On 20 and 21 February 2017, the Victorian Civil and Administrative Tribunal (VCAT) heard the application for review of Mr Joe Bajada in regard to the decision of the HRV Racing Appeals and Disciplinary (RAD) Board of 14 September 2016 to impose various penalties upon Mr Bajada regarding breaches of the Australian Harness Racing Rules (AHRR). The details of the HRV RAD Board hearing of 14 September 2016 can be viewed here.
Mr Bajada entered a plea of not guilty to all charges at the RAD Board hearing and maintained that plea at the VCAT review hearing.
Background
The rule breaches related to an inspection of the registered stable of Mr Bajada by HRV Stewards on 29 April 2016. The inspection revealed Mr Bajada to be in direct possession of stomach tubing equipment in proximity to the horse Major Calipso which was engaged to race at Tabcorp Park Melton later that day.
A series of blood samples were taken from Major Calipso and another horse on the property, namely Arts Professor, throughout the evening of 29 April 2016. The observations of the Stewards during the stable inspection along with the results of the blood samples provided the basis for a charge issued against Mr Bajada under AHRR 193(1) (Charge 1), which states:
A person shall not attempt to stomach tube or stomach tube a horse nominated for a race or event within 48 hours of the commencement of the race or event.
Mr Bajada was also issued with a charge under AHRR 190B (Charge 3) which states:
A trainer shall at all times keep and maintain a log book
The particulars of that charge detailed that Mr Bajada’s log book failed to record sufficient information as required by the provisions of this rule.
A further charge was issued under AHRR 90A(2.9) (Charge 4), that states:
The holder of a trainer’s licence shall ensure that all persons carrying out the duties of a stable hand are licensed as stable hands.
This charge related to the presence of Mr Raymond Apap at the stables of Mr Bajada, assisting in the washing, grooming and preparation of Major Calipso.
An alternate charge (Charge 2) was withdrawn by HRV Stewards pending Charge 1 being proven.
The penalties imposed by the HRV RAD Board on 14 September 2016 were as follows:
Charge 1 – AHRR 193(1) – 12 month disqualification
Charge 3 – AHRR 190B – $250 fine
Charge 4 – AHRR 90A(2.9) – $200 fine
VCAT Hearing
On 14 September 2016, Mr Bajada applied to the VCAT for a review of the decision of the RAD Board of that day and was granted a stay of all the penalties imposed.
At the VCAT Hearing on 20 and 21 February 2017, the presiding member Vice President Judge Harbison heard evidence from HRV Senior Steward Kylie Harrison, Veterinary Consultant Dr Richard Cust, RASL Scientific Manager Paul Zahra, Mr Bajada himself, Mr Raymond Apap and Dr Andrew Clarke. After considering the evidence presented Her Honour found Mr Bajada guilty of all relevant charges.
Submissions in relation to penalty included the seriousness of the offence; the effect of such offences on the integrity of the harness racing industry; Mr Bajada’s personal circumstances; and his involvement in the industry since the date of the offence.
Upon consideration of these submissions Her Honour ordered that the decision of the HRV RAD Board of 14 September 2016 be set aside and imposed penalties as follows:
Charge 1 – AHRR 193(1) – 12 month disqualification, to commence at 1 January 2017.
Charge 2 – Lapses on conviction of Charge 1
Charge 3 – AHRR 190B – $100 fine
Charge 4 – AHRR 90A(2.9) – $100 fine