On 19 April 2017, the Victorian Civil and Administrative Tribunal (VCAT) heard the application for review of Daryl Douglas in regard to the decision of the HRV Racing Appeals and Disciplinary (RAD) Board of 13 February 2017 to issue a 12-month disqualification regarding breaches of the Australian Harness Racing Rules (AHRR).
Mr Douglas was issued with four charges under the AHRR, in relation to his activities at the registered training establishment of Emma Stewart on 9 November 2016.
At the RAD Board hearing on 13 February 2017, Mr Douglas entered a plea of not guilty to the charges, being under Rule 187(3) in that he failed to comply with the directions of the Stewards; Rule 187(2) that he refused to answer questions as part of a Stewards investigation; Rule 231(1) being that he did abuse a HRV Steward; and Rule 91(1)(a) in that he did carry on an activity regulated by licence when not the holder of a current licence.
After initially determining that Mr Douglas did not come within the scope of the rules, the HRV RAD Board amended their decision and imposed the penalty of a 12-month disqualification.
At the VCAT hearing, before Member Wentworth on 19 April 2017, evidence was taken from HRV Stewards Russell Anderson and John Packer, along with submissions from the HRV Stewards and Mr Douglas himself.
Member Wentworth was satisfied that Mr Douglas’ activities brought him within the scope of the AHRR and further determined that two of the four charges could be proven, in that Mr Douglas did fail to comply with a direction and was carrying on an activity regulated by licence when not the holder of a current licence.
In making a decision on penalty, Member Wentworth considered that the offending of Mr Douglas was at the lower-end of the scale and set aside the decision of the HRV RAD Board, substituting a caution in its place.
The written decision of the VCAT can be found here.
