/assets/word_doc/0007/1860901/VRT-Decision-Matthew-Horsnell-Appeal-2-September-2019-Final.docx

https://djpr.vic.gov.au/__data/assets/word_doc/0007/1860982/VRT-Decision-Monique-Burnett-Appeal-2-September-2019-Final.docx

https://djpr.vic.gov.au/__data/assets/word_doc/0009/1860984/VRT-Decision-Tony-Xiriha-Appeal-2-September-2019-Final.docx

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Peter Mair on 2019-Sep-11, 08:07 PM


Technology decisions -- racing past the 'post 'of insanity


Decisions on race outcomes, that could be declared 'dead heats' -- and would have been a few years ago  -- are now declared with digital technology 'evidence' ... 'showing' a margin not evident to a human eye.

Most of us will cop that 'on the chin' and move on -- akin to a penalty shootout deciding a soccer match.

The boundary of commonsense is being crossed in decisions on 'positive swabs' -- not repeating the stupidity of the 'charge' in this 'on the eaten grass' matter, I recall another.

A leading Sydney trainer was charged with a 'herion' reading tracked to a stable hand 'handling' a contaminated door knob at a local hotel and then 'not washing his hands' before dealing with the horse.

I was at the appeal  hearing  ............... I asked the 'chief tester' -- 'how high was the reading?'  ....       'not enough to fit on the head of a pin' ....... why prosecute? ........ that's the rules!

A substantial fine was 'set aside' but the 'presentation' offense was confirmed.

....... I stopped attending appeal hearings.
 






Title: Victorian Racing Tribunal
Post by: napes on 2019-Sep-12, 10:26 AM
That would have been a relief for all involved!!
Title: Victorian Racing Tribunal
Post by: wily ole dog on 2019-Sep-12, 04:59 PM
Napes, can you imagine sitting in the same room as the bloke  :lol:
Title: Victorian Racing Tribunal
Post by: Peter Mair on 2019-Sep-12, 07:23 PM


............... thanks boys ....... embryonic signs of an alliance .......  uniting to endorse my views is most welcome.
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Sep-30, 04:21 PM
DECISION
GREYHOUND RACING VICTORIA
and
MR LAURIE MALLIA
 
Date of hearing:      25 September 2019
Panel:   Judge John Bowman (Chairperson), Justice Shane Marshall (Deputy chairperson) and Ms Heidi Keighran.
Appearances:    Mr Marwan El-Asmar appeared on behalf of the Stewards.
Mr Laurie Mallia represented himself at the hearing.

Charge:    Greyhounds Australasia Rule 83 (1A) states:
A person who-    
(a) administers, attempts to administer or causes to be administered a prohibited substance to a greyhound;
(b) aids, abets, counsels or procures any person to administer a prohibited substance to a greyhound; or
(c) has prior knowledge of a prohibited substance being administered to a greyhound which is detected in any sample taken from such greyhound that has been presented for an Event or when subject to any other contingency provided for pursuant to these Rules, shall be guilty of an offence.

Greyhounds Australasia Rule 83 (2) states:
The owner, trainer or person in charge of a greyhound-
(a)   nominated to compete in an Event;
(b)   presented for a satisfactory, weight or whelping trial or such other trial as provided for pursuant to these Rules; or
(c)   presented for any test or examination for the purpose of a period of incapacitation or prohibition being varied or revoked
shall present the greyhound free of any prohibited substance.

Particulars of charges:   Charge 1 On the 6 May 2019 at the Ballarat Greyhound Racing Club, Mr Mallia administered, or caused to be administered, to ‘Dyna Diedre’, a prohibited substance, being cobalt, which was detected in a sample taken from ‘Dyna Diedre’ in that:
(a)   You administered products containing cobalt, namely Rapidvite Amino Cal Plus and Feramo D, to ‘Dyna Diedre’ on 5 May 2019;
(b)   A pre-race sample of urine was taken from ‘Dyna Diedre’ at the event (the sample);
(c)   Cobalt was detected in the sample at a mass concentration of greater than 100 nanograms per millilitre; and
(d)   The mass concentration of cobalt detected in the sample could only be caused by the administration of cobalt.

