Veterinary Surgeons Investigating Committee v Post

CITATION:	Veterinary Surgeons Investigating Committee v Post [2005] NSWADT 111
DIVISION:	General Division
PARTIES:	APPLICANT Veterinary Surgeons Investigating Committee RESPONDENT Dr Alan Post
FILE NUMBER:	043264
HEARING DATES:	15/11/2004-17/11/2004
SUBMISSIONS CLOSED:	02/18/2005
DATE OF DECISION:	05/20/2005
BEFORE:	Hennessy N - Magistrate (Deputy President); Crisp T - Non Judicial Member; Clark F - Non Judicial Member
APPLICATION:	Veterinary Surgeons Act - veterinary surgeon - misconduct in a professional respect - Veterinary surgeon - misconduct in a professional respect
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Veterinary Surgeons Act 1986 Veterinary Surgeons Regulation 1995
CASES CITED:	Briginshaw v Briginshaw (1938) 60 CLR 336 Ex parte Tziniolis Re Medical Practitioners Act (1966) 67 SR (NSW) 448 Veterinary Surgeons Investigating Committee -v- Howe [2002] NSWADT 191
REPRESENTATION:	APPLICANT M Wade, solicitor RESPONDENT M Allars, counsel
ORDERS:	The complaints against Dr Post are not proved.

Introduction

1 Dr Post is a veterinary surgeon who used to practise in Glen Innes. He has a strong interest in horses and his de facto partner, Ms Judy Burton, has competed in numerous endurance riding events. The Annetts family and the Parnell family also live in Glen Innes. Both families had an extremely high regard for Dr Post, professionally and personally, and socialised with him especially at horse riding events. Their daughters, Jennifer Annetts and Tami Parnell went to the property on which Dr Post and Ms Burton lived, three or four times a week and rode horses which Dr Post and Ms Burton were looking after for the owner, Ms Sue Hicks.

2 On 7 and 8 June 2003 the annual Tom Quilty Endurance Ride of 160 kilometres was held in Canowindra. The Annetts family, the Parnell family, Dr Post and Ms Burton took five horses to the event and they all camped together at the show grounds. Judy Burton, Tami Parnell and Jennifer Annetts competed in the ride, which began at midnight on the Saturday morning. Jennifer Annetts, who was 17 years old at the time, rode “Pharaoh” and was successful in winning the lightweight division of the ride. She finished the race sometime late on Saturday afternoon. The following morning at about 9 am, she competed in and won the Fittest Horse Competition. That competition is held to determine which horse in each division completed the ride in the soundest condition.

3 After the completion of the Fittest Horse Competition Jeffrey Bonham, the Drug Testing Steward approached Jenny Annetts and told her that Pharaoh would be required to have a drug test. The test was performed at about 12.10 pm and Pharaoh tested positive to phenylbutazone. Dr Post says that he administered phenylbutazone to Pharaoh when treating the horse for a cut on his front left leg at about 11.30 am on Sunday morning 8th June 2003. He says that he thought the horse had already been drug tested at that time. Dr McKay (Jennifer Annett’s mother) and Mrs Parnell, both say that Ms Burton had a conversation with each of them separately before Dr Post…