On 11 December 2019, the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board delivered its decision in relation to charges issued by HRV Stewards against licensed trainer-driver Ellen Tormey and licensed trainer-driver Glenn Douglas under Australian Harness Racing Rule (AHRR) 193.
Ms Tormey was charged with a breach of AHRR 193(7) which states:
A person shall not allow or permit another person to attempt to perform or perform any of the actions prohibited by sub-rules (1), (2) or (3).
Mr Douglas was charged with a breach of AHRR 193(1) which states:
A person shall not attempt to stomach tube or stomach tube a horse nominated for a race or event within 48 hours of the commencement of the race or event.
The charges relate to a stable inspection by HRV Stewards on 1 December 2018 at the registered training establishment of Ellen Tormey where it was alleged that Ms Tormey allowed Mr Douglas to stomach tube or attempt to stomach tube ‘The Boss Man’ which was engaged to compete in Race 4, the ‘TAB Inter Dominion Trotting Championship (1st Round Qualifying Heat 2) (Group 3)’ at Tabcorp Park Melton that night.
Decision
The HRV RAD Board found Ellen Tormey and Glenn Douglas guilty of the respective charges, stating “Taking into account, as a totality, all of the circumstantial facts that we have found proven we are unanimous in being comfortably satisfied that the combined weight of the combination of such facts supports the inference, on the balance of probabilities, that Mr Douglas stomach tubed The Boss Man on 1 December 2018 within 48 hours of when The Boss Man was scheduled to race”.
The HRV RAD Board further stated “Taking into account that Ms Tormey was the trainer of The Boss Man and therefore responsible for its care and treatment and that Ms Tormey and Mr Douglas were the only two people present in the stable area at the relevant time, we are unanimous in being comfortably satisfied on the required standard of proof that Ms Tormey allowed or permitted Mr Douglas to stomach tube The Boss Man”.
The matter is adjourned until a penalty hearing on 19 December 2019.