VCAT Review Hearing – John McDermott

30 September 2015
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On 17 September 2015, the Victorian Civil and Administrative Tribunal (VCAT) heard the application for review of Mr John McDermott in regard to the decision of the HRV Racing Appeals and Disciplinary (RAD) Board on 17 June 2015 to impose a number of fines upon Mr McDermott regarding various breaches of the Australian Harness Racing Rules (AHRR).  The details of the HRV RAD Board hearing of 17 June 2015 can be viewed here.

The fines imposed by the HRV RAD Board on 17 June 2015 were as follows:

Breach 1 - AHRR 192(1) - $5,000 ($3,000 suspended)

Breach 2-5  -  ARHR 193(1)  - $2,000 for each offence

Breach 6 – ARHR 190B(1)(b) - $200

At the commencement of the hearing, the representative for Mr McDermott advised that the application for review would only proceed with respect to the penalties imposed for breaches 2-5, the offences committed against AHRR193(1) which provides:

AHRR 193(1)

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 review application was not continued with respect to the fines imposed for the other breaches against AHRR 192(1) and 190B(1)(b).

On 29 September 2015, the VCAT released its decision regarding the review application of Mr McDermott.  The VCAT varied the penalties imposed by the HRV RAD Board for breaches 2-5 under 193(1) to a $1,000 fine for each of the four offences.  The VCAT also ordered $2,000 of this total $4,000 fine imposed for breaches 2-5 be suspended for a period of 12 months.

Mr McDermott was therefore fined a total of $9,200 (with $5,000 suspended) for the 6 admitted breaches.

The full decision of the VCAT can be viewed here.

 

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