The NSW Court of Appeal handed down its decision yesterday in the action brought against Harness Racing NSW by trainers Mr Neil Day and Mr Dean McDowell following those two trainers being stood down in relation to the presentation of horses to race not free of the prohibited substance Cobalt.
Justices Leeming, McColl and Macfarlan concluded that all the appellant’s arguments were correctly rejected by the primary Judge, save for the decision by HRNSW to suspend the licences of the trainers on 30 April 2014, without giving them an opportunity in the first instance to be heard.
The consequence of the decision is that the challenges to the rules prohibiting Cobalt above the threshold in harness racing have failed and the inquiries into the levels of Cobalt detected above the threshold in the horses presented by Mr Neil Day and Mr Dean McDowell in February 2014 may now proceed at a time and date to be determined by HRNSW.
A copy of the decision is available at the following link:
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=176038
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
