Between 21 and 24 February 2017, the Victorian Civil and Administrative Tribunal (VCAT) heard the application for review of Mr Craig Demmler in regard to the decision of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board of 22 March 2016 to impose a 12-month disqualification for a breach of Australian Harness Racing Rule (AHRR) 190(1) and a fine of $250 under AHRR 190B for failing to maintain a log book.
The RAD Board decision which is the subject of Mr Demmler’s review application can be viewed here.
Background
On 19 October 2014, Mr Demmler presented the horse ‘Christian Torado’ to race at the Cranbourne harness racing meeting where it competed in and won Race 5, the ‘Aussie Home Loans Cranbourne Pace (2nd Heat)’. Subsequent to the race a swab sample was taken from ‘Christian Torado’ which, when analysed, revealed a cobalt concentration above the threshold of 200µg/L in urine.
After receiving the results of that analysis in March 2015, Mr Demmler was interviewed by HRV Stewards and subsequently had his licences suspended pending the outcome of the investigation. Mr Demmler successfully reviewed the decision to suspend his licences at a VCAT hearing in May 2015.
Charges were issued by HRV Stewards in September 2015, before a HRV RAD Board was convened in March 2016. On 22 March 2016, HRV RAD Board Chairman Brian Collis announced the decision of the HRV RAD Board to disqualify Mr Demmler for a period of 12 months under AHRR 190(1) and issue a fine of $250 for failing to maintain a log book.
On 24 March 2016, Mr Demmler applied to the VCAT for a review of the HRV RAD Board decision and was granted a stay of the proceedings.
VCAT Review Hearing
The VCAT review hearing commenced on 20 February 2017. Shortly after the commencement of the hearing, Mr Demmler, through his legal representative, withdrew his review application with respect to conviction and continued only with his application for the penalty imposed upon him to be reviewed. Whilst Mr Demmler had pleaded guilty originally before the RAD Board, Mr Demmler had amended such plea in his original VCAT application and sought review on both conviction and penalty until, as described above, reverting to the position adopted before the RAD Board regarding conviction.
VCAT Decision
On 3 May 2017, VCAT Vice President Judge Hampel released Her Honours decision in relation to the review applications.
The VCAT decision can be found here.
Her Honour Judge Hampel ordered that in place of the original disqualification, Mr Demmler shall have all licenses to train and drive a horse suspended for a period of 10 months from 3 May 2017.
Her Honour further ordered that ‘Christian Torado’ be disqualified from Race 5 at Cranbourne on 19 October 2014 and the subsequent race for which the Cranbourne race provided qualification at Kilmore on 26 October 2014.
The fine of $250 imposed on Mr Demmler for failing to maintain a log book was also affirmed.
