4 February 2016
Stewards: D Farquharson, J Dart, N Torpey
Racing Queensland (RQ) Stewards today inquired into reports received from Stewards Paul Zimmermann and Michael Ross relating to an alleged incident which occurred during a stable inspection conducted on Saturday, 23 January 2016 at the stables of licensed trainer Travis Mackay.
Evidence was taken from Mr Mackay, Justin Abbott and Stewards Mr Zimmermann and Mr Ross relating to the events which transpired during the course of that stable inspection.
It was established that upon arrival at the premises, Stewards observed unlicensed person Mr Abbott ungearing the registered horse identified as SPARKLING CULLECT NZ subsequent to it engaging in trackwork. The trainer of the horse, Mr Mackay, was not present.
During the course of questioning by Stewards Mr Abbott made physical contact to the head region of Mr Zimmermann and made derogatory comments relating to another RQ Steward.
After consideration of the evidence tendered Mr Abbott was issued with charges for the contravention of the following rules:
Charge 1
“AHR 231 (1) A person shall not threaten, harass, intimidate, abuse, assault or otherwise interfere improperly with anyone employed, engaged or participating in the harness racing industry or otherwise having a connection with it.”
Charge 2
“AHR 231 (2) A person shall not misconduct himself in any way.”
The particulars of the charges being that on Saturday, 23 January 2016 at the stables of licensed trainer Mr Travis Mackay in the vicinity of the wash bay, Mr Justin Abbott assaulted RQ Steward Mr Paul Zimmermann by making physical contact to his head region. Furthermore, Mr Abbott misconducted himself by making derogatory comments to Mr Zimmermann and Mr Ross relating to another RQ Steward.
Mr Abbott pleaded not guilty to both charges.
After further consideration Stewards were of the view that both charges could be sustained as issued and Mr Abbott was formally found guilty of both Charge 1 and Charge 2.
Stewards considered Mr Abbott’s submissions regarding penalty and were also mindful of the manner in which he conducted himself throughout the inquiry and his remorse.
However, Stewards also considered the very serious nature of these charges and that any penalty imposed must be reflective of that and further serve as a deterrent to Mr Abbott and to others who may engage in that conduct.
After due consideration the following penalties were applied:
Charge 1 – 2 years disqualification
Charge 2 – 3 month disqualification
Stewards directed that both terms of disqualification be served concurrently effective immediately.
Mr Mackay pleaded guilty to a charge under AHR 90A(2.9)(a) which reads:
“90A (2.9) (a) The holder of a trainer's licence shall ensure that all persons carrying out the activities of a stable hand are licenced as stable hands.”
Mr Mackay was subsequently fined the sum of $300.
Mr Abbott and Mr Mackay were advised of their appeal rights.
