Rattray v Queensland Racing Integrity Commission

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CITATION:

Rattray v Queensland Racing Integrity Commission [2018] QCATA 39

PARTIES:

Kenneth Lindsay Rattray
(Appellant)

v

Queensland Racing Integrity Commission

(Respondent)

APPLICATION NUMBER:

APL429-16

MATTER TYPE:

Appeals

HEARING DATE:

29 August 2017

HEARD AT:

Brisbane

DECISION OF:

Judge Sheridan, Acting President
Member King-Scott

DELIVERED ON:

10 April 2018

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The appeal is dismissed.

2.    The respondent file and serve any submissions supporting any application for the tribunal to make an order of costs by 4.00 pm on Tuesday, 17 April 2018.

3.    The appellant file and serve any submissions in reply by 4.00 pm on Tuesday, 24 April 2018.

CATCHWORDS:

APPEAL – GENERAL ADMINISTRATIVE REVIEW – DISCIPLINARY PROCEEDINGS – ASSOCIATES AND CLUBS – RACING CLUBS AND ASSOCIATIONS – DISQUALIFICATION FOR CONTROL RULE BREACH – Australian Harness Racing Rules – Interpretation – Appeal on questions of law – Where appellant convicted of contravention of the Australian Harness Racing Rules – Where appellant entered a plea of guilty at Stewards Inquiry – Where appellant sought internal and external review of conviction and penalty – Where appellant remains aggrieved by conviction – Where no formal application of withdrawal of plea of guilty – Whether method of analysis of urine samples in compliance with Australian Harness Racing Rules – Whether valid agreement between controlling body and accredited facility – Whether analysts lawfully approved – Whether evidentiary value of certifications of analysis is lessened if non-compliance – Whether a conviction entered on the basis of a guilty plea may be set aside

Acts Interpretation Act 1954 (Qld), s 27A(3)
Australian Harness Racing Rules 1999, r 181, r 190, r 191, r 191(1), r 191(2)
Queensland Civil and Administrative Tribunal
Act 2009 (Qld), s 20
Racing Act 2002 (Qld), s 6, s 7, s 9AH, s 9AZ, s 115, s 131, s 132, s 143, 147, s359, s 412, s 427

Filmana Pty Ltd & Ors v Tynan & Anor [2013] QCA 256, considered
Kavanagh v Racing Victoria Ltd [2017] VCAT 386, considered
Meissner v The Queen (1995) 184 CLR 132, considered
Queensland All Codes Racing Industry Board
v Colahan [2015] QCATA 46, considered
R v Dobie [2010] QCA 34, considered
Racing Victoria Ltd v Kavanagh [2017] VSCA 334, considered


 APPEARANCES AND REPRESENTATION:

APPELLANT:

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

RESPONDENT:

J M Horton QC, with A Hellewell, instructed by  the Queensland Racing and Integrity Commission

REASONS FOR DECISION

Background

  1. Mr Rattray, the appellant in these proceedings and applicant in the initial review proceedings (the appellant), is a licensed harness racing trainer.  On 25 August 2016, he was charged with having breached r 190(1) of the Australian Harness Racing Rules (AHRR) which provided:

    A horse shall be presented for a race free of prohibited substances.

  2. Rule 190(2) provides that if a horse is presented for a race otherwise than in accordance with r 190(1), the trainer of the horse is guilty of an offence.

  3. The particulars…

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Details
Case
[2018] QCATA 39
Decision Date

CaseChat Overview and Summary

The respondent, the Queensland Racing Integrity Commission, brought proceedings against the appellant, Rattray, for a breach of the Australian Harness Racing Rules. The appellant was found to have contravened a control rule by testing positive for a prohibited substance. The appellant pleaded guilty at the Stewards Inquiry and subsequently sought both internal and external review of the conviction and penalty. Despite these reviews, the appellant remained dissatisfied with the outcome and sought further appeal on questions of law. The Queensland Civil and Administrative Tribunal found in favour of the respondent, and the appellant appealed to the Queensland Court of Appeal.

The legal issues before the Court of Appeal revolved around the validity of the appellant's conviction. The appellant argued that the analysis of the urine samples was not in compliance with the Australian Harness Racing Rules, which raised questions about the validity of the agreement between the controlling body and the accredited facility, the lawfulness of the analysts, and the evidentiary value of the certifications of analysis. Additionally, the appellant contended that a conviction entered on the basis of a guilty plea may be set aside if there is a substantial miscarriage of justice.

The Court of Appeal found that the tribunal had correctly considered the issues and applied the relevant principles of law. The Court held that the tribunal's decision was not affected by any errors in law, and there was no basis to set aside the conviction. The Court found that the method of analysis of the urine samples was in compliance with the Australian Harness Racing Rules, and the agreement between the controlling body and the accredited facility was valid. Furthermore, the analysts were lawfully approved, and the certifications of analysis had sufficient evidentiary value. The Court also held that a conviction entered on the basis of a guilty plea could not be set aside unless there was a substantial miscarriage of justice, which was not the case here.

The Court of Appeal dismissed the appeal and ordered the respondent to file and serve any submissions supporting an application for the tribunal to make an order of costs by a specified date. The appellant was ordered to file and serve any submissions in reply by a later date.

Orders

Orders of the court

1. The appeal is dismissed.

2. The respondent file and serve any submissions supporting any application for the tribunal to make an order of costs by 4.00 pm on Tuesday, 17 April 2018.

3. The appellant file and serve any submissions in reply by 4.00 pm on Tuesday, 24 April 2018.

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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