Racing precedents

A list of precedents from determinations made by the Racing Penalties Appeal Tribunal.

Appeal no. Racing type Applicant Offence Precedent Paragraph Determination document
857 Greyhound
Maxwell Julian
Conduct 59(i)
  • .pdf Precedent of decision 857.pdf (1923 KB)
  • 801 Harness
    Morgan Lee Woodley
    Conduct There is a positive obligation in Rule 163(2) is on the driver to rejoin the race. If the Driver does not rejoin the race, he or she breaches the Rule?.However, the Stewards did not use the ?not losing of ground? as a piece of evidence on whether.. 21,22
  • .pdf Precedent of decision 801.pdf (1915 KB)
  • 792 Greyhound
    Peter Hepple
    Conduct To add to the unique features of the case, despite all of the publicity regarding the permanent banning of Fertagyl, two experienced veterinarians including one who was the on-course vet, were unaware that it had been banned...... 19
  • .pdf Precedent of decision 792.pdf (16120 KB)
  • 785 Harness
    Peter O'Neill
    Conduct specificity of the charge 21-22
  • .pdf Precedent of decision 785.pdf (2916 KB)
  • 784 Thoroughbred
    Anthony John Yujnovich
    Prohibited substances However, in my view, the effect of a disqualification on Mr Yujnovich is greater than that on a person without his medical condition. It is a matter personal to him which should be taken into account in fixing the penalty. Page 9-Medical condition a mitigating factor
  • .pdf Precedent of decision 784.pdf (3883 KB)
  • 776 Harness
    Bruce Stanley
    Prohibited substances

    7: There can be no innocent explanation in any allegation of an offence against Rule 190. Intent is not an element, and mistake of fact is no excuse. There is no defence available. Rule 190 creates an absolute offence.

    10: Retrospectivity of Rules

    7, 10
  • .pdf Precedent of decision 776.pdf (5223 KB)
  • .doc Precedent of decision 776.doc (93 KB)
  • 610 Harness
    Gary Edward Hall Jnr
    Conduct After making the above comments, the Chairman went on to invite Mr Hall Jnr to comment on penalty? I rely on that opinion of the Stewards, and as well on the evidence of Mr Hall Jnr and Mr Hall Snr. 5
  • .pdf Precedent of decision 610.pdf (1747 KB)
  • 605 Thoroughbred
    Gordon William O'Donnell
    Conduct The Stewards' reasoning process was correct. An apparatus capable of discharge of electricity? proved by circumstantial evidence. In this case, Mr O'Donnell denied knowledge of three of the four items, and as well denied control. 8 and 13
  • .pdf Precedent of decision 605.pdf (7634 KB)
  • 591 Greyhound
    Christopher William Halse
    Conduct The Stewards on the other hand draw my attention to the fact that the Dog Act deems that? a fine of $1,000 having regard to the nature of the offence and what I saw on the video would appear to be manifestly excessive. 4
  • .pdf Precedent of decision 591.pdf (1127 KB)
  • 590 Thoroughbred
    Kristian Hawkins
    Conduct There is also the fact that the Stewards observed the incident. Observation shouldn't be undervalued? and particularly in a case such as this where there is not the best video film available. 3
  • .pdf Precedent of decision 590.pdf (1157 KB)
  • 585 Thoroughbred
    Stephen John Wolfe
    Prohibited substances Whilst Australian Rule 8(g) may not go far enough to authorise post mortems and dismemberment the Stewards? summarise the case which Mr Davies QC presented to the Tribunal on the matters addressed by these two grounds. 4 and 13 and 16 (Mr D Mossenson)
  • .pdf Precedent of decision 585.pdf (12720 KB)
  • 577 Thoroughbred
    Daniel Staeck
    Conduct I agree that Miller (Appeal 413) sets out the test regarding Rule 135(b) and applies the case of Honan? The rider's tactic was so unreasonable as to be culpable in all of the circumstances of this particular case. 3
  • .pdf Precedent of decision 577.pdf (1129 KB)
  • 572 Thoroughbred
    Daniel Staeck
    Conduct The general principles which apply in this review of penalty include those recently expressed by the Presiding Member in King? is manifestly excessive, or in other words, outside the range of penalties commonly imposed for offences of its type. 2 (Mr A Monisse)
  • .pdf Precedent of decision 572.pdf (655 KB)
  • 570 Thoroughbred
    John James Miller Jnr
    Prohibited substances Cimetidine is undoubtedly a prohibited substance under the Rules. It must not be administered and found in a race? record, is or should be regarded as functus officio once it has decided an appeal. 13 - 29 (Mr D Mossenson - 21-08-02) and 3 - 11 (Mr D Mossenson - 17-06-03)
  • .pdf Precedent of decision 570.pdf (6470 KB)
  • 569 Greyhound
    Pamela Anne Julien
    Leave to appeal I am satisfied that premises, within the meaning of Rule 180(2), does not ? Local Government Act 1993 (NSW) premises were considered to include those yards that surrounded a house). 6
  • .pdf Precedent of decision 569.pdf (1947 KB)
  • 567 Thoroughbred
    Alana Sansom
    Conduct It should not be taken that the process of fixing a penalty would in every case? proper penalty. there simply needs to be a starting point and a finishing point. 4
