Doughty v Racing Queensland Limited

Kelly Anne Doughty, a horse trainer, sought review of a decision by Racing Queensland Limited (the Respondent) to impose a $4,000.00 fine under AR178 for presenting a horse that provided a positive sample containing the banned substance Isoxsuprine. The horse, Black Superman, was disqualified under AR177 due to the presence of the prohibited substance. Mrs Doughty argued that the positive sample resulted from cross-contamination, not the administration of the banned substance, and that she was not blameworthy. The Queensland Civil and Administrative Tribunal (QCAT) was required to determine whether the Respondent's decision to penalise Mrs Doughty should be affirmed, varied, or set aside.

The Tribunal considered whether the Stewards correctly exercised their discretion in imposing a penalty on Mrs Doughty. It noted that AR178 is permissive, allowing for a penalty to be applied if a prohibited substance is detected in a sample taken from a horse. The Tribunal concluded that even if the Stewards failed to exercise a discretion, it would not impact the Tribunal's function in reaching its own decision. The Tribunal found that Mrs Doughty was not blameless, as her duty as a trainer was to ensure a horse was presented drug-free, and she failed to take measures that could have prevented contamination. The Tribunal determined that a penalty was appropriate and considered the mitigating and aggravating factors in determining an appropriate penalty.

The Tribunal affirmed the Stewards' decision to impose a $4,000.00 fine under AR178. It found that a fine was the appropriate penalty, taking into account the mitigating factors such as Mrs Doughty's unblemished record over fifteen years, her family business, and the fact that this was her first breach. The Tribunal also considered the need for general and specific deterrence. The Tribunal concluded that the Stewards' decision was appropriate and consistent with comparable penalties in similar cases.

ORDERS MADE: The Tribunal affirmed the Respondent’s decision to penalise the Applicant under AR178 by the imposition of $4,000.00 fine.