Day At The Track

Unbelievable - 82 year-old legend fined $500

07:35 PM 13 Apr 2015 NZST
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Graeme Lang
Graeme Lang

Harness Racing Appeals & Disciplinary Board

Racing Appeals & Disciplinary Board Result of the appeal held before the Harness Racing Victoria Racing Appeals and Disciplinary Board on 10 April 2015.

Graeme Lang

Against a $500 fine imposed by the stewards under Rule 168(1) at the Bendigo meeting on 19 March 2015.

Appeal dismissed.

HRV RAD Board Panel:

Brian Collis QC (Chairman), John Denahy

Appellant Representative: Joe Beder

HRV Representative: Kylie Harrison

TRANSCRIPT OF PROCEEDINGS

RACING AND DISCIPLINARY BOARD

BRIAN COLLIS QC, Chairman

MR JOHN DENAHY

EXTRACT OF PROCEEDINGS

GRAEME LANG

DECISION

FRIDAY 10 APRIL 2015

MS K HARRISON appeared on behalf of the HRV Stewards

MR JOE BEDER appeared on his behalf of Mr Lang 

The Board has considered the evidence given at the stewards inquiry held on the 19th of March as per the transcript of that inquiry which has been tendered.

We’ve considered the video footage of the race and we’ve considered the evidence and submissions this day including the documentary evidence.

Mr Graeme Lang is 82 years of age, he has been involved in the harness racing industry for at least 60 years and is held in high esteem in the harness racing industry generally.

We’ve been taken to his record since the year 1980 and it has been pointed out that on occasions when he has been charged with dropping his foot from the sulky rest that that has not resulted in any charge of improper driving and the he has been dealt with by way of caution or by way of moderate fines to say the least and in so being dealt obviously the stewards were not satisfied that there was any intentional act in those occurrences.

The horse Katmandonny is a horse of moderate performance.

In the concluding stages the Board is satisfied that Mr Lang did maintain a balanced posture and whilst maintaining that balanced posture his left foot did come down from the sulky rest.

We are not satisfied on the evidence that there was any contact caused to the hind legs of the horse Katmandonny but we are satisfied on the balance of probabilities that the opinion of the stewards that his foot to leave the footrest in those circumstances was improper driving within the meaning of 168(1) of the Australian Rules of Harness Racing was a reasonably held opinion and therefore we dismiss the appeal with the finding of conviction.

Further notwithstanding Mr Lang’s long and excellent record as the Board has found that he was guilty of improper driving on this occasion and as the penalty imposed by the stewards was the usual penalty for this offence we dismiss the appeal as to penalty also.

Graeme Lang driving Katmandonny - The race in question

The Racing Appeals & Disciplinary Board (RADB) is established under section 50B of the Racing Act (1958). The RADB is an independent Board established to hear and determine appeals in relation to decisions made under the rules to impose penalties on persons and to hear and determine charges made against persons for serious offences.

Harness Racing Appeals & Disciplinary Board

 

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