The Victorian Civil and Administrative Tribunal (VCAT) yesterday heard the application for review of Mr Boris Devcic in regard to the decision of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board of 15 June 2017 to impose a 9 month disqualification upon Mr Devcic regarding a breach of the Australian Harness Racing Rule (AHRR) 193(1). The details of the HRV RAD Board hearing of 15 June 2017 can be viewed here.
Mr Devcic entered a plea of guilty to the charge at the RAD Board hearing and maintained that plea at the VCAT review hearing.
Background
The rule breach related to an inspection of the registered stable of Mr Devcic by HRV Stewards on 4 January 2017. The observations of the Stewards during the stable inspection, along with the admissions of Mr Devcic, that he had stomach tubed the horse ‘Flagbearer’ which was engaged to race at Mildura harness racing meeting later that day, resulted in the charge issued against Mr Devcic under AHRR 193(1), which states:
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 penalty imposed by the HRV RAD Board on 15 June 2017 was a 9 month disqualification, to commence on 18 June 2017.
VCAT Hearing
On 16 June 2017, Mr Devcic applied to the VCAT for a review of the decision of the RAD Board and was granted a stay of the penalty imposed.
At the VCAT Hearing on 12 September 2017, the presiding Member Ms Elisabeth Wentworth heard submissions in relation to penalty from HRV Investigative Steward Stephen Svanosio on behalf of HRV, Mr David Briggs on behalf of Mr Devcic and from Mr Devcic himself.
Submissions in relation to penalty included the seriousness of the offence; the effect of such offences on the integrity of the harness racing industry; previous penalties for similar offences; Mr Devcic’s personal circumstances; and his personal offence record.
Upon consideration of these submissions Member Wentworth ordered that the decision of the HRV RAD Board of 15 June 2017 be varied to a 4 month disqualification, to commence on 18 September 2017.
The details of the VCAT decision on 12 September 2017 can be viewed here.
