On 2 March 2022, the New South Wales (NSW) Supreme Court delivered a judgment to dismiss an appeal lodged by Dr Adam Matthews with respect to cobalt charges laid against him by Racing NSW Stewards under the Rules of Racing (Thoroughbred).
As a result of the NSW Supreme Court Decision, Dr Matthews was subject to a six-month disqualification period imposed by the Racing Appeals Tribunal NSW on 18 June 2021, commencing on 2 March 2022 and expiring on 2 September 2022.
Upon consideration of the NSW Supreme Court Decision, Harness Racing Victoria (HRV) Stewards have determined Dr Matthews will be required to observe the terms and conditions of the Racing NSW Disqualification as it applies to his harness racing activities in Victoria.
This decision has been imposed by HRV Stewards under the Australian Harness Racing Rule 298, which states as follows:
(1) A person subject to disqualification, suspension or some other disability imposed by an approved body shall during its currency and as far as practicable, observe within the jurisdiction of the Controlling Body the terms and conditions of the disqualification, suspension or other disability as if they applied to the person’s harness racing activities.
(2) A person intending to participate in a harness racing activity shall give reasonable notice to the Controlling Body or the Stewards of any current disqualification, suspension or other disability imposed on the person by an approved body.
(3) The Stewards may direct a person to do or not to do something which in the opinion of the Stewards is consistent with a disqualification, suspension or other disability imposed by an approved body.
(4) The Controlling Body may make determinations, and the Stewards may exercise the powers granted to them by these rules, to ensure or facilitate within the jurisdiction of the Controlling Body the observation of the terms and conditions of a disqualification, suspension or other disability imposed on a person by an approved body as if those terms and conditions applied to the person’s harness racing activities.
(5) A person who fails to comply with sub rule (1) or sub rule (2) or with a direction given under sub rule (3) is guilty of an offence.
(6) Notwithstanding the foregoing provisions of this rule the Controlling Body may determine that one or more of sub rules (1), (2) and (3) do not apply in certain circumstances or to a particular person.
(7) In this rule an approved body means an organisation accepted by the Controlling Body as controlling thoroughbred or greyhound racing in a State or Territory of Australia or in part of or the whole of a country and the officials, officers and Stewards of such an organisation.