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VCAT Review Hearing – Andrew Vozlic
18 June 2012
On 15 June 2012 The Victorian Civil and Administrative Tribunal (VCAT) heard the application for review of Mr Andrew Vozlic in regard to the decision of the HRV Racing Appeals and Disciplinary (RAD) Board on 13 January 2012 in finding Mr Vozlic guilty of a breach of ARHR 190 (1) which reads as follows:
190 (1) A horse shall be presented for a race free of prohibited substances.
The rule breach related to a post-race blood sample that was collected from the horse Our Girl Dolly after it finished fifth in Race 2 at Mildura on 2 September 2011. Analysis of this sample revealed the sample to contain a TCO2 concentration in excess of the relevant threshold. Mr Vozlic withdrew his appeal in relation to conviction and sought only that the penalty imposed by the HRV RAD Board be reviewed.
After considering submissions from HRV Stewards and from Mr Vozlic’s legal representative Mr Damian Sheales, VCAT dismissed Mr Vozlic’s application and affirmed the decision of the HRV RAD Board to disqualify Mr Vozlic for a period of five years.
The presiding member, His Honour Senior Member Nixon, indicated in announcing the five year disqualification, that the penalty of the HRV RAD Board was just and proper, highlighting Mr Vozlic’s previous history of breaching the rule and Mr Vozlic’s conduct in ignoring TCO2 warning letters issued by Harness Racing Victoria as relevant factors in arriving at the decision.
Taking into account time already served, Mr Vozlic’s disqualification will expire on 4 June 2017.
