On 22 November 2022, the Victorian Civil and Administrative Tribunal (VCAT) heard an application for review lodged by Harness Racing Victoria (HRV) regarding the penalty decision of the Victorian Racing Tribunal (VRT) dated 18 February 2022 concerning licensed trainer-driver Gary Donaldson. This VCAT review was in relation to the penalty on Charge 1 only.
Background
On 18 February 2022, Mr Donaldson pleaded guilty to a charge issued under Australian Harness Racing Rule 190(1) for presenting the horse ‘Liberland’ to race at Horsham on 17 September 2020 when not free of cobalt, a prohibited substance when present in urine at a concentration of greater than 100µg/L. The VRT imposed a 4-month suspension on Mr Donaldson’s trainers licence, wholly suspended for a period of 12 months. The full VRT decision can be found here.
VCAT Decision
In the VCAT decision on 22 November 2022, Senior Member Wentworth set aside the VRT decision and ordered that Mr Donaldson’s trainers license be suspended for period of 12 months, with 9 months of that penalty suspended for 24 months pending no further breach of Australian Harness Racing Rule 190(1). This penalty is to commence at midnight on 29 November 2022. The VCAT Orders can be viewed here.