Tribunal rules error of law in racing board decision
A TRIBUNAL has ordered there was an error of law in the sentencing of an Ipswich greyhound trainer who used prohibited substance cobalt when racing his dog.
Queensland Civil and Administrative Tribunal set aside the decision of the Queensland Racing Disciplinary Board made in June and ordered Desmond Gilroy be disqualified from racing for 15 months.
Gilroy's greyhound Mugged on Tour was urine tested after it raced at an Ipswich race meeting in December 2015 and found to contain cobalt, a substance which is capable of affecting a greyhound by its action on the cardiovascular system and so is a prohibited substance.
In March a steward's enquiry concluded Gilroy had contravened the Greyhound Australasia Rules and imposed an 18 month suspension.
In June Gilroy appealed to the Queensland Racing Disciplinary Board which dismissed the appeal as to the finding of a conviction but varied the period of suspension from 18 months to four months.
Upon appeal by the Queensland Racing Integrity Commission, QCAT found there was an error of law in the June decision and disqualified Gilroy for 15 months.
The period of disqualification is suspended after seven months.
Court documents revealed QCAT considered the penalty imposed by the board was manifestly inadequate "so as to amount to an error of law, and that decision should be set aside".
The same documents showed Gilroy had a previous offence for prohibited substance in 2013 when he was fined $1000.
Under the Racing Act, certain substances are prohibited to maintain confidence in lawful animal racing, ensure integrity of those involved in racing and to safeguard the welfare of animals involved in racing.