On 13 February 2019, the Victorian Civil and Administrative Tribunal (VCAT) heard an application for review of licensed trainer-driver John Justice in respect of the decision of the HRV Racing Appeals and Disciplinary (RAD) Board of 20 September 2018 to impose penalties upon Mr Justice regarding breaches of the Australian Harness Racing Rules (AHRR). The details of the HRV RAD Board hearing of 20 September 2018 can be viewed here.
Background
The rule breaches relate to the observations of HRV Stewards during a stable inspection at the registered stable of Mr Justice on 27 January 2018. Mr Justice was observed preparing to stomach tube the horse ‘Carload’, prior to that horse’s engagement in Race 1 at Tabcorp Park Melton that evening.
Mr Justice later gave evidence at a Stewards inquiry that he planned on scratching ‘Carload’ due to welfare concerns he had for the horse, evidence he knew to be false.
VCAT Hearing
At the VCAT Hearing on 13 February 2019, Senior Member Anna Dea heard submissions from Dayle Brown, on behalf of the HRV Stewards, and Damien Sheales, on behalf of Mr Justice. These submissions included an agreed statement of facts, which resulted in charge 2 being withdrawn. At the conclusion of the hearing, Senior Member Dea reserved her decision.
VCAT Decision
On 27 February 2019, Senior Member Dea affirmed the decision of the HRV RAD Board to impose a 12 month disqualification under AHRR 193(1) and ordered it to commence on 13 February 2019.
The full written VCAT decision of 27 February 2019 can be viewed here.
