On 6 December 2022, the Victorian Civil and Administrative Tribunal (VCAT) heard an application for review filed by Harness Racing Victoria (HRV) regarding the penalty decision of the Victorian Racing Tribunal (VRT) dated 18 February 2022, concerning licensed trainer-driver David Moran. This VCAT review was in relation to the penalties imposed by the VRT on Charges 1 and 4 only.
Background
At the VRT hearing on 7 February 2022, Mr Moran pleaded guilty to Charge 1 issued under Australian Harness Racing Rule (AHRR) 231(1)(f) for approaching licensed trainer-driver Laura Crossland on 14 November 2019, who was seated in a sulky driving a horse, whilst leading two other horses. Mr Moran took hold of the sulky and raised it, causing Ms Crossland to fall from the sulky onto the ground and lose control of the horses. The VRT imposed a 6-month suspension, 2 months of which were suspended for a period of 24 months.
Mr Moran also pleaded guilty to Charge 4 issued under AHRR 173(1) for placing a win bet on ‘Ellmers Hoofing It NZ’ prior to race 7 at the Echuca harness racing meeting on 12 December 2019, when Mr Moran participated in the race as the driver of another horse, ‘Scotlynn Beach NZ.’ The VRT imposed a 6-month suspension, 3 months of which were suspended for a period of 24 months.
The full VRT decision can be found here.
VCAT
In the VCAT decision on 6 December 2022, Senior Member Wentworth varied the penalties issued by the VRT and ordered that the following penalties be imposed in substitution:
Charge 1 – 12-month suspension, 8 months of which are suspended for a period of 24 months, pending no further breach of the relevant rule.
Charge 4 – 9-month suspension, 6 months of which are suspended for a period of 24 months, pending no further breach of the relevant rule.
The total immediate period of suspension of 7 months were ordered to commence 18 February 2022 and have already been served by Mr Moran. The VCAT Orders can be viewed here.