Over the past two days – April 9 and 10, the Victorian Civil and Administrative Tribunal (VCAT) have conducted a review hearing in the case involving Mr. Eric Anderson, Mr. Glenn Douglas and Dr. Sarah Jalim. Below outlines an overview of the hearing. A final decision regarding penalty will be handed down by His Honour Judge Nixon on Tuesday 15 April 2014.
On 5 March 2014, the HRV Racing Appeals and Disciplinary (RAD) Board imposed a 6 month disqualification upon Mr Eric Anderson and Mr Glenn Douglas with regard to various offences found to have been committed against the Australian Rules of Harness Racing (ARHR).
Mr Anderson and Mr Douglas both applied to the Victorian Civil and Administrative Tribunal (VCAT) for review of the HRV RAD Board decisions on the grounds the penalty imposed upon them was excessive. HRV Stewards also lodged cross-applications for review to the VCAT on the grounds the penalties imposed by the HRV RAD Board were inadequate.
Prior to the VCAT review hearings Mr Glenn Douglas amended his application and indicated an intention to contest 3 of the 11 charges issued against him as well as apply for review of the penalty imposed.
At the VCAT review hearings held on 9 and 10 April 2014, the VCAT heard evidence from Dr Sarah Jalim, Mr Glenn Douglas and Mr Eric Anderson. The VCAT also received into evidence a statement from Dr Kathryn McIntosh tendered to the VCAT by the legal representative of Mr Douglas and Mr Anderson. The VCAT also received into evidence the statements of HRV witnesses Mr Nicholas Murray (Deputy Chairman of Stewards), Mr Stephen Svanosio (Assistant Steward), Mr Andy Rogers (General Manager – Integrity), Mr Anthony Pearce (Investigative Steward), Dr Daniel Carmody (HRV veterinary consultant) and Mr Paul Zahra (Racing Analytical Services Limited Scientific Manager).
At the conclusion of the evidence, Mr Douglas discontinued his contesting of one of the charges and the VCAT considered the remaining two charges being contested under ARHR 187(6) and 105(5) which provide:
ARHR 187(6)
A person shall not frustrate or endeavour to frustrate an inquiry or investigation.
ARHR 105(5)
The owner or authorized agent or other person in charge of a horse whose death has been notified, or which should have been notified, under sub rule (1)(a) shall not dispose of the carcass without the permission of the Controlling Body or the Steward.
The presiding member of the VCAT, His Honour Judge Nixon, determined that Mr Douglas was guilty of both charges and proceeded to hear submissions from all parties as to the appropriate penalty to be imposed upon Mr Anderson and Mr Douglas.
