On 12 February 2021, the Victorian Racing Tribunal (VRT) considered charges issued by Harness Racing Victoria (HRV) Stewards against unlicensed participants Nathan Jack and Mark Pitt, as well as against Grade A Trainer / Driver Russell Jack and licensed stablehand Tammy Gibbons.
The charges related to conduct at the registered training establishment of Russell Jack on 6 May 2020.
Nathan Jack
At the hearing, the HRV Stewards applied to withdraw Charges 1 and 2 laid against Nathan Jack under Australian Harness Racing Rules (AHRR) 187(3) and 187(2), which was granted by the VRT.
Charge 3 was issued against Mr Jack under AHRR 91(1)(a), which reads as follows:
A person shall not carry on an activity regulated by licence –
- If that person is not the holder of a current licence.
The particulars of Charge 3 allege that on 6 May 2020, Mr Jack carried on activities regulated by licence, namely by assisting with the training, management, care and control of horses and carrying out track work while not being the holder of a current licence.
Mr Jack pleaded guilty to Charge 3 before submissions on penalty were heard by the HRV Stewards and on behalf of Mr Jack.
The VRT imposed the following penalty:
Charge 1 – AHRR 187(3) - Withdrawn by HRV Stewards
Charge 2 – AHRR 187(2) – Withdrawn by HRV Stewards
Charge 3 – AHRR 91(1)(a) - $5000 fine, $2500 of which is suspended for 12 months for any future breach of AHRR 91(1)(a) in that period.
Note: The VRT ordered HRV to pay a portion of costs to Counsel engaged in this matter as a result of amendments made to Charge 3 during the proceeding.
Mark Pitt
At the hearing, the HRV Stewards applied to withdraw Charge 1 laid against Mr Pitt under AHRR 187(3), which was granted by the Tribunal.
Mr Pitt was charged under AHRR 187(2) and AHRR 91(1)(a).
Charge 2 was issued under AHRR 187(2), which reads as follows:
A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence or information at an inquiry or investigation.
The particulars of Charge 2 allege that Mr Pitt gave false evidence to the Stewards on 6 May 2020.
Charge 3 was issued under AHRR 91(1)(a), which reads as follows:
A person shall not carry on an activity regulated by licence –
- If that person is not the holder of a current licence.
The particulars of Charge 3 allege that on 6 May 2020, Mr Pitt carried on activities regulated by licence, namely assisting with the training, management, care and control of horses, while not the holder of a current licence.
Mr Pitt pleaded guilty to both charges before submissions on penalty were heard by the HRV Stewards and Mr Pitt.
The VRT imposed the following penalties:
Charge 1 – AHRR 187(3) - Withdrawn by HRV Stewards
Charge 2 – AHRR 187(2) – $1000 fine
Charge 3 – AHRR 91(1)(a) - $2000 fine
Russell Jack
Russell Jack was charged under AHRR 187(2), AHRR 90A(2.9)(a) and AHRR 119C.
Charge 1 was issued AHRR 187(2), which reads as follows:
A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence or information at an inquiry or investigation.
The particulars of Charge 1 allege that Mr Jack gave false evidence to the Stewards on 6 May 2020.
Charge 2 was issued under AHRR 90A(2.9)(a), which reads as follows:
The holder of a trainer’s licence shall ensure that all persons carrying out the activities of a stable hand are licensed as stable hands.
The particulars of Charge 2 allege that on 6 May 2020, Mr Jack failed to ensure that all persons carrying out the activities of a stable hand were licensed as stable hands, in that Mr Nathan Jack and Mr Mark Pitt assisted with the training, management, care and control of horses, and Mr Nathan Jack carried out track work.
Charge 3 was issued under AHRR 119C, which reads as follows:
A trainer shall not without the prior approval of the Stewards stable any horse trained by him in any location other than any registered training establishment of the trainer.
The particulars of Charge 3 allege that on 6 May 2020, Mr Jack stabled the horses ‘Jaxnme’, ‘Command Me’, ‘RNR Windermere NZ’ and ‘Scotlynn Beach NZ’ at a training establishment that was not registered with any harness racing authority.
Mr Jack pleaded guilty to all three charges before submissions on penalty were heard by the HRV Stewards and on behalf of Mr Jack.
The VRT imposed the following penalties:
Charge 1 – AHRR 187(2) - $1000 fine
Charge 2 – AHRR 90A(2.9)(a) - $500 fine
Charge 3 – AHRR 119C - $300 fine
Tammy Gibbons
Tammy Gibbons was charged under AHRR 187(2).
AHRR 187(2) reads as follows:
A person shall not refuse to answer questions or to produce a horse, document, substance or piece of equipment, or give false or misleading evidence or information at an inquiry or investigation.
The particulars of the charge allege that Ms Gibbons gave false evidence to the HRV Stewards on 6 May 2020.
Ms Gibbons pleaded guilty to the charge before submissions on penalty were heard by the HRV Stewards and on behalf of Ms Gibbons.
The VRT imposed the following penalty:
Charge 1 – AHRR 187(2) - $1000 fine
VRT Panel: Magistrate John Doherty and Judge Marilyn Harbison
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)