  • .pdf Precedent of decision 567.pdf (1089 KB)
  • 565 Thoroughbred
    Paul King
    Conduct The correct approach in considering penalty on appeal does not involve precise comparison with other cases? I have used the terminology of sub-categories of culpable riding. However, the issue did not squarely arise for determination in that case. 4
  • .pdf Precedent of decision 565.pdf (1628 KB)
  • 558 Thoroughbred
    Maxwell Keith Roney
    Conduct In my opinion, the request made of Mr Roney was unlawful. It was unlawful because Mr Roney? Certainly Mr Roney failed to obey the direction of Mr O'Reilly. But the direction was not a proper one. For that reason, ground 1 is made out. 7
  • .pdf Precedent of decision 558.pdf (2300 KB)
  • 556 Thoroughbred
    Dean Capelli
    Neven Botica
    Gary Johnson
    Prohibited substances 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. 6 (8/07/05), 2 (25/02/02)
  • .pdf Precedent of decision 556.pdf (5077 KB)
  • 555 Thoroughbred
    Daniel Staeck
    Conduct There is no room in racing for licensed persons to engage in fisticuffs anywhere ata a race course? However, it is far from 'a most serious' offence as the Stewards claimed, when compared to some others. There is merit in the second ground of appeal. 4
  • .pdf Precedent of decision 555.pdf (942 KB)
  • 553 Greyhound
    Wayne Rose
    Conduct I am satisfied in all circumstances Mr Rose's language was not improper. The expression of disappointment in? Sestich (Appeal 469), where the appeal succeeded against the conviction, Claite (Appeal 501) and Hawkins (Appeal 522). 4
  • .pdf Precedent of decision 553.pdf (1297 KB)
  • 549 Thoroughbred
    Elizabeth Strempel
    Prohibited substances Secondly as a matter of policy, the evidence should be given little weight. That is because? measurement or doubt about the reliability of the analysis process by the laboratories which carry out the testing. 8 (Mr Hogan) and 2 (Mr D Mossenson)
  • .pdf Precedent of decision 549.pdf (5904 KB)
  • 547 Thoroughbred
    Paul James Harvey
    Conduct There may be some cases coming before the Tribunal where reference to an objection transcript does have ? proving guilt to the requisite standard (Errol Warren Bartlett-Torr v John Graham Magden WASC Appeal No 1081 of 1993). 2 and 5
  • .pdf Precedent of decision 547.pdf (3760 KB)
  • 541 Harness
    Glen David Richards
    Conduct I do not agree with the proposition put forward by Mr Margaretic, counsel for the appellant, that a charge under Rule 243 could not? suggestion that such use caused suffering (and not injury) to the horses in question. 5
  • .pdf Precedent of decision 541.pdf (2189 KB)
  • 536 Greyhound
    Shane Andrew Beard
    Prohibited substances In this appeal, counsel for the appellant tendered to us reports of penalties imposed for similar offences in other states? opinion that nothing has been demonstrated to indicate that the Western Australian approach is not the one to be followed. 8
  • .pdf Precedent of decision 536.pdf (3836 KB)
  • 535 Thoroughbred
    Clifford Lindsay Smith
    Conduct In passing, I would comment that there was some strength in the Appellant's argument that his mind was otherwise? unecessary pressure on trainers or other connections which could be alleviated by the provision of an alternative set of numbers. 5
  • .pdf Precedent of decision 535.pdf (1856 KB)
  • 529 Thoroughbred
    Hector Mclaren
    Prohibited substances In my view, this is not an appropriate case in which to undertake that exercise. The prohibited substance dealt with? confined to prohibited substances of the type in that case. It has no application to the facts of this case. 12
  • .pdf Precedent of decision 529.pdf (3914 KB)
  • 524 Thoroughbred
    George Norman Davies
    Conduct It is the first matter to be dealt with by the Tribunal since mandatory penalties were deleted from the Rules of Harness Racing? Equating or contrasting driver's penalties with those of trainers serves little if any useful purpose. 8 and 12
  • .pdf Precedent of decision 524.pdf (1528 KB)
  • 522 Thoroughbred
    Kristian Hawkins
    Prohibited substances The additional information which has been supplied is helpful. The cooperation of all those who have assisted? of this nature involving positive samples for amphetamines has been subject to scrutiny on appeal. 8
  • .pdf Precedent of decision 522.pdf (3482 KB)
  • 519 Thoroughbred
    Shane Quilty
    Conduct It is not altogether uncommon for a panel comprising only 1 Steward to be referred to as 'the Stewards' in view? of the riding in question from having been improper and deserving of punishment. 6 and 7
  • .pdf Precedent of decision 519.pdf (1994 KB)
  • 518 Thoroughbred
    Paul James Harvey
    Conduct In the end I was satisfied that Mr Harvey should have the benefit of any doubt arising out of the ambiguity and? Subject to the amount of time this penalty was stayed, the 22 days continue until their effluxion. 17
  • .pdf Precedent of decision 518.pdf (6803 KB)
  • 517 Harness
    Kevin Nolan
