On 7, 8 and 9 February 2017, the Victorian Civil and Administrative Tribunal (VCAT) heard the application for review of Mr Daniel Neagoe in regard to the decision of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board of 22 July 2016 to impose a six-month disqualification upon Mr Neagoe for a breach of Australian Harness Racing Rule (AHRR) 190(1). The VCAT simultaneously heard the review of registered owner Sloys Company Pty Ltd regarding the disqualification of ‘Hot Shot Woman’ from Race 5 at Tabcorp Park Melton on 30 August 2015.
The details of the HRV RAD Board hearing of 22 July 2016 can be viewed here.
Background
In December 2015, HRV Stewards issued a charge against licensed trainer Daniel Neagoe alleging a breach of AHRR 190(1), being that he presented the horse ‘Hot Shot Woman’ to race in the ‘Betterthancheddar @ Alabar Breeders Crown Series 18 (2YO Fillies) Final (Group 1)’ at Tabcorp Park Melton on 30 August 2015 when not free of the prohibited substances amphetamine, hydroxyamphetamine, methamphetamine and hydroxymethamphetamine.
Following a HRV RAD Board hearing conducted on 27 May 2016 and subsequent penalty hearing on 22 July 2016, the HRV RAD Board imposed a disqualification on Mr Neagoe for a period of six months with immediate effect, and acting under AHRR 195 also disqualified ‘Hot Shot Woman’ from the relevant race.
VCAT Hearing
In August 2016, Mr Neagoe made application to the VCAT for a review of the HRV RAD Board decision to impose a disqualification. Mr Neagoe did not apply for a stay of proceedings and as such served out this particular period of disqualification prior to the hearing.
Sloys Company Pty Ltd, the registered owner of ‘Hot Shot Woman’ at the relevant time, also applied to the VCAT for a review of the decision to disqualify ‘Hot Shot Woman’ from Race 5 at Melton on 30 August 2015.
On 7, 8 and 9 February 2017, both applications were heard by VCAT Senior Member Gerard Butcher.
VCAT Decision
On 2 May 2017, Senior Member Butcher released his decision in relation to the review applications.
The VCAT decision can be found here.
In affirming the decision of the HRV RAD Board to impose a disqualification on trainer Daniel Neagoe for presenting ‘Hot Shot Woman’ to race not free of prohibited substances, Senior Member Butcher said that a breach of this rule ‘has consistently been found to be one of absolute liability’ and saw no reason to diverge from that approach.
Senior Member Butcher also highlighted the mandatory provision of AHRR 195 which requires that ‘Hot Shot Woman’ be disqualified from the relevant race following a finding that the horse was presented to race not free of prohibited substances. As such the decision to disqualify ‘Hot Shot Woman’ was also affirmed.
Harness Racing Victoria