Offences Charged:

(1) Mr. Robert Smith, a registered trainer did, on 23 December 2014 at Tooradin at the Tooradin Trial Track located at 175 Harewood-Mains Road, Tooradin, Victoria a thing which, in the opinion of the Stewards, was improper, or which constituted misconduct, namely, being a registered trainer he was present and observed an act of live baiting being perpetrated at the Tooradin Trial Track with respect to a black greyhound handled by Mr. Kenneth Hodges, a licensed trainer, which was perpetrated upon a live rabbit which, whilst observed by Mr. Robert Smith, was tied to the lure by Mr. Lawrence Cunningham, the Assistant Manager of the Tooradin Trial Track.

(2) Mr. Robert Smith did, on 23 December 2014, at Tooradin use or caused to be used a live animal (namely, a live rabbit which was tied to the lure arm) as a lure for a blue greyhound on a greyhound trial track, namely, the Tooradin Trial Track located at 175 Harewood-Mains Road, Tooradin.

(3) Mr. Robert Smith did, on 23 December 2014, at Tooradin at the Tooradin Trial Track located at 175 Harewood-Mains Road, Tooradin used an animal (namely, a live rabbit tied to a lure) for a purpose connected with greyhound racing in a manner which was improper, namely, as a lure for the trialing of a blue greyhound on a greyhound trial track, namely the Tooradin Trial Track.

(4) Mr. Robert Smith did, on 23 December 2014, at Tooradin use or caused to be used a live animal (namely, a live rabbit which was tied to the lure arm) as a lure for a fawn greyhound on a greyhound trial track, namely, the Tooradin Trial Track located at 175 Harewood-Mains Road, Tooradin.

(5) Mr. Robert Smith did, on 23 December 2014, at Tooradin at the Tooradin Trial Track located at 175 Harewood-Mains Road, Tooradin use an animal (namely, a live rabbit tied to a lure) for a purpose connected with greyhound racing in a manner which was improper, namely, as a lure for the trialing of a fawn greyhound on a greyhound trial track, namely the Tooradin Trial Track.

(6) Mr. Robert Smith did, on 23 December 2014, at Tooradin use or cause to be used a live animal (namely, a live rabbit which was tied to the lure arm by Mr. Lawrence Cunningham) as a lure for a black greyhound on a greyhound trial track, namely, the Tooradin Trial Track located at 175 Harewood-Mains Road, Tooradin.

(7) Mr. Robert Smith did, on 23 December 2014, at Tooradin at the Tooradin Trial Track located at 175 Harewood-Mains Road, Tooradin use an animal (namely, a live rabbit lied to a lure by Mr. Lawrence Cunningham) for a purpose connected with greyhound racing in a manner which was improper, namely, as a lure for the trialing of a black greyhound on a greyhound trial track, namely the Tooradin Trial Track.

REPORT:

Under Rule 47.1 of the Greyhound Racing Victoria Local Rules a breach of LRR18.5, GAR86 (o) and GAR86 (af) each constitutes a Serious Offence. As a result, on Friday, 30 October 2015 this matter was heard before the Racing Appeals and Disciplinary Board in the first instance under Greyhound Local Racing Rule 47.3 and Sections 83C(b) and 83M(1) of the Racing Act.

Mr. Robert Smith’s Solicitors advised the RADB that he would not be attending the hearing nor be represented.

Mr. Paul Holdenson QC, instructed by Corrs Chambers Westgarth Solicitors represented the Stewards Panel.

Mr. Ron Matthews (GRV Steward) and Professor Ronald Slocombe appeared as witnesses.

After hearing all the evidence tendered including viewing video footage and hearing closing submissions from Mr. Holdenson the RADB reserved its decision in these matters.

J. Wardle (Chairman)

T. O’Connor (Deputy Chairman)