The Supreme Court of New South Wales today handed down its decision in the action brought against Harness Racing NSW by registered trainers Neil Day and Dean McDowell following these two trainers being stood down in relation to the presentation of horses not free of prohibited substances.
Day and McDowell challenged various sections of the Rules of Harness Racing. This challenge included the right of HRNSW (the regulator) to introduce Local Rules, including the threshold for the prohibited substance Cobalt that was introduced in December 2013.
Justice Adamson handed down her judgment today which dismissed the plaintiff’s summons.
Justice Adamson concluded that “For the foregoing reasons the plaintiffs have failed to obtain any of the relief sought. The summons ought accordingly be dismissed”.
Justice Adamson made the following orders:
Dismiss the summons. Unless an application for a different order is made in writing to my Associate within seven (7) days hereof, order the plaintiffs to pay the defendants costs of the proceedings.
HRNSW Chairman Mr Rex Horne stated “This is a significant decision today for HRNSW, and supports our stance on integrity of the industry through the protection of participants to ensure a level playing field”. He welcomed Her Honours decision rejecting this broad scale attack on the regulation of harness racing.
Mr Horne said that “HRNSW will continue to be leaders in integrity control and will continue to take whatever steps are required to maintain the highest standards of equine drug control”.
HRNSW will now continue with its inquiries into the matters involving Mr Day and Mr McDowell.
Background:
On 30 April 2014, HRNSW stood down the licenses of both Mr Day and Mr McDowell protecting the integrity of the industry following receiving analytical results from the Australian Government National Measurement Institute that cobalt was detected above the threshold in samples taken from the following horses and the respective harness meetings;
Benzi Marsh (N Day) in race 5; the Final Goulburn Soldiers Club Goulburn Championship (1710 metres) conducted at Goulburn harness meeting on 24 February 2014.
Chevals Charlie and The Twilight Dancer (D McDowell) following their respective wins in race 2, the Schweppes 30th Anniversary Pace (1740 metres) and the win of The Twilight Dancer in race 3 at the meeting conducted at Bankstown on 28 February 2014.
Harness Racing NSW (HRNSW) is the controlling body for harness racing in New South Wales with responsibility for commercial and regulatory management of the industry including 31 racing clubs across the State. HRNSW is headed by an industry-appointed Board of Directors and is independent of Government.
To arrange an interview or for further information please contact:
Name: Reid Sanders
Position: Manager - Integrity
Phone: (02) 9722 6600
Email: rsanders@hrnsw.com.au
