On 25 September 2023, the Victorian Racing Tribunal (VRT) considered charges issued by Harness Racing Victoria (HRV) Stewards against licensed trainers Ben Yole and Robert Walters under Australian Harness Racing Rule (AHRR) 190(1).
AHRR 190(1) reads as follows:
A horse shall be presented for a race free of prohibited substances.
Charge 1 – AHRR 190(1)
The charge related to a urine sample collected from the horse ‘Ideal Investment’ after it won Race 2, the ‘C&M Build Group Pace’, at the Kilmore harness racing meeting on 16 August 2022. Racing Analytical Services Limited (RASL) reported the sample contained arsenic in excess of the allowable threshold.
Charge 2 – AHRR 190(1)
The charge related to a urine sample collected from the horse ‘Baccarat’ after it won Race 2, the ‘Catanach’s Jewellers Pace’, at the Melton harness racing meeting on 23 August 2022. RASL reported the sample contained arsenic in excess of the allowable threshold.
Charge 3 – AHRR 190(1)
The charge related to a urine sample collected from the horse ‘Baccarat’ after it won Race 9, the ‘Bendigo Bank Lancefield Pacing Cup Final’, at the Kilmore harness racing meeting on 12 February 2023. RASL reported the sample contained arsenic in excess of the allowable threshold.
‘Ideal Investment’ and ‘Baccarat’ were presented to race at Kilmore on 16 August 2022, Melton on 23 August 2022 and Kilmore on 12 February 2023 by Mr Walters on behalf of Mr Yole, who was not in attendance.
AHRR 190(3) reads as follows:
If a person is left in charge of a horse and the horse is presented for a race otherwise than in accordance with sub rule (1), the trainer of the horse and the person left in charge is each guilty of an offence.
The VRT also considered a further separate charge issued by HRV Stewards against Mr Walters under AHRR 190(1).
Charge 4 – AHRR 190(1)
The charge related to a urine sample collected from the horse ‘Paddy Mach’ after it won Race 3, the ‘Total Span Pace’, at the Warragul harness racing meeting on 9 April 2023. RASL reported the sample contained arsenic in excess of the allowable threshold.
Mr Yole and Mr Walters pleaded guilty to all the charges before submissions on penalty were heard from the HRV Stewards, Mr Yole and Mr Walters.
Penalties
The following penalties were imposed:
Ben Yole
Charge 1: $3000 fine; with $1000 suspended for a period of 24 months.
Charge 2: $3000 fine; with $1000 suspended for a period of 24 months (Concurrent with the penalty imposed on Charge 1).
Charge 3: $3000 fine; with $1000 suspended for a period of 24 months.
Robert Walters
Charge 1: $5000 fine.
Charge 2: $5000 fine (Concurrent with the penalty imposed on Charge 1).
Charge 3: $5000 fine.
Charge 4: $5000 fine.
The VRT also ordered that, under AHRR 195, ‘Ideal Investment’ be disqualified from Race 2 at Kilmore on 16 August 2022; ‘Baccarat’ be disqualified from Race 2 at Melton on 23 August 2022; ‘Baccarat’ be disqualified from Race 9 at Kilmore on 12 February 2023; and ‘Paddy Mach’ be disqualified from Race 3 at Warragul on 9 April 2023, and that the placings be amended accordingly.
Further to that, the VRT ordered that under AHRR 200(1) any prizemoney won by ‘Ideal Investment’, ‘Baccarat’ and ‘Paddy Mach’ from the respective races be refunded to HRV.
VRT Panel: Justice Shane Marshall (Deputy Chairperson) and Mr Des Gleeson.
The written decisions of the VRT can be found here.
(Please note that VRT Decisions will generally be published within 7-10 days of the date of hearing)