Charge 2 On 6 May 2019, you presented ‘Dyna Diedre’ at the Event not free of any prohibited substance, given that:
(a)   A pre-race sample of urine was taken from ‘Dyna Diedre’ at the Event (the Sample); and
(b)   Cobalt was detected in the Sample at a mass concentration of greater than 100 nanograms per millilitre.

Plea:             Guilty to both charges


DECISION

1.   Mr Laurie Mallia is a registered greyhound trainer and the trainer of the greyhound ‘Dyna Diedre’. Dyna Diedre competed in race 12 at Ballarat on 6 May 2019. A pre-race urine sample taken from the greyhound detected cobalt at a mass concentration of greater than 100 nanograms per millilitre. The level was 130 ng/ml.
 
2.   Stewards of Greyhound Racing Victoria (GRV) have charged Mr Mallia under Greyhounds Australasia Rule (GAR) 83(1A) with administering a prohibited substance to a greyhound that has been presented for an event, being a prohibited substance which is detected in a sample taken from a greyhound. There is also a charge under GAR 83(2) of presenting a greyhound for an event while not being free of a prohibited substance.

3.   Mr Mallia has pleaded guilty to each charge. The Tribunal finds the charges proven. It will fix an appropriate penalty on the more serious administration charge and impose no extra penalty on the presentation charge which arises out of the same substratum of facts.

4.   Cobalt is a prohibited substance when it is present in a sample at greater than 100 nanograms per millilitre. That is the combined effect of GAR 83(10) and the definition of prohibited substance in GAR 83(1).

5.   Mr Mallia is a small hobby trainer. For a 2 year period from 2015 to 2017 he was relatively inactive. That was the time in which the cobalt threshold was introduced into the GAR’s and when GRV generated much publicity about cobalt being contained in some feed substances. The history of the introduction of GAR 83(1) and the accompanying publicity is documented in a decision of the GRV Racing Appeals and Disciplinary Board (“the Board”) in the matter of Crawford on 12 July 2016.

6.   Mr Mallia was not aware that Amino Cal Plus and Feramo D, which he fed to his greyhounds, contained cobalt. He now knows and has ceased feeding substances containing cobalt to his dogs.

7.   In assessing penalty the Tribunal takes into account general deterrence and the importance of upholding the integrity of the industry by providing drug free racing. The Tribunal also takes into account penalties in recent like cases handed down by the Racing Appeals and Disciplinary Board. The Tribunal further takes into account Mr Mallia’s guilty plea, his remorse, co-operation with the Stewards and good record in over 30 years of training. In all the circumstances we impose a period of 12 months suspension but suspend 10 months of that period, pending no further breach of GAR 83 in the next 12 months. The suspension shall commence immediately.



Mark Howard
Registrar, Victorian Racing Tribunal

ENDS

Cobalt again but not a long stretch if he behaves hisself only out for two months.

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Oct-02, 08:10 PM
DECISION
GREYHOUND RACING VICTORIA
and
MR JOHN RENNIE
 
Date of hearing:      1 October 2019
Panel:   Judge John Bowman (Chairperson), Magistrate John Doherty and Ms. Maree Payne.
Appearances:    Mr Andrew Cusumano appeared on behalf of the Stewards.
Mr John Rennie represented himself via telephone. 

Charge:    Greyhounds Australasia Rule 83 (2) states:
The owner, trainer or person in charge of a greyhound-
(a)   nominated to compete in an Event;
(b)   presented for a satisfactory, weight or whelping trial or such other trial as provided for pursuant to these Rules; or
(c)   presented for any test or examination for the purpose of a period of incapacitation or prohibition being varied or revoked
shall present the greyhound free of any prohibited substance.

Particulars of charges:   On 26 February 2019, you presented ‘Leeroy Rox’ at the Event not free of any prohibited substance, given that:
(a)   A pre-race sample of urine was taken from ‘Leeroy Rox’ at the Event (the Sample); and
(b)   Metformin was detected in the Sample.

