Morrisey v Queensland Racing Integrity Commission

CITATION:

Morrisey v Queensland Racing Integrity Commission [2018] QCAT 161

PARTIES:

John Power Morrisey
(Applicant)

v

Queensland Racing Integrity Commision

(Respondent)

APPLICATION NUMBER:

OCR085-17

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

3 October 2017

HEARD AT:

Brisbane

DECISION OF:

Member Holzberger

DELIVERED ON:

5 June  2018

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The decision, in respect of penalty imposed, be set aside and substituted with the decision that:

(a)  John Power Morrisey is suspended for a period of nine (9) months from the date of this order;

(b)  The period of suspension is suspended after five (5) months for a period of twelve (12) months;

(c)  If John Power Morrisey is charged with a prohibited substance related offence during the period of suspension, the suspension of the penalty will be immediately lifted so that the licence suspension is reactivated and the nine (9) months period of suspension will be served in full.

CATCHWORDS:

PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – OTHER PROFESSIONS, TRADES AND CALLINGS – where administration of prohibited substance – where consideration of factors related to penalty – whether appropriate penalty includes disqualification or suspension

Racing Integrity Act 2016 (Qld), s 3

Queensland Racing Integrity Commission v Gilroy [2016] QCATA 146

Weeks v Queensland Racing Integrity Commission [2017] QCAT 345

APPEARANCES:

APPLICANT:

Mr T Ryan of Counsel, instructed by Butler McDermott Lawyers

RESPONDENT:

Mr J Farren of Counsel, instructed by Queensland Racing Integrity Commission

REASONS FOR DECISION

1. John Power Morrisey has applied to the Tribunal for review of a decision by the Queensland Racing Integrity Commission (QRIC) to disqualify him for a period of nine months.

2. The following facts are agreed by the parties and I make findings accordingly:[1]

   [1]Applicant’s outline of submissions, paras [1]-[9].

   a)On 3 April 2017 at a Stewards’ inquiry, the applicant pleaded guilty to a charge under AR175(h)(ii) of the Australian Rules of Racing that alleged he administered or caused to be administered to a horse a prohibited substance which was detected in a sample taken from such horse prior to or following the running of a race.

   b)The particulars of the charge were that the applicant administered a substance known as “bleed-X”(sic) for a significant period prior to the horse “Gorada” competing at the Gold Coast on 31 December 2016, that the substance contained the prohibited substance “Cobalt” and that a post-race sample was taken from Gorada after it won on the day.

   c)According to the certificate of analysis relating to the urine sample taken from Gorada, the mass concentration of cobalt in the sample was greater than 200 micrograms per litre.

   d)The prohibited substance threshold for cobalt under the Australian Rules of Racing was 100 micrograms per litre.

   e)The Stewards imposed a nine-month disqualification on the applicant.

   f)The applicant unsuccessfully sought a review of the Stewards’ decision by the respondent.

   g)The penalty of nine-months’ disqualification was affirmed by the respondent on 5 May 2017.

   h)

   The applicant applies for a review of the internal decision…