On 25 July 2022, the part-heard review proceedings brought by Ellen Tormey and Glenn Douglas against the decision of the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board made on 11 December 2019 resumed before the Victorian Civil and Administrative Tribunal (VCAT). The proceedings were previously before VCAT between 31 January 2022 and 4 February 2022 before they were adjourned.
At the request of both parties, VCAT set aside the decision of the HRV RAD Board made on 11 December 2019 and dismissed both the charge laid against Ms Tormey under Australian Harness Racing Rule (AHRR) 193(7) and the charge laid against Mr Douglas under AHRR 193(1) relating to the horse ‘The Boss Man’. It was agreed between the parties that there be no order as to costs.
Also on 25 July 2022, in relation to a separate charge, VCAT heard submissions from the parties relating to the penalty imposed on Ms Tormey by the HRV RAD Board on 19 December 2019 for a breach under AHRR 190(1) for presenting the horse ‘Freemarksgonzo’ to race at Mildura on 13 April 2019 not free of prohibited substances, namely alkalinising agents evidenced by a total carbon dioxide level above the allowable threshold.
On 9 August 2022, VCAT ordered that the decision of the RAD Board of 19 December 2019, in which it imposed a 12-month disqualification on Ms Tormey for breaching AHRR 190(1), be set aside. In its place, VCAT imposed a 12-month suspension of Ms Tormey’s trainer’s licence, with 8 months of that period being suspended for a period of 12 months on condition that she does not commit any further ‘serious offence’ (as defined by the HRV Local Rules) during the period of the suspension.
The written decision of VCAT can be viewed here.