The Victorian Civil and Administrative Tribunal (VCAT) today heard the application for review of Mr Matthew Horsnell in regard to the decision of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board on 5 December 2018 in finding Mr Horsnell guilty of a breach of Australian Harness Racing Rule 149(2) which reads as follows:
149.(2) A person shall not drive in a manner which in the opinion of the Stewards is unacceptable.
The rule breach related to Mr Horsnell’s driving of Butadream in Race 2 at Mildura on 23 September 2018 where it was alleged he drove in unacceptable manner by resisting the challenge from American Tour NZ from the 1700m to the 1500m after having already made significant prior use of Butadream which in the opinion of the Stewards resulted in Butadream being placed under pressure from the 600m to finish in 9th and last position beaten 31.4m. The HRV RAD Board confirmed the 4 week suspension of Mr Horsnell’s licence to drive in races imposed by the HRV Stewards.
After hearing evidence from HRV Steward Michael Ross and submissions from the representative for the HRV Stewards, and the representative for Mr Horsnell, the charge issued against Mr Horsnell was found to be proven.
After hearing penalty submissions the VCAT varied the penalty to a 2 week suspension of Mr Horsnell’s licence to drive to races commencing at midnight on 23 February 2019.