Background
At the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board hearing on 21 February 2018, Mr Tardio pleaded not guilty to a charge issued under Australian Harness Racing Rule (AHRR) 190(1) for presenting the horse ‘Kissed Flush’ to race at Mildura on 4 April 2017, when not free of cobalt, a prohibited substance when present at a concentration of greater than 100 micrograms per litre in urine. Mr Tardio was found guilty and issued with an 18 month disqualification. The full HRV RAD Board media release can be found here.
VCAT Hearing
On 19 June 2018, Victorian Civil and Administrative Tribunal (VCAT) Senior Member Gerard Butcher adjourned the hearing to a later date due to Mr Tardio failing to pay the hearing fee on that date. Additionally, Mr Tardio had failed to file and serve any expert witness statement.
VCAT Decision
On 23 July 2018, VCAT Senior Member Butcher revoked the stay of proceedings issued on 19 March 2018, and dismissed the application for review lodged by Mr Tardio in respect of the decision of the HRV RAD Board on 21 February 2018, due to a failure by Mr Tardio to comply with a number of previous VCAT orders. Mr Tardio’s 18 month disqualification recommenced with immediate effect. The full written VCAT decision can be viewed here.
