Graham v Queensland Racing Integrity Commission

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QUEENSLAND CIVIL AND 
ADMINISTRATIVE TRIBUNAL

CITATION:

Graham v Queensland Racing Integrity Commission [2018] QCAT 198

PARTIES:

DARREL WILLIAM GRAHAM
(applicant)

v

QUEENSLAND RACING INTEGRITY COMMISSION

(respondent)

APPLICATION NO/S:

OCR174-16

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

31 July 2019

HEARING DATE:

18 September 2018
19 September 2018
3 October 2018
23 July 2019

HEARD AT:

Brisbane

DECISION OF:

Senior Member Aughterson

ORDERS:

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

2.   2.   In substitution, Darrel William Graham is suspended from holding a drivers licence and a trainers licence for 12 months, commencing 2 weeks from the date of this order.

CATCHWORDS:

PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – Harness Racing Trainer – where charge of failure to present a horse free of prohibited substances – where urine sample was above the cobalt threshold – whether distinction to be drawn between organic and inorganic cobalt – whether certifications as to cobalt readings valid and admissible – where carelessness in the feeding and supplement regime –whether disqualification or some lesser penalty appropriate

Acts Interpretation Act 1954 (Qld), s 32C

Australian Harness Racing Rules, r 188A, r 189, r 190, r 191, r 259

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20, s 28(3)(b)

Racing Act 2002 (Qld), s 78(2), s 79, s 91(1), s 132, s 145, s 147

Racing Integrity Act 2016 (Qld), s 246

Briginshaw v Briginshaw (138) 60 CLR 336

Cole v Harness Racing Victoria [2018] VCAT 1930

Day v Harness Racing NSW [2014] NSWSC 1402

Day v Sanders [2015] NSWCA 324

Demmler v Harness Racing Victoria Racing Appeals and Disciplinary Board [2017] VCAT 600

Harness Racing Victoria v Chisholm [2017] VCAT 1620

Harness Racing Victoria v Ross Graham (unreported, Racing Appeals and Disciplinary Board,10 August 2017)  

Hooper v Queensland Racing Integrity Commission [2017] QCAT 236

Hope v Racing Victoria Limited (No 2) (Review and Regulation) [2018] VCAT 1688

Kavanagh v Racing Victoria Limited (No 2) (Review and Regulation) [2018] VCAT 291

McDonough v Harness Racing Victoria [2008] VCAT 291

Morrisey v Queensland Racing Integrity Commission [2018] QCAT 161

Queensland Racing Integrity Commission v Gilroy [2016] QCATA 146

R v Trochym [2007] 1 SCR 239

Racing Victoria v Kavanagh [2017] VSCA 334

Rattray v Queensland Racing Integrity Commission [2018] QCATA 39

RVL Stewards v Peter Moody (Racing Appeals and Disciplinary Board – 16 March 2017, penalty 17 March 2016

Scott v Queensland Racing and Integrity Commission (No 2) [2018] QCAT 301

Tuite v The Queen [2015] VR 196

Wallace v Queensland Racing [2007] QDC 168

Weeks v Queensland Racing Integrity Commission [2017] QCAT 345

Xuereb v Racing Victoria Limited (Review and Regulation) [2019] VCAT 473

APPEARANCES & REPRESENTATION:

Applicant:

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

Respondent:

R J Anderson QC, instructed by Landers & Rogers Lawyers

REASONS FOR DECISION

  1. [1]           On 30 May 2015, the gelding Mafuta Vautin was placed first in race 5 at Albion Park.…

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Details
Case
[2018] QCAT 198
Decision Date

CaseChat Overview and Summary

The case of Graham v Queensland Racing Integrity Commission involved the appellant, Darrel William Graham, who was a harness racing trainer, and the Queensland Racing Integrity Commission (QRIC). Graham was charged with a breach of racing rules after a urine sample from one of his horses tested above the permitted threshold for cobalt. The dispute centered on whether the elevated cobalt level constituted an offence, whether there was a valid distinction between organic and inorganic cobalt, the admissibility of certifications related to the cobalt readings, and the appropriate penalty for the breach. The matter was brought before the court to determine these issues.

The primary legal issues before the court were the interpretation and application of the racing rules concerning prohibited substances, specifically cobalt, in the context of harness racing. The court had to determine if there was a legitimate distinction between organic and inorganic cobalt and whether this distinction impacted the admissibility of certifications provided by a laboratory. Additionally, the court considered the nature and extent of carelessness exhibited by Graham in the feeding and supplement regime of his horses and whether this warranted a lesser penalty than disqualification.

The court examined the evidence and submissions from both parties, focusing on the interpretation of the racing rules and the credibility of the certifications. It was found that the distinction between organic and inorganic cobalt was not relevant to the offence charged. The certifications provided by the laboratory were deemed valid and admissible. The court also acknowledged the carelessness in Graham's feeding and supplement regime but determined that the breach was serious enough to warrant a significant penalty. The court set aside the QRIC's decision regarding the penalty and substituted it with a 12-month suspension of Graham's drivers licence and trainers licence.

The final orders of the court included setting aside the QRIC's decision as to the penalty and substituting it with a 12-month suspension of Graham's drivers licence and trainers licence, effective from two weeks after the date of the order. This ruling provided clarity on the application of racing rules concerning prohibited substances and the appropriate penalty for breaches in harness racing.

Orders

Orders of the court

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

2. 2. In substitution, Darrel William Graham is suspended from holding a drivers licence and a trainers licence for 12 months, commencing 2 weeks from the date of this order.

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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