    Prohibited substances There is no merit in the argument regarding the appellant's state of mind (detailed written submission 4). In most cases? a horse for racing with a level of prohibited substance above the maximum permitted level'. (p33 para 174) 13
  • .pdf Precedent of decision 517.pdf (7707 KB)
  • 512 Thoroughbred
    Paul James Harvey
    Conduct This appeal raises, possibly for the first time, the need for the tribunal to closely consider the functions of and role played by the Stewards in racing? (ie the Steward) the primary responsibility for fact gathering and presentation. 13, 15 and 16
  • .pdf Precedent of decision 512.pdf (7743 KB)
  • 510 Harness
    Ross Albert Olivieri
    Prohibited substances This means that despite the fact the Oliveri inquiry ran for a lengthy period after the introduction of the new rules? then existing rules or to change any of the Rules. The Stewards cannot be criticised for the actions or inactions of the Committee. 2
  • .pdf Precedent of decision 510.pdf (11314 KB)
  • 507 Greyhound
    Christine Robartson
    Prohibited substances The fact that the offence rule now compared to the equivalent previous one is expressed differently does not in the circumstances of this case justify? other trainers with impeccable records were meted out disqualifications for anti-inflammatories. 14
  • .pdf Precedent of decision 507.pdf (4597 KB)
  • 506 Thoroughbred
    Terrence George Tapper
    Prohibited substances As quoted above, in pronouncing guilt, all the Stewards said in effect was Mr Tapper was the trainer at the time the horse? I am satisfied that it cannot be said that the defence is open to Mr Tapper in all of the circumstances. 5, 10 and 11
  • .pdf Precedent of decision 506.pdf (4771 KB)
  • 500 Greyhound
    Enzo Crudeli
    Prohibited substances In this matter the drug found was not therapeutic and as the Stewards acknowledged in their reasons was a stimulant? nevertheless the penalty imposed does seem to be within a broad national tariff. 5
  • .pdf Precedent of decision 500.pdf (2291 KB)
  • 498 Thoroughbred
    Trevor Holly
    Conduct Stewards adjusted the penalty to accommodate the fact that there was the element of provocation involved and that this behaviour was? more serious offences rather than less serious offences which justify lesser penalties by way of monetary impositions. 3
  • .pdf Precedent of decision 498.pdf (894 KB)
  • 494 Greyhound
    Miranda Rosita Magdalena Houghton
    Conduct In this case, it is our opinion that the material before us demonstrates an error of principle on the part of the Stewards who imposed the penalty?That approach is wrong and demonstrates an error of the principle. 5
  • .pdf Precedent of decision 494.pdf (2283 KB)
  • 490 Thoroughbred
    James Wallace Lemon
    Conduct As to penalty, I am satisfied for all the particulars set out in ground 5 of the appeal that the penalty was manifestly excessive? I therefore allow the appeal against penalty and substitute this penalty in lieu of the 2 months suspension. 4
  • .pdf Precedent of decision 490.pdf (1096 KB)
  • 479 Thoroughbred
    Gregory Harper
    Prohibited substances Therefore there is no entitlement to legal representation. Mr Davies QC submitted? legal representation at an inquiry but rather states that there is no actual entitlement to such representation. 39
  • .pdf Precedent of decision 479.pdf (14405 KB)
  • 470 Harness
    John Ellis
    Prohibited substances Assuming that this is how the drug came to be administered to the horse the Tribunal does not find that this amounts to? little room to give much recognition to mitigating factors in particular cases. 4
  • .pdf Precedent of decision 470.pdf (1032 KB)
  • 468 Thoroughbred
    Peter Benjamin Farrell
    Conduct The practice of this Tribunal for at least the last 12 months has been to refuse to refund the lodgement fee irrespective of... lodgement fees is not to be taken as a precedent or any change by the Tribunal to its current policy regarding ordering refunds. 7
  • .pdf Precedent of decision 468.pdf (1629 KB)
  • 467 Thoroughbred
    Bruno Moteleone
    Prohibited substances In our opinion, it is an error of principle to impose a penalty at the highest end of the range,? the Stewards took caused them to give insufficient weight to the mitigatory factors that have been mentioned. 2
  • .pdf Precedent of decision 467.pdf (8510 KB)
  • 454 Thoroughbred
    Damian Miller
    Conduct ?One can understand the Stewards being somewhat cautious in trying to take that into account in? the submissions put up, which are rather technical in nature, by Mr Price is that there is no power to do it and it shouldn't have happened. 2-Mar
  • .pdf Precedent of decision 454.pdf (1044 KB)
  • 451 Harness
    Robert Sangalli
    Conduct I am further satisfied that in an inquiry of this nature and pursuant to the Rules of Harness racing,? must be considered in light of the public interest and the obligation of the Stewards to deal with inquiries expeditiously. 5
  • .pdf Precedent of decision 451.pdf (2086 KB)
  • 448 Harness
    David Sheehy
    Leave to appeal An illustration of the importance which the industry places on determinations relating to protests, regulations? admissibility of evidence will bind the operation of a domestic tribunal, such as the Stewards. 5
