Sitek v Queensland Racing Integrity Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Sitek v Queensland Racing Integrity Commission [2020] QCAT 53

PARTIES:

GEORGE SITEK

(applicant)

v

QUEENSLAND RACING INTEGRITY COMMISSION

(respondent)

APPLICATION NO/S:

OCR323-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

17 February 2020

HEARING DATE:

4 February 2020

HEARD AT:

Brisbane

DECISION OF:

Member King-Scott

ORDERS:

1.   The decision of penalty imposed be set aside.

2.   The Applicant is disqualified for a period of 6 months.

3.   The period of disqualification to commence from 1 March 2020.

CATCHWORDS:

ASSOCIATIONS AND CLUBS – RACING CLUBS AND ASSOCIATIONS – where administration of prohibited substance – non-licensed persons attending horse – where containers not clearly labelled – where consideration of factors related to penalty – whether appropriate penalty includes disqualification or suspension

Australian Rules of Racing
Queensland Civil and Administrative Tribunal Act 2009 (Qld)

Racing Integrity Act 2016 (Qld)

Abbott v Racing Queensland Limited [2012] QCAT 230
Briginshaw v Briginshaw (1938) 60 CLR 336
Facoory v Queensland Racing Ltd [2010] QCAT 120
Kehl v Board of Professional Engineers of Qld [2010] QCATA 58
Manzelmann v Racing Queensland Limited [2013] QCAT 45
Queensland Racing Integrity Commission v Belford [2017] QCATA 42

RVL Stewards v Peter Moody (Unreported, Racing Appeals and Disciplinary Board, 17 March 2016)

APPEARANCES & REPRESENTATION:
Applicant:	A Fronis of Counsel
Respondent:	A Freeman of Counsel, instructed by Queensland Racing Integrity Commission

REASONS FOR DECISION

1. The Applicant is a licensed trainer with stables at Darra.  He was the trainer of a gelding named Choppa. It was entered in the 6th race at the Sunshine Coast Turf Club’s meeting on 1 September 2018.

2. The horse underwent a random blood test before the race. When the sample was tested it revealed a total plasma carbon dioxide (TCO²) concentration of greater than 39 millimoles per litre in plasma in its system, which was above the prescribed limit. In fact, that was the limit of testing. In other words, the horse could have had a higher level but because the test limit was 39 mMol/litre, the actual concentration could not be determined. The prescribed limit under Rule 178C(1)(a) of the Australian Rules of Racing was 36 mMol/litre.

3. Choppa came last in the race.

4. The Applicant was charged, under Rule 175(h)(ii) of the Australian Rules of Racing, that as a licensed trainer he did administer a prohibited substance, namely TCO², above the permitted threshold under Rule 178C(1)(a) of the Australian Rules of Racing which was detected in a pre-race blood sample taken from Choppa prior to its running in race 6 at the Sunshine Coast  on 1 September 2018. Rule 175(h)(ii) provides:

   AR175. The Principal Racing Authority (or Stewards exercising powers delegated to them) may penalise;

   (h) Any person who administers, or causes to be administered, to a horse any          prohibited substance-

   …

   (ii)       which is detected in any sample taken from such horse prior to or               following the running of any race.

5. The Applicant pleaded not guilty. The Stewards found the Applicant guilty and…