Richardson v Racing Queensland Ltd

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.