On 18 January 2018, The Victorian Civil and Administrative Tribunal (VCAT) heard an application for review lodged by Mr Timothy O’Brien in respect of the decision of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board on 2 August 2017 to impose a $6,000 fine upon Mr O’Brien regarding a breach of Australian Harness Racing Rule (AHRR) 190(1).
Mr O’Brien pleaded guilty to the charge at the HRV RAD Board hearing and his application for review was in relation to penalty only.
Background
At the HRV RAD Board hearing on 2 August 2017, Mr O’Brien pleaded guilty to a charge issued under AHRR 190(1) for presenting the horse ‘Perspective’, as representative for trainer Ms Brooke Hansen, to race at Mildura on 8 April 2017 when not free of alkalinising agents, a prohibited substance when evidenced by total carbon dioxide (TCO2) at a concentration of greater than 36 millimoles per litre in plasma. Mr O’Brien was issued with a $6,000 fine. The full HRV RAD Board media release can be found here.
VCAT Hearing
On 18 January 2018, VCAT Senior Member Anna Dea heard submissions from Stephen Svanosio, on behalf of the HRV Stewards, Mr Bill Allgood, on behalf of Mr O’Brien, and Mr O’Brien himself. After considering all the material tendered, Senior Member Dea reserved her decision on penalty.
On 13 February 2018, Senior Member Dea handed down her determination, affirming the decision of the HRV RAD Board. The full written VCAT decision can be viewed here.