Plea:             Guilty


DECISION

Mr John Rennie, you have pleaded “guilty” to a breach of GAR 83(2). Such a breach is classified as a serious offence. This is a presentation case. The charge is that a pre-race urine sample taken from Leeroy Rox, owned and trained by you, before race 5 at Geelong on 26 February 2019 proved positive to Metformin. Leeroy Rox ran last starting at $26.
We have taken into account what has been said by the Stewards and what you have told us. We accept as did the Stewards, that this was a case of accidental contamination resulting from you having handled your diabetes medication before touching your dog. Metformin is contained in the medication and is capable of affecting the performance of a dog in a negative way. Great care must be taken in handling medication before handling a dog which is going to race. General deterrence, the importance of a level playing field, and a drug free industry, are very important considerations.

As stated, we accept that this was totally accidental.

You are a hobby trainer, licenced since 2015, currently with no dogs. You are about to turn 80. Having lived in Port Stephens, you moved back to Victoria after your wife sadly passed away. You have stated that the dogs keep you going.

You now live at Beeac, some distance from Colac. You live on your own in a house that you have. You have no income other than the pension. You have no other assets, apart from having a couple of dogs. Doubtless they have been a great interest for you. You have no relevant prior convictions and obviously live a very modest lifestyle at Beeac.

Given your very good record, the circumstances in which the offence occurred and particularly bearing in mind your obviously very limited financial circumstances, we are of the view that a modest financial penalty is appropriate. Bearing in mind your particularly limited financial circumstances, we are of the view that a fine of $250 is appropriate. We also disqualify Leeroy Rox from race 5 at Geelong on 26 February 2019.   
Mark Howard
Registrar, Victorian Racing Tribunal

ENDS

A reasonable result accidental contamination.

Giddy Up :beer:


Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Oct-15, 05:28 PM
Several more decisions from the VRT published including jockeys Brad Rawiller and Luke Currie the former received the benefit of a one day reduction in penalty due to his exceptional record Currie not so lucky out for the full time......harness racing licensees plus some from the dishlickers all dealt with expeditiously.

https://djpr.vic.gov.au/priority-industries-sectors/racing/victorian-racing-tribunal/victorian-racing-tribunal-decisions


Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Oct-17, 08:00 PM
Stan Tsaikos overweight 1kg his ride beaten a nose out for 15 instead of 18 apparently he is a serial offender .

https://djpr.vic.gov.au/priority-industries-sectors/racing/victorian-racing-tribunal/victorian-racing-tribunal-decisions

Jamie Kah overweight fined $1000 by stewards

https://www.racing.com/news/2019-10-16/news-jockey-overweight-in-feature-race


Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Oct-23, 06:21 PM
https://djpr.vic.gov.au/priority-industries-sectors/racing/victorian-racing-tribunal/victorian-racing-tribunal-decisions

Paul Hamblin failed to give Hornet’s Nest the best possible chance AR 129 (4)  guilty and given 4 weeks on the sideline  to contemplate his error.....and James McNamara the trainer found not to be a party to the offence but guilty of abusing the stewards $500 lighter..interesting decision clearly the horse was just having a run.
DECISION
RACING VICTORIA
and
MR JAMES McNAMARA
 
Date of hearing:      21 October 2019
Panel:   Judge John Bowman (Chairperson), Magistrate John Doherty and Mr Greg Childs
Appearances:    Mr Justin Hooper instructed by Ms Charlotte Landy appeared on behalf of the Stewards.
Mr James McNamara represented himself.   
            
Witnesses:   Mr Craig Durden appeared as a witness.
   Mr Wade Hadley appeared as a witness.
   Mr Paul Hamblin appeared as a witness.

Charges:    Charge 1 AR 129 (4)    A rider must take all reasonable and permissible measures throughout the race to ensure that the rider's horse is given full opportunity to win or to obtain the best possible place in the field. If, in the opinion of the Stewards, this rule has been breached: any person who was a party to the breach may also be penalised. (a) any person who was a party to the breach may be penalised.

   Charge 2 LR 84A A person must not, at any time or for any purpose: (a) engage in any form of intimidation or abusive conduct (either physical, verbal or otherwise), in any way related to racing, of: (i) any Steward, official or employee or officer of Racing Victoria.

