On 23 March 2017, the Victorian Civil and Administrative Tribunal (VCAT) heard the application for review of the Harness Racing Victoria (HRV) Stewards in regard to a decision of the HRV Racing Appeals and Disciplinary (RAD) Board from 5 October 2016. On 5 October 2016 the HRV RAD Board issued disqualified person Andrew Vozlic with a fine of $2000 relating to an offence committed under Australian Harness Racing Rule (AHRR) 259 (1) (a) which reads as follows:
259 (1) A disqualified person or a person whose name appears in the current list of disqualifications published or adopted by a recognised harness racing authority or a person warned off cannot do any of the following –
(a) associate with persons connected with the harness racing industry for purposes relating to that industry;
The charges related to Mr Vozlic, at the relevant time serving a five year disqualification, providing farrier services for licensed trainers Malcolm Retallick and Murray Jardine.
The written decision of the HRV RAD Board for this matter can be found here.
At the hearing held on 23 March 2017, the HRV Stewards applied only for a review against the penalty imposed under AHRR 259 (1) (a). After considering submissions from Adrian Anderson, appearing for the HRV Stewards and Alex Jardine, appearing on behalf of Mr Vozlic, VCAT Acting President Her Honour Judge Hampel, set aside the penalty imposed by the HRV RAD Board and substituted a penalty of 12 months disqualification. Her Honour indicated that in these circumstances a period of disqualification was appropriate; having view of the fact that Mr Vozlic was already serving an existing disqualification. Her Honour also highlighted the importance of deterrence, both general and specific, along with the significance of integrity to the harness racing industry.
Her Honour ordered that the 12 month period of disqualification shall commence on 5 December 2017, which is at the completion of Mr Vozlic's current period of disqualification.
The decisions of VCAT can be found here.
