Review Hearing – Daryl Douglas

On 23 November 2017, the Victorian Civil and Administrative Tribunal (VCAT) heard an application from Daryl Douglas for review of the decision of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board of 11 October 2017 to issue a range of penalties relating to breaches of the Australian Harness Racing Rules (AHRR).

The details of that HRV RAD Board hearing can be found here

Background

Mr Douglas was issued with four charges under the AHRR, relating to his activities at the registered training establishment of Marnie Bibby on 27 February 2017.

The four charges were as follows:

Charge 1, under AHRR 259(1) (g) & (h), which reads as follows:

A disqualified person or a person whose name appears in the current list of disqualifications published or adopted by a recognised harness racing authority or a person warned off cannot do any of the following –

(g) enter any premises used for the purpose of the harness racing industry;

(h) participate in any manner in the harness racing industry;

The particulars of this charge were that Mr Douglas participated in the harness racing industry on 27 February 2017, while disqualified, by entering the registered training establishment of licensed trainer Marnie Bibby, exercising standardbreds and leading ‘Ubringthedrinks’ to the stable tie-up area.

Charge 2, under AHRR 187(6), which reads as follows:

A person shall not frustrate or endeavour to frustrate an inquiry or investigation.

The particulars of this charge were that on 27 February 2017 when HRV Stewards approached Mr Douglas he ran and concealed himself in a dog kennel.

Charge 3, under AHRR 187(2), which reads as follows:

A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence or information at an inquiry or investigation.

The particulars of this charge were that on 27 February 2017, when HRV Stewards located Mr Douglas, he refused to answer questions and subsequently left the property.

Charge 4, under AHRR 187(1), which reads as follows:

A person who is directed to do so by the Stewards shall attend an inquiry or investigation convened or conducted by them.

The particulars of this charge were that Mr Douglas failed to attend an inquiry scheduled for 3 April 2017 to answer questions in relation to the previously mentioned matters. 

VCAT Review Hearing

At the VCAT review hearing, on 23 November 2017 before Member Wentworth, HRV Stewards withdrew ‘Charge 1’, which related to Mr Douglas entering a registered training establishment whilst a disqualified person due to the provisions of section 51(3) of the Victorian Civil and Administrative Tribunal Act 1998(Vic).

In relation to the remaining charges evidence was taken from HRV Steward John Packer, HRV Steward Russell Anderson and Daryl Douglas himself, along with submissions from the HRV Stewards and Andrew Peace on behalf of Mr Douglas.

Upon consideration of the evidence Member Wentworth was not satisfied that ‘Charge 2’ was proven as it was not established that Mr Douglas was aware it was the HRV Stewards he was running from given they had not had the opportunity to identify themselves. The HRV RAD Board decision in relation to this charge was set aside.

In relation to ‘Charge 3’, Member Wentworth found that Mr Douglas did refuse to answer the questions of the HRV Stewards. Member Wentworth highlighted that the role of the Stewards is well established and being able to questions parties is vital to their duties. In respect of penalty, following submissions from both parties, the fine imposed by the HRV RAD Board was set-aside and replaced with a fine of $200.

Member Wentworth also found ‘Charge 4’ proven in that Mr Douglas knew there was an inquiry scheduled and the reasons for him not attending were insufficient in the circumstances. Member Wentworth set-aside the warning off imposed by the HRV RAD Board and determined that the appropriate penalty was a fine of $300, however also placed Mr Douglas on notice that he is required to attend an inquiry as required by the HRV Stewards.

The written reasons from VCAT will be published when available.