Particulars of the charges:   Charge 1
1.   You are, and were at all relevant times, a trainer licensed by Racing Victoria and the trainer of Hornets’ Nest.
2.   You engaged Paul Hamblin to ride Hornets’ Nest in race 2, the Davis Blinds BM120 Hurdle over 3480 metres at Casterton.
3.   Prior to the race, you provided Paul Hamblin with riding instructions for the race.
4.   Paul Hamblin’s riding of the horse in the race was contrary to AR 129 (2) on the following basis:
4.1   Between approximately the 1200m and the 800m marks of the race Mr Hamblin failed to improve his position and maintain contact with the body of the field in circumstances where it was reasonable and permissible for you to do so; and
4.2   Between approximately the 800m mark of the race and jumping the last obstacle of the race Mr Hamblin failed to ride his mount with sufficient vigour to improve your position in circumstances where it was reasonable and permissible for you to do so.
5.   Hornets’ Nest placed fourth of seven starters in the race and was beaten by approximately ten lengths.
6.   Paul Hamblin rode Hornets’ Nest in the race in accordance with your instructions.
7.   Your instructions caused and/or contributed to Paul Hamblin’s conduct as set out in particulars (a) and (b) above, you were a party to Paul Hamblin’s breach of AR 129 (2).
8.   Your conduct, as set out above was in breach of AR 129 (4).


Charge 2
1.   You are, and were at all relevant times, a trainer licensed by Racing Victoria.
2.   On 2 September 2019, Stipendiary Steward Sam Cochrane called you and asked you to call him back. Later that day, you telephoned Mr Cochrane (the Call).
3.   During the Call, Mr Cochrane informed you that the Stewards were issuing a charge against you with respect to Hornets’ Nest’s race at Casterton on 29 June 2019, when you then engaged in verbally abusive conduct towards him.
4.   Your conduct, as set out above, was in breach of LR 94A(a)(i).


Plea:             Not Guilty




DECISION   

Mr James McNamara, you are the trainer of Hornets’ Nest. You are charged with a breach of AR129(4). You have pleaded “Not Guilty” to the charge. By reason of AR129(4) the additional allegation against you in that, in the opinion of the Stewards, you were a party to the breach of AR129(2). That is based upon the riding instructions allegedly provided to Mr Hamblin prior to the race. It is alleged that Mr Hamblin rode Hornets’ Nest in accordance with your instructions which caused or contributed to his breach of AR 129 (2). As stated, you pleaded “Not Guilty” but opted to give no evidence.

We are troubled by this charge and the evidence supporting it. True it is that, when interviewed by the Stewards on the day, you referred to the races as being “a paid trial” and that you told Mr Hamblin not to pull the whip on it. You told him not to knock the horse about. However, your evidence on the day was that your instruction went on “If he is in a position to win, you go for it, absolutely go for it” You said that you told Mr Hamblin to jump him out, but if they go too hard, “just sit in behind them” don’t break his neck. “He’s got 12 stone on his back”

You claimed you also said that “If you’re in a position to win, yeah you win”.

Instructions are the key to this charge. We are not comfortably satisfied, applying the Briginshaw test, that your instructions to Mr Hamblin resulted in a breach of AR129 (2). Certainly, he did not knock the horse about, but we are not comfortably satisfied that you were a party to the beach of AR129(2). The charge is dismissed. 

Charge LR94A

Certainly, the Stewards should not be abused in this fashion, it was over the phone, it doesn’t appear to have been seriously threatening, as I say the Steward should not have to put up with this kind of behaviour and it is appropriate that Mr McNamara is fined and we fix that fine at $500.



Mark Howard
Registrar, Victorian Racing Tribunal

ENDS

Giddy Up :beer:


Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Oct-24, 07:20 PM
https://djpr.vic.gov.au/priority-industries-sectors/racing/victorian-racing-tribunal/victorian-racing-tribunal-decisions

Greyhound found guilty of failing to chase appeal dismissed.