  • .pdf Precedent of decision 448.pdf (1906 KB)
  • 441 Thoroughbred
    Robert Charles McPherson
    Prohibited substances In the letter an argument was advanced that in order for a full evaluation to be made of the findings reported? or not to have been present at sufficient concentration to have affected the performance of the horse in the race in question'. 3
  • .pdf Precedent of decision 441.pdf (3862 KB)
  • 436 Thoroughbred
    David Andrew O'Heare
    Conduct The connection here with racing, is that four of the persons who arrived that night in the vehicle together were licensed apprentices,? It would matter not in my view that each individual was bound together in a common cause so to speak. 2
  • .pdf Precedent of decision 436.pdf (965 KB)
  • 426 Thoroughbred
    Peter Giles Graham
    Prohibited substances I am not persuaded that a fine is appropriate in circumstances of a repeat offender such as Mr Graham? satisfied in the case of a repeat offender that the penalty is appropriate and that the Stewards have not erred in their handling of the matter. 9
  • .pdf Precedent of decision 426.pdf (3128 KB)
  • 424 Thoroughbred
    David Andrew O'Heare
    Conduct One thing that is clear, in my view, is that the range of conduct which can be punished under Rule 137A is indeed wide? offence in the highest category of seriousness, both by his description of the offence and the penalty which he imposed. 2
  • .pdf Precedent of decision 424.pdf (668 KB)
  • 423 Thoroughbred
    Clint Kenneth Harvey
    Conduct In view of the fact that a stay was initially refused Apprentice Harvey has already served a suspension from after the time? circumstances and the fact that the majority of offenders who have breached the Rule in the past have been fined. 8
  • .pdf Precedent of decision 423.pdf (2279 KB)
  • 421 Greyhound
    Phillip Evans
    Conduct An analysis of the Stewards reasons for imposing a six months warning off penalty does not? The effect of a disqualification on a registered person must be much greater than the effect of warning off on an unregistered person. 8
  • .pdf Precedent of decision 421.pdf (3353 KB)
  • 418 Thoroughbred
    Robert Wayne Matthews
    Leave to appeal After giving the matter some consideration, I am not persuaded that it is appropriate or possible for? circumstances it would be appropriate to make the sort of order which Mr Matthews contemplates in the matter. 2
  • .pdf Precedent of decision 418.pdf (860 KB)
  • 416 Thoroughbred
    R E Roney Nominees Pty Ltd Syndicate
    Peggy Fowles
    Raymond Frederick Green
    Leave to appeal This application is to be determined under sections 13(1)(d) and 13(2)(b) of the Racing Penalties (Appeals) Act?. an exercise of discretion, it is appropriate to take into account the prospects of success, should leave be granted. 5
  • .pdf Precedent of decision 416.pdf (1566 KB)
  • 415 Greyhound
    Barry McPherson
    Conduct In Gerard O'Keefe's appeal (205 heard 6 July 1994) there is reference to the fact? there is any doubt in the Steward's opinion that the greyhound fought, the greyhound would always get the benefit of the doubt.' 4
  • .pdf Precedent of decision 415.pdf (1134 KB)
  • 413 Thoroughbred
    Stephen James Miller
    Conduct The Stewards in so concluding clearly were not saying that Mr Miller should have thrashed his mount? Whilst not strictly obliged to do so the Stewards in dealing with this matter have given reasons for their decision. 12 and 15
  • .pdf Precedent of decision 413.pdf (7035 KB)
  • 403 Thoroughbred
    George Lionel Way Jnr
    Conduct The punishment of warning off is equivalent to and operates like the penalty of disqualification as AR183 specifies:? and racecourse investigators in order to begin to properly appreciate the purpose and effect of a disqualification. 18 and 38
  • .pdf Precedent of decision 403.pdf (948 KB)
  • 402 Harness
    Allan Christopher Lewis
    Conduct Each offence has to be considered on the facets of each particular offence and offender? antecedents of the offender, the offender's previous record (if any) and the effect the suspension may have on the offender. 3
  • .pdf Precedent of decision 402.pdf (1085 KB)
  • 400 Thoroughbred
    Ricky James Farrell
    Conduct If the phrase "or elsewhere" is given its ordinary meaning, I am of the view that it makes the Rule applicable anywhere? would seem to me to make no difference that those others may also have been guilty of some wrong doing. 3
  • .pdf Precedent of decision 400.pdf (1332 KB)
  • 395 Harness
    James Currie
    Prohibited substances In our view it would be wrong for trainers or any other persons charged under Rule 497? clearly came within that definition. 11, 15, 16 and 20
  • .pdf Precedent of decision 395.pdf (7710 KB)
  • 393 Thoroughbred
    Peter Knuckey
    Conduct In those circumstances, I am satisfied that Stewards erred in finding the Appellant guilty as charged? circumstances, I would have been satisfied that a penalty in the range of 7 to 21 days suspension may have been an appropriate penalty on conviction. 2
