The Victorian Civil and Administrative Tribunal (VCAT) yesterday handed down its decision with regard to the penalty review hearings of Mr Eric Anderson and Mr Glenn Douglas against the decision of the HRV Racing Appeals and Disciplinary (RAD) Board to disqualify Mr Anderson and Mr Douglas for 6 months for offences against the Australian Rules of Harness Racing (ARHR) relating to an investigation concerning the horse Talk To The Hand.
Mr Anderson and Mr Douglas, through their legal representative Mr Sandy Robertson, argued the penalties imposed upon them were excessive. These review hearings were held in conjunction with review applications of the HRV Stewards who argued through their legal counsel, Mr Neill Murdoch SC, that the penalties applied by the HRV RAD Board were inadequate.
His Honour Judge Nixon, in delivering his decision, announced that he considered the offence seriousness to be in the high category and that he considered the most critical principles requiring consideration in the case to be denunciation, general deterrence and the preservation of the integrity of the harness racing industry. His Honour stated that public confidence in the harness racing industry is critical and that the giving of false evidence to Stewards could not be tolerated and must result in significant penalty being imposed.
His Honour remarked that the lies told by Mr Anderson and Mr Douglas surrounding the death and disposal of the horse Talk To The Hand were maintained until the bitter end and that such lies were told to deceive the Stewards.
His Honour indicated he gave consideration to the numerous references supplied in support of Mr Anderson and Mr Douglas which described their extensive involvement and success in the harness racing industry over a lengthy period of time, references which were not before the HRV RAD Board on 5 March 2014 when Mr Anderson and Mr Douglas appeared unrepresented.
His Honour found that in all of the circumstances of the case, the penalty of 6 months disqualification imposed by the HRV RAD Board upon Mr Anderson and Mr Douglas for their respective conduct was a just and appropriate penalty. His Honour confirmed the imposition of these penalties and taking into account time served (8 days), such periods of disqualification will expire as at 8 October 2014.
In arriving at this decision, His Honour noted that it should not be assumed in the harness racing industry that a period of 6 months disqualification is the ‘ceiling’ for penalties that may be handed down in circumstances where false evidence is provided to the Stewards or where persons frustrate or endeavour to frustrate investigations of the Stewards. His Honour also noted that in addition to the powerful references supplied, His Honour was also required to consider the evidence of Dr Sarah Jalim, as a result of the position of Mr Anderson and Mr Douglas that their conduct was in order to protect the interests of Dr Jalim. His Honour indicated he considered the evidence of Dr Jalim, both before the HRV RAD Board and the VCAT, regarding her inactivity (in reporting matters to the HRV Stewards) at a relevant time on the evening of 21 August 2013 at the Bendigo harness racing meeting, which resulted in her pleading guilty to a charge before the HRV RAD Board on 5 March 2014.
The full details of the original HRV RAD Board hearing can be viewed here
