The Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board today heard a matter in regards to a charge issued by HRV Stewards under Australian Harness Racing Rule (AHRR) 241 against Angela Gilbert (unlicensed participant).
AHRR 241 reads as follows:
A person shall not in connection with any part of the harness racing industry do anything which is fraudulent or corrupt.
The charge under AHRR 241 issued by HRV Stewards against Ms Gilbert related to the movement and rehoming of standardbred horses in July 2017.
Acting on information from an industry participant that two standardbred horses were available to be rehomed, Ms Gilbert attended a registered harness racing property of the industry participant in Victoria where she collected the standardbred horses. The horses were given to Ms Gilbert for free and she advised the industry participant that these horses would re-educated and rehomed.
Ms Gilbert initially advised HRV Stewards that the horses were re-educated and rehomed, but later confirmed that she had in fact sold the horses to the Echuca Horse Sales, from where they were purchased by an abattoir and destroyed shortly thereafter.
At the hearing the HRV RAD Board determined that Ms Gilbert, despite being an unlicensed person and not being a registered owner, was carrying on activities that related to the harness racing industry and therefore was bound by the rules because of the operation of AHRR 299.
AHRR 299 reads as follows:
All persons (a) licensed under these rules; (b) carrying on or purporting to carry on activities related to the harness racing industry; or (c) who in some other way are affected by the rules; are deemed to have knowledge of and be bound by them and of all the things done under them.
Ms Gilbert did not appear at the hearing. The HRV RAD Board considered submissions from HRV Stewards relating to recent communication with Ms Gilbert and notification of the charge and hearing date and determined to proceed in her absence under Victoria Local Rule 50(1)(a).
The HRV RAD Board, after hearing evidence from HRV Stewards and after taking into consideration all relevant material including interviews, statements and exhibits, found Ms Gilbert guilty of the charge issued under AHRR 241. After considering submissions from the HRV Stewards in relation to the importance of animal welfare, specific and general deterrence and the need to protect the harness racing industry, the HRV RAD Board imposed a disqualification period of 18 months against Ms Gilbert, which is effective immediately. Ms Gilbert was also fined $810, which equates to the amount that was earned in selling the standardbred horses to the Echuca Horse Sales.
HRV RAD Board Panel: Alanna Duffy (Chair), Hugh Millar, Nicholas Rolfe.
Harness Racing Appeals & Disciplinary Board