  • .pdf Precedent of decision 393.pdf (681 KB)
  • 386 Thoroughbred
    Paul James Harvey
    Conduct Those cases are by no means exhaustive. Further, the determination of the appropriate penalty in any case? suspension for a jockey not without a previous conviction for improper riding is not so far outside the range as to manifest error. 4
  • .pdf Precedent of decision 386.pdf (1224 KB)
  • 385 Harness
    Jason Judd Craig
    Conduct The appropriate result in all of the circumstances is to uphold the appeal but to do so with the direction to the Stewards? mindful of the Harney decision and exercise appropriate care in formulating any new charge which may be laid. 3
  • .pdf Precedent of decision 385.pdf (800 KB)
  • 384 Harness
    Lindsay Harper
    Prohibited substances However, it is my understanding that the issue is whether or not the Appellant had direction or control of training?contradictory and repugnant to the Tribunal's previous decision in dismissing the Appellant's appeal against conviction. 4
  • .pdf Precedent of decision 384.pdf (2687 KB)
  • 383 Thoroughbred
    Kelvin Lindsay Moore
    Prohibited substances The Tribunal is satisfied that there was an error by the Stewards in handing down the penalty of 15 months disqualification? case, Tribunal considers an appropriate penalty should have been 12 months disqualification. 3
  • .pdf Precedent of decision 383.pdf (686 KB)
  • 380 Thoroughbred
    James John Enright
    Prohibited substances Having considered the Stewards' reasons for decision in imposing the penalty of twelve months disqualification,? on the evidence that he took all proper precautions to prevent the administration of the prohibited substance. 2 and 2(17-09-97)
  • .pdf Precedent of decision 380.pdf (2044 KB)
  • 379 Harness
    Jason Douglas Fry
    Conduct Having given the matter consideration I have come to the conclusion that in all of the special circumstances? a junior driver and the particular importance of him being able to drive in the Junior Drivers' race. 3
  • .pdf Precedent of decision 379.pdf (1104 KB)
  • 378 Thoroughbred
    Stefan Jozef Chomiak
    Conduct We have concluded that it is inappropriate in all circumstances to have imposed both a penalty of suspension?penalty for the suspension and fine imposed by the Stewards. The appeal as to penalty succeeds to that extent. 3
  • .pdf Precedent of decision 378.pdf (1008 KB)
  • 376 Thoroughbred
    David Andrew O'Heare
    Conduct I was persuaded that the concerns expressed by senior counsel were justified and that the relief sought on? matter it is worthwhile to refer briefly to the role of the Tribunal and the nature of the proceedings that come before it. 8
  • .pdf Precedent of decision 376.pdf (3058 KB)
  • 372 Thoroughbred
    John Pierre Claite
    Conduct ?it must be noted that during every Stewards' inquiry that leads to a charge being laid there is a shifting of roles by the Stewards as the process moves from the initial investigation stage through ... remain aloof and not enter the arena. 11
  • .pdf Precedent of decision 372.pdf (4170 KB)
  • 359 Thoroughbred
    Gavin Slater
    Prohibited substances At all times throughout the Stewards' inquiry the appellant was co-operative? including his volunteering of information. The circumstances of the administration are known and are not disputed due to Mr Slater's full co-operation in this regard. 3 (Mr A Monnisse), 14 and 23 (Mr D Mossenson)
  • .pdf Precedent of decision 359.pdf (8634 KB)
  • 356 Thoroughbred
    Troy Morrissey
    Conduct I do not in this case and I do not think in most cases, would I consider imposing a penalty if an appeal was successful,? considering the facts that were before the Stewards, I am satisfied that an appropriate penalty is fourteen days suspension. 2
  • .pdf Precedent of decision 356.pdf (580 KB)
  • 349 Greyhound
    Alex James Lindsay
    Conduct This argument relates specifically to the conviction of the appellant for breach of Rule 231(1)(d)? jurisdiction to consider the Dog Act when considering whether the acts of the appellant constituted a breach of Rule 231(1)(d) by being an improper act. 7
  • .pdf Precedent of decision 349.pdf (4684 KB)
  • 346 Greyhound
    Sharon Smith
    Prohibited substances In the circumstances, The Tribunal is persuaded that the decision of the Stewards should be set aside? 2
  • .pdf Precedent of decision 346.pdf (561 KB)
  • 344 Harness
    Frederick Charles
    Prohibited substances The meaning to the phrase "extenuating circumstance" has been considered in the case of ANDERSON v THE RACING PENALTIES APPEAL TRIBUNAL ? case of offences of the kind under consideration and which are unusual or exceptional in that sense." 3
  • .pdf Precedent of decision 344.pdf (1066 KB)
  • 342 Greyhound
    Paul Kaltisis
    Prohibited substances It appears that Mr Kaltsis had no idea how the drug came to be in the dog? greyhound racing in this State are bound by the local Rules and must comply with them until those responsible see fit to change them. 14 and 15
