Queensland Racing Integrity Commissioner v Wehlow

The Queensland Racing Integrity Commissioner brought proceedings against Wehlow, a trainer of thoroughbred horses, following tests that revealed the presence of a prohibited substance in a horse he trained. The issue before the court was whether the absence of specific documentary evidence connecting the samples taken from the horse to the sample numbers rendered the chain of custody fatally flawed, thereby invalidating the test results. The court had to determine if the finding regarding the utility of the chain of evidence was a question of fact to be assessed on all the evidence, and whether there was other evidence that could connect the horse to the original samples. The court held that the absence of the specific documentary evidence did not necessarily render the chain of custody fatally flawed. It was a question of fact to be assessed on all the evidence, including other evidence that connected the horse to the original samples. The court found that there was sufficient evidence to connect the horse to the original samples, and therefore, the Commissioner could be satisfied on the balance of probabilities that the samples were from the horse concerned. The application for leave to appeal was granted, but the appeal was ultimately dismissed.

The court's decision hinged on the assessment of the evidence presented, including the documentary evidence that was missing and the other evidence that connected the horse to the original samples. The court found that the missing documentary evidence did not necessarily undermine the chain of custody, and that the other evidence was sufficient to connect the horse to the original samples. The court also noted that the finding concerning the utility of the chain of evidence was a question of fact to be assessed on all the evidence, and that the Commissioner was entitled to make a finding on the balance of probabilities. The court's decision was based on a careful assessment of the evidence presented, and it ultimately found that the Commissioner was entitled to be satisfied on the balance of probabilities that the samples were from the horse concerned. The application for leave to appeal was granted, but the appeal was ultimately dismissed, as the court found that the decision of the Commissioner was not wrong.