Thomas v Queensland Racing Integrity Commission - [2023] QCAT 106

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Thomas v Queensland Racing Integrity Commission [2023] QCAT 106

PARTIES:

NATHAN THOMAS

(applicant)

v

QUEENSLAND RACING INTEGRITY COMMISSION

(respondent)

APPLICATION NO/S:

OCR 063-21

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

21 March 2023

HEARING DATE:

6 September 2022

HEARD AT:

Brisbane

DECISION OF:

Member Paratz AM

ORDERS:

The Internal Review decision made on 5 March 2021 is confirmed.

CATCHWORDS:

ASSOCIATIONS AND CLUBS – RACING CLUBS AND ASSOCIATIONS – where the meaning of improper riding was discussed – where a jockey sought to move his horse across to a favoured position – where two horses buffeted against each other – whether a dangerous or potentially dangerous situation was created

Australian Rule of Racing, 131(a)

Schofield: Racing Appeals and Disciplinary Board Victoria, 26 September 2014

Holland: Racing New South Wales Appeal Panel, 5 October 2018
Bullock: New South Wales Appeal Panel, 4 February 2022

Racing Queensland Ltdv Cullen [2011] QCAT 393

APPEARANCES & REPRESENTATION:

Applicant:

P. O’Sullivan of Shotters Lawyers, Newcastle, NSW

Respondent:

C. Johnstone of Counsel, instructed by the Queensland Racing Integrity Commission

REASONS FOR DECISION

Mr Thomas was found guilty of a charge of improper riding in a horse race held at the Sunshine Coast Turf Club on 5 February 2021, at a Steward’s enquiry conducted that day, and a penalty of a three week suspension was imposed.
Mr Thomas sought an Internal Review of the Steward’s decision by the Queensland Racing Integrity Commission (the Commission), which confirmed the original decision on 5 March 2021.
Mr Thomas filed an Application to review the Internal Review decision on 10 March 2021.
The Internal Review decision was stayed by an Order of the Tribunal on 10 March 2021 pending the final determination or withdrawal of the Application to review a decision.
The matter was heard by me on 6 September 2022, and I reserved my decision. These are my Reasons.

The charge

Mr Thomas was the rider of a horse named Duble Gaze in Race 6 at the Sunshine Coast Turf Club on 5 February 2021.
Ms Stephanie Thornton was the rider of another horse in the race named Parangas.
After the race concluded, Mr Thomas attended a Steward’s enquiry where he was found guilty of a charge of improper riding pursuant to Australian Rule of Racing 131(a) which provides as follows:
A rider must not, in the opinion of stewards, engage in careless, reckless, improper, incompetent or foul riding.
The specifics of the charge were described by the Stewards at the enquiry as being that:[1]
The improper riding being that you, as the rider of Duble Gaze, in Race 6 here tonight at the Sunshine Coast Turf Club on 5 February 2021, did ride in an improper manner, in that you directed your mount, Duble Gaze, inwards near the 1200 metres, initiating contact with Parangas in an attempt to force that horse towards the fence.
You then continue to direct your mount inwards for approximately 300 m, to deliberately force Parangas…

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: [2023] QCAT 106
Decision Date

CaseChat Overview and Summary

In the Queensland Civil and Administrative Tribunal, Nathan Thomas, an applicant, challenged the Internal Review decision made by the Queensland Racing Integrity Commission. The Commission upheld the Steward's decision that Mr Thomas was guilty of improper riding during a horse race held at the Sunshine Coast Turf Club on 5 February 2021, and imposed a penalty of a three-week suspension. The applicant sought a review of the Internal Review decision, which was stayed by an Order of the Tribunal on 10 March 2021. The matter was heard on 6 September 2022, and the Tribunal reserved its decision. The primary issue before the Tribunal was whether Mr Thomas's riding during the race was improper or merely competitive. The Tribunal found that the applicant's conduct involved deliberate action which created actual and potential danger, and therefore constituted improper riding as found by the Internal Review decision.

The Tribunal's reasoning was based on the evidence provided by the witnesses at the hearing and the video footage of the race. The Chief Steward, Mr Williamson, testified that the horses were buffeting for up to 300 metres, which he described as very unusual and dangerous. He also stated that Ms Thornton was placed in a dangerous predicament by having to follow the heels of the horse in front as she got to the fence, as there was a danger of the horse's legs contacting, as the front legs of her horse were next to the hind heels of the horse in front. The Tribunal preferred the evidence of Ms Thornton and accepted that Mr Thomas was deliberately attempting to force her across, and that they were buffeting against each other for at least 150 metres, and up to 300 metres. The Tribunal was satisfied that Mr Thomas's conduct 'crossed the line' from competitive riding, by his deliberate action in attempting, and continuing to attempt, to force Ms Thornton to the fence, in that he created actual danger by the buffeting of their horses, and potential danger of Ms Thornton clipping the heels of the horse in front if she were to move across. Therefore, the Tribunal confirmed the Internal Review decision made on 5 March 2021.

Orders