  • .pdf Precedent of decision 342.pdf (6546 KB)
  • 336 Thoroughbred
    Bradley Grant Ball
    Conduct The rule is particularly broad in its terms. As a general rule particularity is required when the rule or offence is broad in its terms, in order to ensure that the person charged is accorded procedural fairness 6
  • .pdf Precedent of decision 336.pdf (2521 KB)
  • 334 Harness
    Kellie Leanne Kersley
    Conduct Paragraph (a) is not a good basis for appealing. The charge was expressed to be a breach of Rule 440 and in any event, as I have? the Stewards to compare or contrast this incident with those recent ones which led to the 14 and 21 day suspensions. 4
  • .pdf Precedent of decision 334.pdf (1407 KB)
  • 332 Thoroughbred
    Paul James Harvey
    Conduct However, again I am of the view that the Stewards did not give adequate consideration to the standard of proof required?in relation to Jockey D Miller, buffeting to SUMMER BEAU was caused by Jockey Miller being where he should not have been. 5
  • .pdf Precedent of decision 332.pdf (1624 KB)
  • 331 - Leave to Appeal Harness
    G Lilleyman
    D Lilleyman
    R Ritchie
    Leave to appeal As the Chairman stated in Cooper & Baker, leave should not be granted where an aggrieved appellant disagrees? concept of special or unusual circumstances as required for an exercise of discretion under section 13(1)(d). 2
  • .pdf Precedent of decision 331 - Leave to Appeal.pdf (836 KB)
  • 330 - Leave to appeal Thoroughbred
    Julie Scarvaci
    Leave to appeal Once it be accepted, as a matter of law that the trainer is the agent of the owner, the the requirements of natural justice have been met? case leads to the conclusion that this proposed ground of appeal would in all probability fail. 4
  • .pdf Precedent of decision 330 - Leave to appeal.pdf (980 KB)
  • 319 Thoroughbred
    Rickie George Brown
    Prohibited substances This Tribunal carefully examined penalties in drug cases in its decision of O'Donnell. As I stated in? such special circumstances apply which would result in the imposition of a disqualification period being a manifestly excessive penalty. 9 (Ms Hogan)
  • .pdf Precedent of decision 319.pdf (8272 KB)
  • 315 Greyhound
    Anthony John Campbell
    Conduct I am satisfied that the appellant Campbell's participation in the hearings before the Stewards was clearly fettered? no real opportunity to present his case or attack the evidence against him. 4
  • .pdf Precedent of decision 315.pdf (452 KB)
  • 312 Greyhound
    Allan James Reekie
    Conduct The Rules of Evidence allow the calling of a person as a witness, but unless there are special provisions? person called as a witness cannot be compelled to answer questions put in the form of cross-examination by the person calling the witness. 3
  • .pdf Precedent of decision 312.pdf (2636 KB)
  • 310 Harness
    Craig R Goldfinch
    Conduct The setting of penalties for these types of offences is not an exact science. The Rules do not prescribe? The Stewards have a discretion pursuant to Rule 447 to impose such penalty as they think fit. 2
  • .pdf Precedent of decision 310.pdf (582 KB)
  • 309 Thoroughbred
    Christopher George Willis
    Prohibited substances All of these distinguishing features mean that the exercise of equating or comparing riding offences with training offences from a punishment? or submission by or on behalf of the Stewards in appeals which I have chaired. 18 (Mr D Mossenson)
  • .pdf Precedent of decision 309.pdf (11040 KB)
  • 307 Harness
    Lindsay Harper
    Conduct The Stewards normally read the provision out or allow it to be read at the time of framing the charge?precisely which offence he is being charged with provided that the charge is also adequately particularised. 5
  • .pdf Precedent of decision 307.pdf (1134 KB)
  • 306 Thoroughbred
    Peter Mancini
    Conduct In these circumstances the Tribunal cannot assess the appropriateness of the 18 month disqualification? and to require the Committee to issue reasons for and clarification of the 18 month disqualification. 8
  • .pdf Precedent of decision 306.pdf (791 KB)
  • 284 - Leave to Appeal Greyhound
    John Scerri
    Prohibited substances There is , in this Tribunal's opinion, no merit in the first ground of appeal about the amendment to the swab card? at a hearing of this nature and in this Tribunal's opinion there may be an arguable case that should be heard by a full Tribunal. 2
  • .pdf Precedent of decision 284 - Leave to Appeal.pdf (196 KB)
  • 284 Greyhound
    John Scerri
    Prohibited substances There is , in this Tribunal's opinion, no merit in the first ground of appeal about the amendment to the swab card? at a hearing of this nature and in this Tribunal's opinion there may be an arguable case that should be heard by a full Tribunal. 2
  • .pdf Precedent of decision 284.pdf (196 KB)
  • 252 Thoroughbred
    Kenneth Nightingale
    Conduct Counsel for the appellant has also argued that the finding of the Stewards was not, as a matter of law, a breach of Rule 175(a) as the appellant's knowledge? state of affairs which includes a state of knowledge, as was proved in this case. 2
