On 1 November 2017, the Victorian Civil and Administrative Tribunal (VCAT) released its decision in relation an application lodged by Mr Luke Kilduff against a decision by the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board regarding charges issued by HRV Stewards.
Background
On 9 March 2017, the VCAT heard an application for review of Mr Luke Kilduff in regard to the decision of the HRV RAD Board of 4 August 2016 to impose an 18 month disqualification upon Mr Kilduff regarding a breach of the Australian Harness Racing Rules (AHRR) 190(1), 190A(1)(a) and 190AA(1) and (2). All charges related to the alleged presence of testosterone above the relevant threshold in samples collected from the Luke Kilduff trained horse ‘United Legacy’. The details of the HRV RAD Board hearing of 3 and 4 August 2016 can be viewed here.
At the VCAT Hearing, the presiding Senior Member Mr Gerard Butcher heard evidence from HRV Stewards and Mr Kilduff as well as expert evidence from Mr Paul Zahra (Scientific Manager – Racing Analytical Services Limited), Associate Professor Cate Steel (University of Melbourne), Professor Ted Whittem (University of Melbourne), Dr Andrew Clarke and Dr Steven Barker (Louisiana State University School of Veterinary Medicine).
Upon consideration of this evidence and submissions by counsel from both parties, Senior Member Gerard Butcher affirmed the decision of the HRV RAD Board in that he found that Mr Kilduff administered or caused to be administered an anabolic androgenic steroid, namely testosterone propionate, to the horse ‘United Legacy’ between 1 May 2014 and 26 August 2015.
Mr Butcher directed that a hearing date be set for submissions from both parties in regard to penalty.
The details of the VCAT decision on 1 November 2017 can be viewed here.
