HRV RAD Board Panel - Brian Collis QC, Anthony Burns
On 11 November 2013, the Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board heard a matter in regards to charges issued by HRV Stewards under Australian Rule of Harness Racing (ARHR) 190(1) against licensed trainer Mr Brent Lilley and licensed driver Mr Kyle Marshall.
ARHR 190(1) reads as follows:
A horse shall be presented for a race free of prohibited substances.
The charge under ARHR 190(1) issued by HRV Stewards against Mr Lilley and Mr Marshall related to a pre-race blood sample taken from the horse ‘Hostile Grins NZ’ before it finished third in Race 5 the ‘Tabcorp Park Melton Pace’ at Melton on 27 September 2013. Mr Lilley was the registered trainer of the horse at this time and had authorised Mr Kyle Marshall to present the horse to race at Melton as Mr Lilley could not be in attendance himself.
ARHR 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.
Racing Analytical Services Limited (RASL) reported that analysis of the blood sample collected from ‘Hostile Grins NZ’ revealed the sample contained a prohibited substance, that being alkalinising agents as evidenced by a total carbon dioxide (TCO2) concentration in excess of 36.0 millimoles per litre in plasma.
Mr Lilley and Mr Marshall pleaded guilty to their respective charges and after considering submissions regarding penalty, the HRV RAD Board imposed a $7,000 fine upon Mr Lilley and a $1,500 (wholly suspended) fine upon Mr Marshall. Mr Marshall’s fine was ordered only to be payable should he be found guilty of a similar offence with the next 12 months. Mr Lilley was granted a stay of 7 days with regard to payment of the fine imposed upon him.
Under ARHR 195, the HRV RAD Board ordered that ‘Hostile Grins NZ’ be disqualified from Race 5 conducted at Melton on 27 September 2013 and that the finishing places be amended accordingly.