  • .pdf Precedent of decision 252.pdf (136 KB)
  • 250 Thoroughbred
    Spencer Keith Knight
    Conduct We are of the opinion that the facts did not support a charge or conviction under Australian Rule of racing 137A(1)...Australian Rule of Racing 137A(2) which in its own terms relates to the rider's own horse. 2
  • .pdf Precedent of decision 250.pdf (164 KB)
  • 245 Thoroughbred
    Peter Geoffrey Cribb
    Conduct The Victorian legislation was considered in the case of DPP v COSTER...."discussion related to prices" did not lend the required certainty to the transaction to characterise it as a bet. 7 and 9
  • .pdf Precedent of decision 245.pdf (1060 KB)
  • 241 Harness
    Lindsay Harper
    Conduct This empowers the tribunal to declare a decision made contrary to natural justice void? it was not appropriate for this matter to be directed back to the Stewards. The appeal was upheld and the conviction was quashed. 3
  • .pdf Precedent of decision 241.pdf (410 KB)
  • 239 Thoroughbred
    Gregory Harper
    Leave to appeal Both Mr Powrie and Mr Goddard are officers of the Turf Club. Both had legitimate reason to be in and about? relevant and was the basis upon which the Committee was entitled to arrive at the decision which it did. 4 and 6
  • .pdf Precedent of decision 239.pdf (321 KB)
  • 237 Thoroughbred
    Maurice Carl Thornley
    Leave to appeal Careful consideration has been given to the submissions which have been made by both sides. It has not been? The Tribunal should not usurp the position of the Committee in regards to the licensing of jockeys. 1
  • .pdf Precedent of decision 237.pdf (152 KB)
  • 236 Thoroughbred
    Damian Miller
    Conduct This is a serious offence which normally does result in a relatively lengthy suspension. The Tribunal is influenced by the relatively tender age? considers that a three week suspension is appropriate. The penalty is varied accordingly. 2
  • .pdf Precedent of decision 236.pdf (173 KB)
  • 235 Harness
    Peter Leslie Anderson
    Conduct It is clear that the action taken by Mr Anderson in failing to attend the trophy presentation was premeditated? in terms of Rule 474 as being detrimental to the interests of the sport of harness racing. 2
  • .pdf Precedent of decision 235.pdf (137 KB)
  • 215 Thoroughbred
    David Harrison
    Prohibited substances As has previously been stated that order specifically quashes the determination of the Stewards in disqualifying ? is thereby disqualified public confidence in this industry is shattered. The damage to the industry is incalculable. 15 and 23 (Mr D Mossenson) and 6, 7, 9 and 42 (Mr L B Robbins)
  • .pdf Precedent of decision 215.pdf (5344 KB)
  • 209 Thoroughbred
    David Harrison
    Prohibited substances In Frank Henry Maynard v Racing Penalties Appeal Tribunal of Western Australia and Ian Paterson, John Anthony Zucal, Graeme Eric Bennirer, Lindsay Arthur Wagener (No 1686 of 1993)? inquiry on the basis that they were actually addressing that issue. 2
  • .pdf Precedent of decision 209.pdf (305 KB)
  • 208 Thoroughbred
    Robert Charles McPherson
    Prohibited substances That application was considered by the Chairman, Mr Mossenson, on the same day. The appellant now applies again for?.Western Australia itself. A fine is the appropriate penalty for the type of offence committed in this case. 2 (12-07-94), 3 and 4 (27-07-94) and 11 (22-03-95)
  • .pdf Precedent of decision 208.pdf (2676 KB)
  • 206 Thoroughbred
    Gino Peter Poletti
    Prohibited substances We are of the view that the reduction in penalty in this case, by way of mitigation, was inadequate. The tribunal will always? in this case, we are of the view that a fine should have been imposed by way of penalty in this case. 3
  • .pdf Precedent of decision 206.pdf (229 KB)
  • 205 Greyhound
    Gerard O'Keefe
    Conduct For the purpose of clarifying confusion amongst the greyhound fraternity the following was published:...The Stewards do require the formation of an opinion that the greyhound both turned its head and made muzzle contact. 2
  • .pdf Precedent of decision 205.pdf (153 KB)
  • 202 Thoroughbred
    Frank Maynard
    Prohibited substances The wide powers conferred on the Tribunal in s17 indicate that the Tribunal make up its own mind on the issues before it on a rehearing? "point irresistibly" to an appeal being by way of a rehearing (Re Coldham; Ex Parte Brideson (1990) 170 CLR 267). 6
  • .pdf Precedent of decision 202.pdf (454 KB)
  • 198 Harness
    Bruce Whiteman
    Prohibited substances We are persuaded, however, that there are some special circumstances which justify our interfering with the penalty? we do consider that a disqualification for a period of one year is appropriate. 1
  • .pdf Precedent of decision 198.pdf (319 KB)
  • 195 - Leave to Appeal Thoroughbred
    Peter Giles Graham
    Leave to appeal After hearing further submissions from counsel and upon reflection I was not persuaded that it was desirable? remove it from the "run of the mill" matters. The application does meet the test specified in the Cooper and Baker matter. 3 and 4
