Ahrens v Queensland Racing Integrity Commission - [2020] QCAT 347

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Ahrens v Queensland Racing Integrity Commission [2020] QCAT 347

PARTIES:

Benjamin carl ahrens

(applicant)

queensland racing integrity commission

(respondent)

APPLICATION NO/S:

OCR337-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

8 September 2020

HEARING DATE:

14 July 2020

HEARD AT:

Brisbane

DECISION OF:

Member Fitzpatrick

ORDERS:

1.   The decision of the Queensland Racing Integrity Commission is set aside as to penalty.
2.   In substitution:
(a)     Benjamin Carl Ahrens is suspended from holding a trainer’s licence for nine (9) months, wholly suspended for 12 months, commencing from the date of this order.
(b)    If Benjamin Carl Ahrens engages in any conduct which results in a contravention of Australian Rule of Racing 178 for which a penalty is imposed, during the period of suspension, the period of suspension will immediately be re-activated and the suspension will be served in full. The matters which are the subject of any new charge will be treated and dealt with as a separate proceeding.
(c)     Benjamin Carl Ahrens is fined $3,000.00 for a breach of Australian Rule of Racing 178 to be paid by 7 October 2020.

CATCHWORDS:

PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – Thoroughbred trainer – presentation of a horse to race when a urine sample found the prohibited substance cobalt above the threshold – plea of guilty to charge of breach of Australian Rule of Racing 178 – question of appropriate penalty

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 20

Racing Integrity Act 2016 (Qld) s 3, s 246

Graham v Queensland Racing Integrity Commission [2019] QCAT 198

Harness Racing Victoria v Chisholm [2017] VCAT 1620

Kavanagh v Racing New South Wales [2019] NSWSC 40

Queensland All Codes Racing Industry Board v Thomas [2016] QCATA 82

Queensland Racing Integrity Commission v Lancaster (Internal Review Decision), 16 May 2019)

Queensland Racing Integrity Commission v Scott [2019] QCATA 121

Queensland Racing Integrity Commission Stewards’ Report: Mr George Clegg 23 June 2020

Racing Integrity Unit v L O’Sullivan and A Scott (New Zealand) 22 March 2016

Racing New South Wales Stewards’ Report: Ron Quinton 5 October 2017

Wallace v Queensland Racing [2007] QDC 168

Waterhouse v Racing New South Wales Appeal Panel (2 September 2005)

APPEARANCES & REPRESENTATION:

Applicant:

J E Murdoch QC instructed by M O’Connor, Solicitor, O’Connor Ruddy & Garrett Solicitors

Respondent:

R Anderson QC instructed by W Kelly, in house solicitor for the respondent.

REASONS FOR DECISION
[1] This is an external review under s 246 of the Racing Integrity Act 2016 (Qld).
[2] The review only relates to penalty, as a result of a breach of Australian Rule of Racing 178. The Rule provides:
Subject to AR 178G when any horse that has been brought to a racecourse for the purpose of engaging in a race and a prohibited substance is detected in any sample taken from it prior to or following its running in any race, the trainer and any other person who was in charge…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2020] QCAT 347
Decision Date: 8 September 2020

CaseChat Overview and Summary

The case of Ahrens v Queensland Racing Integrity Commission involved a thoroughbred trainer, Benjamin Carl Ahrens, who was found to have presented a horse for a race with a urine sample containing the prohibited substance cobalt above the allowable threshold. Ahrens pleaded guilty to a charge under Australian Rule of Racing 178, which pertains to the presentation of a horse for racing with a prohibited substance in its urine. The matter before the court was to determine the appropriate penalty for Ahrens' breach.

The central legal issue for the court was to assess the severity of the penalty imposed by the Queensland Racing Integrity Commission (QRIC) on Ahrens. The QRIC had suspended Ahrens from holding a trainer’s licence for nine months, wholly suspended for 12 months, and fined him $3,000. The court had to consider whether this penalty was appropriate in light of the circumstances and whether it aligned with penalties imposed in similar cases. The court was also required to consider the principle of proportionality and whether the penalty imposed was commensurate with the breach.

The court found that the penalty imposed by the QRIC was too severe and disproportionate to the breach committed by Ahrens. The court emphasised the importance of proportionality in sentencing and considered that the penalty imposed by the QRIC did not adequately reflect the seriousness of the breach while also taking into account the mitigating factors. The court set aside the penalty imposed by the QRIC and substituted it with a nine-month suspension, wholly suspended for 12 months, a $3,000 fine, and conditions regarding reactivation of the suspension if further breaches occur. The court's decision highlighted the need for a balanced approach in determining penalties for breaches of racing regulations.

Orders

Orders of the court

ORDERS:

1. The decision of the Queensland Racing Integrity Commission is set aside as to penalty.

2. In substitution:

(a) Benjamin Carl Ahrens is suspended from holding a trainer’s licence for nine (9) months, wholly suspended for 12 months, commencing from the date of this order.

(b) If Benjamin Carl Ahrens engages in any conduct which results in a contravention of Australian Rule of Racing 178 for which a penalty is imposed, during the period of suspension, the period of suspension will immediately be re-activated and the suspension will be served in full. The matters which are the subject of any new charge will be treated and dealt with as a separate proceeding.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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