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Oct-30, 09:15 PM
Another two decisions from the VRT no delays here.......the first case involves a licensee Andrew Henderson trying to rehome retired racehorses but failing to provide proper veterinary attention due to his financial circumstances "bit off more than he could chew" although obviously well intentioned  he was treated compassionately by the Tribunal no more horses on the property and suspended his license ........Ben Melham 8 meetings suspension confirmed.

 
https://djpr.vic.gov.au/__data/assets/word_doc/0010/1868599/VRT-Decision-Andrew-Henderson-25-October-2019.docx

https://djpr.vic.gov.au/__data/assets/word_doc/0011/1868600/VRT-Decision-Ben-Melham-29-October-2019-Final.docx

Giddy Up :beer:

Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Oct-31, 06:21 PM
Another dishlicker found guilty of failing to chase and suspended for 3 months appeal against the decision dismissed .

Acting under the provisions of GAR 69(A)(1) Zipping Storm was charged with failing to pursue the lure with due commitment. Mr Pieter Smoor pleaded not guilty to the charge, Zipping Storm was found guilty and suspended for 3 months at all tracks and must perform a Satisfactory Trial (all tracks), pursuant to GAR 69(A)(2)(b) before any future nomination will be accepted.


Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Nov-11, 07:07 PM
https://djpr.vic.gov.au/priority-industries-sectors/racing/victorian-racing-tribunal/victorian-racing-tribunal-decisions

Matthew Walker DQ indefinite period ....his offence  failure to attend stewards inquiry.

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Nov-12, 06:19 PM
https://djpr.vic.gov.au/priority-industries-sectors/racing/victorian-racing-tribunal/victorian-racing-tribunal-decisions

Damien Oliver out for 9 meetings causing interference his appeal dismissed plus two dish licker cases also dismissed one a fine of $1250 with $1K suspended the other unsatisfactory performance.

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Nov-21, 06:29 PM
Samuel Payne suspended for 4 weeks for "unprofessional behaviour" my term  in assisting another jockey to break the rules.....click on the VRT link to view the decision .

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Dec-13, 12:23 PM
Large number of RAT decisions in the link below ...several positives in greyhounds due to feeding knackery meat against the recommendations of the GRCB one case of live baiting appeal against stewards decision to impose immediate suspension refused a number of other cases one in harness racing of failing to give the horse every opportunity decided in favour of the applicant..

https://djpr.vic.gov.au/priority-industries-sectors/racing/victorian-racing-tribunal/victorian-racing-tribunal-decisions


Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Dec-18, 11:05 PM
https://www.racingvictoria.com.au/integrity/rad-board/-/media/f610c5e1b31e45dfa993d48860158f43.ashx
Simon Beasley Bookie suspended and fined

https://www.racingvictoria.com.au/integrity/rad-board/-/media/2fdabd774db945d59af3e39a3cfa0959.ashx
Ashley Medson failing to provide proper care for horses in her care .

Two VCAT  decisions arising out of RAD board penalties on two greyhound licensees who got into a blue and charged with bringing the sport into disrepute
http://www.austlii.edu.au/cgi-bin/sign.cgi/au/cases/vic/VCAT/2019/1551

GRV  v Scott 2 months suspension and fine..altercation with another Goss

http://www.austlii.edu.au/cgi-bin/sign.cgi/au/cases/vic/VCAT/2019/1823

GRV v Goss appeal against decision of RAD Board varied

Giddy Up :beer:




Title: Victorian Racing Tribunal
Post by: Arsenal on 2019-Dec-23, 01:41 PM
Decision for each of the three codes in the RAT decisions ......Jockey.......trainer medicated greyhound with cough mixture ...and fraudulent conduct by harness persons father and daughter both DQ"d 15 months and 9 months respectively .

https://djpr.vic.gov.au/priority-industries-sectors/racing/victorian-racing-tribunal/victorian-racing-tribunal-decisions


Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Jan-06, 06:27 PM
Another two decisions to end of December Jason Baldock jockey's appeal against penalty for causing a fall dismissed while failure to chase appeal got up due to inconclusive evidence failure of the head on view of the dog .

Jason Baldock, Racing Victoria Appeal, 30 December 2019 (DOCX 154.31 KB)

Wendy Hughes, Greyhound Racing Appeal, 30 December 2019 (DOCX 153.78 KB)


Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Jan-17, 07:57 AM
Working the way it was designed to do the VRT  is a success another 4 decisions delivered without delay.


