The Harness Racing Victoria (HRV) Stewards have concluded inquiries into the activities of various persons when the not the holder of the licence required by the Australian Harness Racing Rules (AHRR).

Raharna McDonald

Ms McDonald pleaded guilty to a charge under AHRR 203 which states:

203. A person shall not train a horse unless that person holds a training licence.

The particulars of the charge related to Ms McDonald training multiple unnamed horses, including a horse later named Magic Reactor, which was presented to the unofficial education trial at the Mildura racecourse on 24 May 2020, when not the holder of a trainers licence.

In assessing penalty Stewards considered:

  • Ms McDonald’s guilty plea;
  • Initial admissions provided;
  • General and specific deterrence;
  • Circumstances of the offending;
  • Personal subjective facts.

Stewards accordingly imposed a 3-month suspension and a $500 fine.

 

Rick O’Brien

Mr O’Brien was found guilty of 2 charges.

Charge 1 was issued under AHRR 239A which states:

239A. A person whose conduct or negligence has led or could lead to a breach of the rules is guilty of an offence.

The particulars of this charge related to Mr O’Brien contacting the Mildura Harness Racing Club and entering an unnamed horse (later named Magic Reactor) in the unofficial education trial on 24 May 2020 when he was not the trainer of that horse and by doing so his conduct led to Raharna McDonald breaching AHRR 203.

Charge 2 was issued under AHRR 231(2) which states:

231. (2) A person shall not misconduct himself in any way. 

The particulars of this charge related to Mr O’Brien’s comments towards a HRV Steward when performing their duties on 17 July 2020.

In assessing penalty Stewards considered:

  • Mr O’Brien’s not guilty plea;
  • His clear prior offence record;
  • His lack of any acknowledgment of wrongdoing;
  • Personal subjective factors;
  • The circumstances of the offending particularly noting, with respect to Charge 1, he had full knowledge Ms McDonald was not the holder of a trainers licence.

Stewards accordingly imposed the following penalties:

Charge 1 - $1,000 fine

Charge 2 - $500 fine with half of the penalty conditionally suspended for a period of 12 months providing no further breaches of the conduct related rules.

 

Michael Ferguson

Mr Ferguson was found guilty of a charge under Rule 203 which states:

203. A person shall not train a horse unless that person holds a training licence.

The particulars of the charge related to Mr Ferguson performing pre-training duties when not the holder of the required licence for a period leading up to 5 April 2020.

In assessing penalty Stewards considered:

  • Mr Ferguson’s not guilty plea;
  • His prior offence record;
  • His remorse;
  • General and specific deterrence;
  • The circumstances of the offending;
  • Personal subjective factors.

Stewards accordingly imposed a $1,000 fine with $500 of the penalty conditionally suspended for 12 months provided he does not reoffend during that time.

 

Michael Breen

Mr Breen pleaded guilty to a charge under AHRR 203 which states:

203. A person shall not train a horse unless that person holds a training licence.

The particulars of the charge related to Mr Breen performing pre-training duties when not the holder of the required licence.

In assessing penalty Stewards considered:

  • Mr Breen’s guilty plea;
  • Initial admissions made;
  • Clear prior offence record;
  • General and specific deterrence;
  • Circumstances of the offending;
  • Personal subjective factors.

Stewards accordingly imposed a 2-month suspension.