Fletche v Racing Queensland Limited

CITATION: Fletcher v Racing Queensland Limited [2012] QCAT 310

PARTIES:	Mark Raymond Fletcher (Applicant/Appellant)
v
Racing Queensland Limited (Respondent)

APPLICATION NUMBER: OCR041-12

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: R F King-Scott, Member

DELIVERED ON: 20 July 2012

DELIVERED AT: Brisbane

ORDERS MADE: Disqualification for period of 3 years set aside and in lieu thereof the Tribunal directs the Applicant be suspended from holding a Trainer and Driver’s licence for a period of 12 months.

CATCHWORDS:

Prejudicial or detrimental to the industry – cruelty whipping horse excessively – danger to the public by bolting horse

Australian Harness Racing Rules, Rule 243

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

Introduction

1. On 5 January 2012, the applicant had attended the Parklands Paceway on the Gold Coast with a 2 year old colt named “Under the Gun”.  The applicant was part owner and trainer of the colt.  Although described as a race meeting, the purpose, as I understand it, of the event that day was an educational trial for young horses.  The applicant is a licensed trainer and driver.

2. At about 6pm on that day, stewards received a complaint from Ms Rachel Beeton that she had observed the applicant approach a horse in the wash down area.  She said she did not see him hit the horse (because the horse was obscured from her vision) but she heard the horse being whipped.

The Charge

1. Following that complaint, stewards investigated the incident.  After a hearing, the stewards charged the applicant with an offence under Rule 243 of the Australian Harness Racing Rules.  That rule provides:

   A person employed or participating in the Harness Racing industry should not behave in a way which is prejudicial or detrimental to the industry.

2. Particulars of the charge laid by the stewards were:

   Mark Fletcher, a Racing Queensland Limited Harness Trainer Driver participating in the Harness Racing industry behaved in a way which was prejudicial and detrimental to the industry in that Mark Fletcher on 5 January 2012 inflicted an act of cruelty on an unraced two year old harness horse “Under the Gun” by striking the said horse with a harness whip with severe force on multiple occasions causing harm to the said horse resulting in it bolting into the stable compound placing persons present at risk.

The Hearing

1. The hearing took place before a Stewards Panel on 12 January 2012, 17 January 2012 and 7 February 2012.  The following witnesses gave evidence at the hearing:

   a)     Dr Greg Baldwin, veterinary surgeon;

   b)     Mr Greg Alloway, eyewitness;

   c)     Mr Greg Barnard, eyewitness;

   d)     Mr Greg Evans, eyewitness;

   e)     Ms Rachel Beeton, eyewitness;

   f)      Mr Greg Hill, eyewitness.

2. The Stewards Panel at the initial hearing also considered possible charges against a stable hand and co-owner of the horse, Mr Bradley Husband, but determined at a…