On 1 November 2019, the Victorian Civil and Administrative Tribunal (VCAT) released its decision in relation to an application for review lodged by licensed trainer Jeff Tabone regarding a decision of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board on 1 May 2019.
Background
On 1 May 2019, Mr Tabone pleaded guilty at the HRV RAD Board hearing to a charge issued under Australian Harness Racing Rule 190(1), for presenting ‘The Thug NZ’ to race at Geelong on 25 October 2018 whilst not free of alkalinising agents, a prohibited substance when evidenced by a total carbon dioxide (TCO2) concentration in excess of 36 millimoles per litre in plasma. Mr Tabone was disqualified for a period of 3 years. The HRV RAD Board media release can be found here.
VCAT Hearing
On 18 July 2019, following Mr Tabone having changed his plea to not guilty, VCAT Senior Member Wentworth heard evidence from Veterinarian Dr Stephen Roberts, Veterinarian Dr Simon Pearce, Racing Analytical Services Limited (RASL) Scientific Manager Paul Zahra, Racing Science Centre Acting Manager of Veterinary Sciences Dr Karen Caldwell, HRV Veterinary Consultant Dr Richard Cust, HRV Senior Steward Kylie Harrison and HRV Investigative Steward Russell Anderson; along with submissions from Richard Ingleby of counsel for Mr Tabone and Adrian Anderson of counsel for HRV.
In the VCAT Decision dated 31 October 2019, Senior Member Wentworth affirmed the decision of the HRV RAD Board, finding Mr Tabone guilty of the relevant charge. The full VCAT decision can be viewed here.
Mr Tabone was denied a stay of proceedings and has been disqualified since the HRV RAD Board decision. An application to review the penalty will be heard by VCAT at a time and date to be fixed.
