Determinations and hearings

Determinations made by the Racing Penalties Appeal Tribunal.

Hearings

Hearings are held at the State Administrative Tribunal, Perth.

Determinations

Determinations made by the Racing Penalties Appeal Tribunal.

Applicants

Dean Capelli
Neven Botica
Gary Johnson

Result

Appeal dismissed

Decision

Disqualification of THURSTON under Rule 177 for being presented to race when a prohibited substance (Cimetidine) had been detected. Appeal dismissed. Application by Owners of THURSTON to have appeal re-opened refused.

Racing type

Thoroughbred

Thoroughbred racing rules

Offence type

Prohibited substances

Precedent

In my opinion, consistent with what is said in Bhardwaj, it is necessary first? They had discretion as to whether or not to disqualify, because Rule 177 is expressed in discretionary rather than in mandatory terms.

Paragraph number: 6 (8/07/05), 2 (25/02/02)

Decision file

Page reviewed 09 January 2024
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