  • .pdf Precedent of decision 195 - Leave to Appeal.pdf (263 KB)
  • 195 Thoroughbred
    Peter Giles Graham
    Leave to appeal After hearing further submissions from counsel and upon reflection I was not persuaded that it was desirable? remove it from the "run of the mill" matters. The application does meet the test specified in the Cooper and Baker matter. 3 and 4
  • .pdf Precedent of decision 195.pdf (655 KB)
  • 191 Thoroughbred
    Paul James Harvey
    Conduct We are of the opinion that the penalty in this case was so excessive as to manifest error. The offence may be categorised? For that reason we reduce the penalty to a period of 4 weeks suspension to run from today's date. 3
  • .pdf Precedent of decision 191.pdf (160 KB)
  • 189 Thoroughbred
    Colin Cousins
    Conduct In all the circumstances the Tribunal is of the view that the penalty imposed was excessive. This is so particularly?be reduced to one of three months disqualification and to that extent this appeal against penalty is allowed. 3
  • .pdf Precedent of decision 189.pdf (183 KB)
  • 143 Thoroughbred
    Dan Miller
    Conduct Mr Brockman's evidence supports this action and the Stewards concede that the use of the whip is not an essential element... wrongly based and that the Appellant rode the horse out to the finish even though he had ceased to use the whip. 2
  • .pdf Precedent of decision 143.pdf (106 KB)
  • 139 Harness
    Colin David Brown
    Conduct The Tribunal is satisfied that the Stewards are entitled to run their inquiries as they choose,? Stewards are empowered to fulfil various and inconsistent roles, does not constitute an infringement of the rules of natural justice. 2
  • .pdf Precedent of decision 139.pdf (157 KB)
  • 137 Thoroughbred
    Kay Miller
    Prohibited substances When we examine the evidence as to the procedure for feeding the horses in the Appellant's stables we detect? standards" (see Pyrah and Wilson per Mr K A Cullinane Q.C. Queensland reported in Racing Appeals Reports at page 175.) 2
  • .pdf Precedent of decision 137.pdf (184 KB)
  • 133 Thoroughbred
    Frank Maynard
    Prohibited substances The matter was remitted to the Tribunal to be dealt with in accordance with the reasons for? a code to regulate the domestic affairs of the racing industry and do not constitute statutory provisions or regulations. 1 (25-05-94) and 2 (6-07-93)
  • .pdf Precedent of decision 133.pdf (358 KB)
  • 130 Thoroughbred
    Edward Montgomery
    Conduct The Committee's decision to revoke the applicant's licence to train prevented him from pursuing his livelihood? he was given no opportunity to be heard and had no opportunity to refute the adverse allegations against him. 2
  • .pdf Precedent of decision 130.pdf (114 KB)
  • 126 Harness
    Trevor Warwick
    Prohibited substances Under Rule 364A the onus is upon the trainer to satisfy the stewards that he took all reasonable and proper precautions to prevent administration of a drug...... 5-Jun
  • .pdf Precedent of decision 126.pdf (922 KB)
  • 116 Thoroughbred
    Allan John Watson
    Prohibited substances It is the unanimous decision of the Tribunal that upon consideration of the detailed submission made? decided cases are persuasive. We do not find any reason to depart from the applied wisdom of these authorities. 2
  • .pdf Precedent of decision 116.pdf (86 KB)
  • 115 Harness
    Avon Macomish
    Prohibited substances ?In his detailed reasons for decision His Honour Chief Justice Malcom identified the approach which was above the level which had been prescribed by the Controlling Body? 7-11 (D Mossenson Reasons)
  • .pdf Precedent of decision 115.pdf (837 KB)
  • 106 Thoroughbred
    John Macmillan
    Prohibited substances The fact that there appears to be no industry guidelines regarding supervision,... Despite the lack of guidelines, the Tribunal has come to the conclusion that the appeal should fail. 2
  • .pdf Precedent of decision 106.pdf (141 KB)
  • 017 Thoroughbred
    George Lionel Way Jnr
    Prohibited substances I accept the submission of Counsel for the respondent that on race days horses should be supervised more closely than on days when? evidence establishes that he was careless or indifferent in relation to the two horses in question. 24
  • .pdf Precedent of decision 017.pdf (724 KB)
  • 003 Greyhound
    James Andrew Millsteed
    Conduct The appellant should have been given the opportunity of presenting his defence; and... 3
  • .pdf Precedent of decision 003.pdf (86 KB)
  • 002 Greyhound
    Maxwell Roy Taylor
    Conduct Although it is not necessary for the decision the Tribunal finds, on the basis of information presented that the hearing which took place before the Stewards in this matter was not a fair hearing...., 2
  • .pdf Precedent of decision 002.pdf (87 KB)
  • 001 Thoroughbred
    Michael Lawrence Lane
    Conduct Upon a proper consideration of all the relevant factors including:? the suspension should be varied so that it shall operate from 13 April 1991 and shall terminate at midnight on 26 April 1991. 3
  • .pdf Precedent of decision 001.pdf (80 KB)
  • Page reviewed 18 July 2022