Harness Stewards Inquiry Owner Ms A. Vanmaris
Following the imposition of a disqualification under RWWA Rule of Harness Racing 267 as advised in the previous media release of 21 February 2019, an appeal was lodged against this decision with the Racing Penalties Appeal Tribunal by Ms A. Vanmaris on 5 March, 2019.
Ms Vanmaris was granted a conditional stay of proceedings on 11 March, 2019.
At the time of imposing the disqualification a number of concessions were made by Stewards so as not to interfere with Ms Vanmaris’ ability to continue her employment whilst disqualified. The restrictions of disqualification were to be confined to matters directly in relation to racing. These were further expanded upon when responding to her application for a Stay of Proceedings.
A matter which did not come to the attention of the inquiry was raised within the grounds of appeal in relation to the Spent Convictions Act 1988 and the implications of a spent conviction as it relates to the application of Rule 267.
After taking advice as to the wider implications of the relevant Act, it was apparent that Rule 267, whilst directed by its construction to the fact of a person being found guilty of a crime or offence, may not be able to be used in certain circumstances such as those in this case.
Accordingly the Stewards immediately determined that is was appropriate to concede the appeal.
The Stewards do not propose to take any further action in relation to this matter in view of the above.
The Racing Penalties Appeal Tribunal on 21 March 2019 confirmed that, by consent, leave to discontinue the appeal was granted, with the appeal fee paid on lodgement refunded.
The disqualification will be expunged from all records with transcript costs refunded in full.
Stewards regret and apologise for any inconvenience or hardship the decision of the Stewards has caused the appellant.
The outcome of this matter has no implications to the general rules of racing or powers of the Stewards with respect to conduct related matters or other matters which may fall to be determined in the future.