| CITATION: | Lawlor v Racing Queensland Limited [2012] QCAT 255 |
| PARTIES: | David James Lawlor (Applicant) |
| v | |
| Racing Queensland Limited (Respondent) |
| APPLICATION NUMBER: | OCR204-12 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | 22 June 2012 |
| HEARD AT: | Brisbane |
| DECISION OF: | Richard Oliver, Senior Member Sandra Deane, Member |
| DELIVERED ON: | 29 June 2012 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The respondent’s decision of 6 June 2012 is confirmed. 2. The review application is dismissed. |
| CATCHWORDS: | RACING – APPLICATION FOR REVIEW – elevated TCO2 levels – difference in readings in certificates of analysis – whether prima facie case – whether measurement uncertainty is taken into account to establish a prima facie case under AR178D – where consistency in penalty is desirable Australian Rules of Racing, AR178, 178C, 178D Kehl v Board of Professional Engineers of Queensland [2010] QCATA 58 Briginshaw v Briginshaw (1938) 60 CLR 336 |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | David James Lawlor represented by Mr MT Tutt of Butler McDermott Lawyers |
| RESPONDENT: | Racing Queensland Limited represented by Mr A James of Counsel |
REASONS FOR DECISION
Mr Lawlor is the trainer of Noorgoora Burr. Noorgoora Burr started in race 3 at Doomben on 12 May 2012 and won the race.
Prior to the race a blood sample was taken and subsequent analysis at the Racing Science Centre on 14 May 2012 showed that there was a total plasma carbon dioxide (TCO2) concentration of 37.6mmol/L. A subsequent analysis of the reserve sample by Racing Analytical Services Ltd in Victoria on 15 May 2012 showed a TCO2 concentration of 36.6mmol/L. An elevated level of CO2 may enhance the racing performance of a horse by delaying the onset of fatigue and therefore improving its endurance. Excessive levels may harm the horse’s health.
Australian Racing Rule 178C provides that alkalising agents are prohibited substances when the total carbon dioxide is at a concentration of more than 36 millimoles per litre in plasma. The laboratories include in their certificates that there is an allowance for measurement uncertainty of 1 millimole per litre. In relation to the second sample, if the benefit of that uncertainty was given to Mr Lawlor, this would result in the concentration being below the threshold of 36 mmol/L.
On the basis of the certificates of analysis, Stewards convened an inquiry on 6 June 2012 and after hearing from Dr Vine, the Director of Racing Analytical Services Ltd charged Mr Lawlor with a breach of AR178 which provides:
“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 of…
Keep reading for free
Create a free CaseChat account to read Lawlor v Racing Queensland Limited and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] QCAT 255
- Decision Date
CaseChat Overview and Summary
The primary issue before the tribunal was whether the measurement uncertainty in the certificates of analysis should be considered in establishing a prima facie case under AR178D. Additionally, the tribunal had to determine if consistency in penalty was desirable in the context of the Racing Regulations. The tribunal also had to decide whether the decision of RQL to disqualify Lawlor and impose penalties was correct.
The tribunal found that the measurement uncertainty in the certificates of analysis did not need to be taken into account to establish a prima facie case under AR178D. The tribunal held that the regulations required a higher threshold to be met before a prima facie case could be established, which was not achieved in this instance. Furthermore, the tribunal considered the desirability of consistency in penalty and found that it was not necessary to achieve consistency in all cases, particularly where the circumstances of each case differed. The tribunal concluded that the decision of RQL was correct and dismissed the application for review.
The tribunal confirmed the decision of RQL and dismissed the review application. This outcome effectively upheld the penalties imposed on Lawlor, affirming the disciplinary action taken by RQL in relation to the elevated TCO2 levels found in Lawlor’s horse.
Orders
Orders of the court
1. The respondent’s decision of 6 June 2012 is confirmed.
2. The review application is dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.