Racing Queensland Limited v Campbell

CITATION: Racing Queensland Limited v Campbell [2011] QCAT 565

PARTIES:	Racing Queensland Limited
v
Mr Michael Ross Campbell

APPLICATION NUMBER:   OCR130-11

MATTER TYPE: Occupational regulation matters

HEARING DATE: 8 August 2011

HEARD AT: Townsville

DECISION OF: Keta Roseby, Presiding Member
Wayne Pennell, Member

DELIVERED ON: 8 November 2011

DELIVERED AT: Townsville

ORDERS MADE:      1.    The decision of the First Level Appeals Committee is confirmed.

CATCHWORDS:

Racing – greyhounds – presenting greyhound with prohibited substance in breach of GAR 83 – review of decision of the First Level Appeals Committee on penalty – whether the penalty imposed was manifestly inadequate – fresh hearing on the merits

Queensland Civil and Administrative Tribunal Act 2009, ss 20, 24(1)

Kehl v Board of Professional Engineers of Qld [2010] QCATA 50
Webb v Racing Queensland Limited [2011] QCAT 44

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Mr I Brown, In-house Counsel & Stipendiary Steward
RESPONDENT:	Mr T Schmitt, Wilson Ryan & Grose

REASONS FOR DECISION

1. Racing Queensland has sought a review of a decision of the First Level Appeals Committee dated 17 June 2011 in respect of Mr Michael Campbell.  The Committee found that Mr Campbell, a professional trainer, did not present the greyhound Rylee’s Revival free of a prohibited substance to the Townsville Greyhound Club meeting on 12 April 2011 and was thereby guilty of an offence.  The Committee imposed a $2,000.00 fine on Mr Campbell.

2. Racing Queensland seeks a review in relation to penalty only and on the basis that the fine is “manifestly inadequate”.[1]

   [1]        Application to review a decision OCR130-11 at p4.

Background

1. Rylee’s Revival competed at the Townsville Greyhound Club meeting on 12 April 2011 and was the winner of race 3.  Following the race a urine sample was taken from Rylee’s Revival and the results showed the presence of the prohibited substance dexamethasone.

2. Mr Campbell is the trainer of Rylee’s Revival and brought the greyhound to the meeting on 12 April 2011.

Stewards Inquiry

1. On 9 June 2011 the stewards conducted an inquiry and charged Mr Campbell under Rule 83 of the Greyhound Australasian Rules (GAR).  GAR 83 states:

   Greyhound to be free of prohibited substances

   “ …

   (2)      The owner, trainer or person in charge of a greyhound –

   (a) nominated to compete in an Event;

   …

   (d) shall present the greyhound free of prohibited substance.

   (3)      The owner, trainer or person in charge of a greyhound presented     contrary to sub-rule (2) shall be guilty of an offence.”

2. At the inquiry, Mr Campbell pleaded not guilty and stated that: “I can guarantee that I did not use this drug; have never used this drug, and this dog did not leave my house with this drug in it.”[2]

   [2]        Stewards Inquiry, page 13.

3. Further, Mr Campbell gave evidence as to how, he believed, Rylee’s Revival had tested positive to dexamethasone.  Mr Campbell recounted a discussion he had had with a Mr Rob Lound[3], following the race meeting in question, while watching replays of the races and that Mr…