Richardson v Racing Queensland Ltd - [2013] QCAT 95

CITATION:

Richardson v Racing Queensland Ltd [2013] QCAT 95

PARTIES:	Adam Phillip Richardson (Applicant)
v
Racing Queensland Ltd (Respondent)

APPLICATION NUMBER:

OCR415-12

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

21 January 2013

HEARD AT:

Brisbane

DECISION OF:

Mr Richard Oliver, Senior Member
Mr John Bertelsen, Adjudicator

DELIVERED ON:

26 February 2013

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The decision of the Stewards is confirmed

CATCHWORDS:

Harness Racing – whether unacceptable drive by the applicant – consideration of whether conduct blameworthy – whether error of judgment.

Queensland Civil and Administrative Tribunal Act s 20
Australian Harness Racing Rules R 149

McMullen v Racing Queensland Ltd[2012] QCAT 286; Misfud v Racing Victoria Stewards [2007 VRAT 6; Green v Racing Queensland Ltd [2012] QCATA 269

APPEARANCES and REPRESENTATION (if any):

APPLICANT:

Mr Richardson was represented by Mr Neaves of counsel

RESPONDENT:

Racing Queensland Ltd was represented by Mr McLune of Racing Queensland Ltd

REASONS FOR DECISION

Mr Richardson was the driver of the horse, Jasper In Flight, in race 4 at the Redcliffe Paceway on 12 December 2012. Jasper In Flight was not a favourite in the race and started at long odds (100-1).
At the commencement of the race when the horses left the barrier, there were two horses to its inside, it being three wide to Waipawa Lord and Bustling Benny. Waipawa Lord was the favourite with a starting price of $1.50 and Bustling Benny was at 10-1. Jasper In Flight got off to a reasonably good start and Mr Richardson drove the horse hard in the early stages of the race however being three wide he was unable to maintain the pace with the two inside horses and at or about the 500-600 metre mark, dropped back in the field and ultimately finished last by about 83 metres.
Stewards were critical of Mr Richardson’s drive in taking on the two favourites in the race in the early stages in circumstances where it was unlikely Jasper In Flight was going to be able to move into a favourable position either in front of or stay with the leaders for the whole of the race.
As a consequence, the stewards immediately convened an inquiry after the race. After hearing evidence from both Mr Richardson and the trainer of the horse, Mr Hassum, they decided to charge Mr Richardson with a breach of Rule 149(2) of the Australian Harness Racing Rules which requires that a person shall not drive in a manner which, in the opinion of the stewards, is unacceptable. The stewards were satisfied that the drive by Mr Richardson was unacceptable and suspended his license for a period of 4 weeks.
Mr Richardson appealed to the first level Appeals Tribunal within Racing Queensland. After hearing submissions from both Mr Richardson’s counsel and Racing Queensland, the first level appeal committee dismissed the appeal.
Mr Richardson then filed an application to review the decision of the stewards in the Tribunal. The function of the Tribunal in a review of decision is…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2013] QCAT 95
Decision Date

CaseChat Overview and Summary

The matter of Richardson v Racing Queensland Ltd was heard by the Queensland Civil and Administrative Tribunal. The applicant, Adam Phillip Richardson, sought to appeal the decision of the Stewards to suspend his licence for a period of four weeks. The Stewards had found that Mr Richardson’s driving of Jasper In Flight during race 4 at the Redcliffe Paceway on 12 December 2012 was unacceptable and in breach of Rule 149(2) of the Australian Harness Racing Rules. The Tribunal’s function in reviewing the decision of the Stewards was to produce the correct and preferable decision by way of a fresh hearing on the merits.

The legal issues for the Tribunal to consider were whether Mr Richardson’s conduct amounted to an unacceptable drive as per Rule 149(2) of the Australian Harness Racing Rules and whether his actions were blameworthy or merely an error of judgment. The Tribunal considered the evidence of Mr Richardson, the trainer, and the veterinary surgeon. The Tribunal also viewed a DVD of the race. The Tribunal had to consider the form of the horse, the tactics discussed with the trainer, and the evidence of the veterinary surgeon about the horse’s breathing.

The Tribunal found that Mr Richardson’s decision to press Jasper In Flight when he was three wide and had no prospect of being in contention was not an error of judgment but a conscious decision made after 400 metres. The Tribunal accepted that there was nothing blameworthy in Mr Richardson’s actions to press the horse at the start to test the favourites but being three wide for about 400 metres, and obviously covering much more ground than the shorter priced horses, and then expecting to put pressure on the inside horses with the use of the whip was unlikely to result in him being in a position of contention. The Tribunal confirmed the decision of the Stewards that Mr Richardson’s conduct was blameworthy and unacceptable.

The Tribunal confirmed the decision of the Stewards to suspend Mr Richardson’s licence for a period of four weeks. The Tribunal found that the Stewards’ decision was correct and preferable on the evidence before it.

Orders