The Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board today heard a matter in regards to charges issued by HRV Stewards under Australian Harness Racing Rule (AHRR) 241 against Mr Alan David Eric Hutchings (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 against Mr Hutchings related to an advertisement in August 2016 where he advertised in the harness racing publication National Trotguide (Harness Racing Weekly) for horses and ponies wanted for reeducation.
As a result of this advertisement, Mr Hutchings attended a registered harness racing property of an industry participant in Victoria where he collected 4 standardbred horses. These horses were given to Mr Hutchings for free on the proviso these four would be rehomed.
Hutchings assured the industry participant at the time of collecting these horses that they would be re-educated and rehomed and not sold to Echuca horse sales. These horses were later identified at the Echuca horse sales.
At the HRV RAD Board today, they considered whether AHRR Rule 299 applied to Mr Hutchings as he is an unlicensed person. The RAD Board determined that Mr Hutchings, despite being unlicensed and not being a registered owner was carrying on activities that related to the harness racing industry and therefore was bound by the rules.
AHRR 299 reads as follows;
All person (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.
Mr Hutchings did not appear today, however after considering submissions from HRV Stewards relating to recent communication with Mr Hutchings and acting under Victorian Local Rule 50 (1) (a) proceeded in his absence.
The RAD Board, after hearing evidence from Stewards and after taking into consideration all relevant material including all interviews, statements and exhibits found Mr Hutchings guilty of the charge issued under AHRR 241. After considering submissions from the HRV Stewards in relation to the importance of animal welfare and taking into account specific and general deterrence and to protect the harness racing industry, the HRV RAD Board formally imposed a disqualification period of 18 months against Mr Hutchings which is effective immediately.
HRV RAD BOARD – Alan David Eric Hutchings
Racing Appeals & Disciplinary Board
6 March, 2017