Jye McNeil, Racing Victoria Hearing, 14 January 2020 (DOCX 152.52 KB)

Jess Fothergill, Greyhound Racing Victoria Hearing, 14 January 2020 (DOCX 155.77 KB)

Jay Robinson, Greyhound Racing Victoria Hearing, 14 January 2020 (DOCX 155.71 KB)

Tony Romeo, Racing Victoria Hearing, 13 January 2020 ( 0 KB)

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Feb-06, 07:29 PM
Catching up on decisions by the VRT since the last post.

Several more matters decided three and four a day..one application for a stay of proceedings refused ...stalker.

https://djpr.vic.gov.au/priority-industries-sectors/racing/victorian-racing-tribunal/victorian-racing-tribunal-decisions

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Feb-24, 07:38 PM
Mark Zahra, Racing Victoria Appeal, 20 February 2020 (DOCX 152.51 KB) Appeal dismissed out for 8 meetings

Max Keenan, Racing Victoria Appeal, 20 February 2020 (DOCX 153.45 KB) picnic racing appeal upheld penalty reduced

Ahmed Taiba, Harness Racing Hearing, 14 February 2020 Positive swabs fined and horses disqualified.

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Feb-26, 07:25 PM
Patricia Smith, Greyhound Racing Hearing, 24 February 2020 (DOCX 155.85 KB)

Douglas Hammerstein, Greyhound Racing Hearing, 24 February 2020 (DOCX 155.8 KB)

Both greyhound trainers with positive swabs.

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Mar-04, 08:01 PM
DECISION
HARNESS RACING VICTORIA
and
MR GEORGE SCHEMBRI
 
Date of hearing:      26 February 2020
Panel:   Judge John Bowman (Chairperson), Judge Graeme Hicks (Deputy Chairperson) and Judge Marilyn Harbison.
Appearances:    Mr Daniel Caruana appeared on behalf of the Stewards.
            Mr George Schembri represented himself. 
            
Charge:    Australian Harness Racing Rule 190(1) states a horse shall be presented for a race free of prohibited substances.

Particulars of charges:   Charge 1

1.   On 23 April 2019, the horse ‘Dangerous Women’ was presented to race at the Bendigo harness racing meeting in Race 5, the ‘Empire Stallions Vicbred Platinum Country Series L (2nd Heat)’;

2.   At the relevant time you were the trainer of ‘Dangerous Women’;

3.    Following Race 5, the ‘Empire Stallions Vicbred Platinum Country Series L (2nd Heat)’, a urine sample was collected from ‘Dangerous Women’ with subsequent analysis of that sample revealing a cobalt concentration in excess of the allowable threshold;

4.   As the trainer of ‘Dangerous Women’, on 23 April 2019 you presented that horse to race in the ‘Empire Stallions Vicbred Platinum Country Series L (2nd Heat)’ at Bendigo whilst not free of cobalt, a prohibited substance when present at a concentration in excess of 100 micrograms per litre in urine.   
Charge 2

1.   At all relevant times, you were a licensed trainer with Harness Racing Victoria;

2.   When inspected by HRV Stewards on 19 May 2019, your log book failed to adequately list the minimum details required for regular administration of ‘Neutradex’, ‘Gastrazone’, ‘Rutin Mix’, and ‘Winning Formula: Equine Omega Plus’;

3.   On 23 May 2019, you gave evidence that your treatment regime includes regular administration of ‘Neutradex’, ‘Gastrazone’, ‘Rutin Mix’, and ‘Winning Formula: Equine Omega Plus’;

4.   You have failed to keep and maintain a log book as required.

Plea:             Guilty


DECISION   

Mr George Schembri, you have pleaded guilty to two charges under the Harness Racing Rules.

Charge number one is in relation to Rule 190(1) which reads: “A horse shall be presented for a race free of prohibited substances”. The particulars of that charge are that on 23 April 2019, the horse ‘Dangerous Women’ was presented to race at the Bendigo harness racing meeting in Race 5, the ‘Empire Stallions Vicbred Platinum Country Series (2nd heat)’. At the relevant time you were the trainer of ‘Dangerous Women’. Prior to Race 5, a urine sample was collected from ‘Dangerous Women’, with subsequent analysis of that sample revealing a cobalt concentration in excess of the allowable threshold.

