On 14 November 2024, the Victorian Racing Tribunal (VRT) considered charges issued by Harness Racing Victoria (HRV) Stewards against Peter O’Brien under Australian Harness Racing Rules (AHRR) 231(1)(d), 247, 187(3) and 187(1).
HRV Stewards had issued seven (7) charges to Mr O’Brien. At the commencement of the hearing, HRV Stewards withdrew two (2) charges – charges 5 and 6 – both issued under AHRR 187(1).
Charges 1 and 3 were issued under AHRR 231(1)(d), which states:
A person shall not: -
(d) abuse
anyone employed, engaged or participating in the harness racing industry or otherwise having a connection with it.
Charge 1 – It was alleged that on 28 May 2021, Mr O’Brien abused a HRV Steward at the Mildura harness racing meeting.
Charge 3 – It was alleged that on 28 May 2021, Mr O’Brien abused a HRV Steward at the Mildura harness racing meeting.
Charge 2 was issued under AHRR 247, which states:
A person attending before the Controlling Body its members or employees, the Stewards, officials, or at any proceeding under these Rules, shall not speak or behave in a malicious, intimidatory or otherwise improper manner.
Charge 2 – It was alleged that on 28 May 2021, Mr O’Brien behaved in an intimidatory and/or improper manner and spoke in an improper manner when attending before the HRV Stewards during a Stewards’ inquiry at the Mildura harness racing meeting.
Charge 4 was issued under AHRR 187(3), which states:
A person shall comply with an order or direction given by the Stewards.
Charge 4 – It was alleged that on 28 May 2021, Mr O’Brien failed to comply with a direction issued by a HRV Steward at the Mildura harness racing meeting.
Charge 7 was issued under AHRR 187(1), which states:
A person who is directed to do so by the Stewards shall attend an inquiry or investigation convened or conducted by them.
Charge 7 – It was alleged that on 22 October 2021, Mr O’Brien failed to attend an inquiry after being directed to do so by the HRV Stewards.
Mr O’Brien pleaded guilty to the five charges, before submissions on penalty were heard from Mr David Briggs on behalf of Mr O’Brien and from Andrew Cusumano on behalf of the HRV Stewards.
Penalty
Charge 1 – $500 fine, with $250 of that fine suspended for 18 months.
Charge 2 – 12-month disqualification, with 6 months of that period suspended for 18 months.
Charge 3 – $500 fine, with $250 of that fine suspended for 18 months (cumulative with Charge 1).
Charge 4 – 12-month disqualification, with 6 months of that disqualification suspended for 18 months.
Charge 7 – 12-month disqualification, with 6 months of that disqualification suspended for 18 months.
The VRT ordered that the disqualifications on charges 2, 4 and 7 be served concurrently.
The VRT further ordered that each period of disqualification commence on 17 January 2024.
VRT Panel: Judge Marilyn Harbison (Chairperson) and Amanda Dickens.
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)