Smith v Racing Queensland Limited

Aileen Smith, an experienced horse trainer, sought a review of a penalty imposed on her by Racing Queensland Limited following the detection of caffeine in her horse, Justaregularguy, after a race. The penalty was set aside and replaced with a $4,000 fine. The Tribunal had to determine whether the penalty imposed by Racing Queensland was excessive, considering the circumstances of the offence. The Tribunal reviewed the evidence presented, including the analysis of the horse's sample, the administration of Hemo Cease, and Mrs Smith's efforts to ensure that the product did not contain prohibited substances. The Tribunal found that Mrs Smith had acted in good faith and had taken reasonable steps to avoid a breach of the Rules.

The Tribunal considered the principles of strict liability, deterrence, and the integrity of the racing industry when formulating an appropriate penalty. While the offence is one of strict liability, and Mrs Smith is not required to have knowingly administered the prohibited substance, the Tribunal recognised the need to maintain the integrity of the racing industry and deter future breaches. The Tribunal also took into account Mrs Smith's good record as a trainer and the fact that the product in question was freely available for sale in Queensland. The Tribunal found that the most likely source of the caffeine was the Hemo Cease product and accepted Mrs Smith's submission that she had done all she could to avoid a breach of the Rule.

In conclusion, the Tribunal set aside the decision of Racing Queensland and in lieu, imposed a $4,000 fine on Mrs Smith. The Tribunal found that Mrs Smith had acted in good faith and had taken reasonable steps to avoid a breach of the Rule, and considered the fact that Hemo Cease was freely available for sale in Queensland. The Tribunal recognised the need to maintain the integrity of the racing industry and deter future breaches, but also took into account Mrs Smith's good record as a trainer. The Tribunal considered that the appropriate penalty in this case was a fine of $4,000, which was less severe than the disqualification or suspension penalties imposed in similar cases.