Charge number two. The Stewards charge you with a breach of Rule 190B which reads “A trainer shall at all times keep and maintain a log book”. At all relevant times, you were a licensed trainer with Harness Racing Victoria. When inspected by HRV Stewards on 19 May 2019, your log book failed to adequately list the minimum details required for regular administration of ‘Neutradex’, ‘Gastrazone’, ‘Rutin Mix’, and a ‘Winning Formula’ product, later verified as ‘Winning Formula: Equine Omega Plus’. On 23 May 2019, you gave evidence that your treatment regime included regular administration of those products, but they were not in your log book. Accordingly, you have failed to maintain a log book as required.

We have taken into account your pleas of guilty to both charges and your cooperation with the Stewards and have considered your training history, your record that was placed before us and also heard of your personal circumstances. These include that your mother had a serious hip operation and as a result of your actions in attending to your mother, different work and practice regimes occurred and double doses of different products were given to the horse. We have heard material from yourself that changes have now been made to ensure that this does not happen again. At certain stages of your training career you have trained up to 10 horses. Your horses, we accept, are your life and it may affect you mentally if we reach a decision of disqualification or suspension. The Stewards stated that you have a relatively good record over a long period of time.

The minimum penalty guidelines do not apply to this case, as cobalt is not included in them. However, the Tribunal does consider this a serious matter.   

We have considered the purposes and objects of the Rules of Racing relating to prohibited substances. These are that the integrity of racing is protected, that harness racing is conducted on a level playing field, that horses race without assistance of drugs, that racing is conducted safely with regard to the horse itself and also with regard to the drivers of other horses involved in the race and finally that racing is conducted fairly with respect to the betting pubic.

We have considered current penalties that have been imposed in similar cases. Principles of general deterrence and, in your case to a lesser extent, specific deterrence also apply in determining the appropriate penalty. Though not determinative of the issues before us we have had regard to the minimum penalty guidelines.

In all the circumstances, we find that the appropriate penalty is as follows. In relation to charge one, 12 months suspension of all licences with 6 months to be served concurrently with the penalty that was imposed on 16 December 2019, backdated to 1 September 2019 for a period of 15 months disqualification which expires on the 1 December 2020. Accordingly, the situation is this. Once the current disqualification expires, you will then serve an additional 6 month suspension. Pursuant to AHRR 195 we order that the horse ‘Dangerous Woman’ be disqualified from Race 5 at the Bendigo harness racing meeting on 23 April 2019. We order that the placings be amended accordingly and that the prize money be refunded.

In respect to charge two, we order that Mr Schembri be fined $250.


Mark Howard
Registrar, Victorian Racing Tribunal


DECISION
HARNESS RACING VICTORIA
and
MR DYLAN ACHISON
 
Date of hearing:      26 February 2020
Panel:   Judge John Bowman (Chairperson), Judge Graeme Hicks (Deputy Chairperson) and Ms Marilyn Harbison. 
Appearances:    Mr Brett Day appeared on behalf of the Stewards.
Mr Dylan Achison represented himself at the hearing.   

Charge:    Australian Harness Racing Rule 231(1)(a) reads as follows: A person shall not threaten anyone employed, engaged or participating in the harness racing industry or otherwise have a connection with it.

Particulars of charge:
1.   On 7 December 2019 an incident occurred between licensed persons Joe Pace and Emma Stewart at the Cranbourne race meeting following the running of Race 7;
2.   On 7 December 2019 at 11.41pm you contacted licensed trainer/driver Mr Joe Pace via telephone. During this telephone call you made comments to Mr Joe Pace that you would burn down his stables and/or house with reference made to the prior incident involving Mr Pace and Ms Stewart;
3.   By contacting Mr Pace and making these comments you threatened Mr Pace a person participating in the harness racing industry.
Plea:             Not Guilty


DECISION

Mr Dylan Achison, you have pleaded ‘not guilty’ to a breach of Rule 231 (1)(a). In essence, the charge is that, on 7 December 2019, you, being a licensed person, made threats to Mr Joe Pace, also a licensed person. The alleged threat was that you would burn down his stables and/or his house. This followed a disagreement between Mr Pace and Ms Emma Stewart. At the time Ms Stewart, also a licenced person, employed you as a stablehand.

You admit that you used a mobile phone to make a phone call from a car to Mr Pace on his mobile phone at about 11.41pm. The call only lasted a little over 30 seconds. Mr Pace was also in a car, and he answered the call on speaker phone.

The only real dispute is whether in fact you threatened to burn down his stables and/or house if he caused more trouble to Ms Stewart.

You say that you criticised him for what he had done, but did not make the threats about burning stables and the like. The other witnesses in the car which you were in are not able to take matters much further.

Mr Pace and three other occupants of his car have provided statements to the effect that you did make the threats relating to burning and the like.

The only other matter of relevance is this. Certainly at least some of those in your car had been doing a bit of drinking.

The relevant test to be applied is the Briginshaw test of comfortable satisfaction. We are comfortably satisfied that you did make the threats that have been alleged and in so doing breached Rule 231 (1)(a). In short, we find the charge proven and we find you guilty of the offence. We will now hear from the parties on the question of penalty.

PENALTY

The appropriate penalty is that suggested by Mr Brett Day on behalf of the Stewards, namely, a 3 month suspension commencing from 26 February 2020. We have taken into account your circumstances, in that you are in fact a student and have limited income. In any event, we think a suspension is the appropriate penalty.


Mark Howard
Registrar, Victorian Racing Tribunal

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Mar-10, 09:02 AM
Experience has proved that the Victorian Guvment made the right decision in making  changes to the racing industry appeals process .....the VRT  hears and determine appeals in the three racing codes with commendable expediency.......unlike the unworkable appeals system in QLD where QCAT under rescoursed and over worked is the stumbling block to an efficient and timely process......the DAF charged with coming up with a better system has been considering (reportedly 27) submissions since August 2019  and any ideas they themselves might think appropriate but nothing has been seen even though State Parliament which would need to pass any proposed amendments to legislation is back from its long holidays early last month.

In the period from Jan this year up to the latest decision on February 26 the VRT has heard and determined 29 appeals in the same time frame QCAT has published only one decision.

Giddy Up :beer:





Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Mar-12, 07:42 PM
No time wasted in hearing appeals in Victoria here's the latest batch.

Fred Vassallo, Greyhound Racing Hearing, 5 March 2020 (DOCX 155.34 KB)

Kevin Chivell, Greyhound Racing Hearing, 5 March 2020 (DOCX 155.59 KB)

Melody Cunningham, Racing Victoria Hearing, 4 March 2020 (DOCX 155.55 KB)

Jayden Barker, Harness Racing Appeal, 3 March 2020 (DOCX 153.73 KB)

Geoffrey Howell, Greyhound Racing Appeal, 3 March 2020 (DOCX 153.47 KB)

Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Mar-17, 05:28 PM
Latest decisions of the VRT.......
Fred Vassallo, Greyhound Racing Hearing, 5 March 2020 (DOCX 155.34 KB)

Kevin Chivell, Greyhound Racing Hearing, 5 March 2020 (DOCX 155.59 KB)

Melody Cunningham, Racing Victoria Hearing, 4 March 2020 (DOCX 155.55 KB)

Jayden Barker, Harness Racing Appeal, 3 March 2020 (DOCX 153.73 KB)

Since its establishment in August 2019 the VRT has heard 51 appeals to the end of 2019 and this year up to 5 March the VRT has heard 34 appeals .......the Registrar Mark Howard has advised to date only one appeal has been made to VCAT.....a record of achievement ........thanks to the Victorian Guvment ..... how much longer before (or will) it ever get better in QLD  :what:


Giddy Up :beer:
Title: Victorian Racing Tribunal
Post by: Arsenal on 2020-Mar-24, 04:07 PM
No stopping the VRT latest decisions

Margery Quick, Greyhound Racing Hearing, 12 March 2020 (DOCX 156.49 KB)

David Baker, Greyhound Racing Hearing, 12 March 2020 (DOCX 155.44 KB)

Giddy Up :beer: