Four Tasmanian harness racing participants who are facing allegations of race fixing, race driving and animal welfare concerns have again had their racetrack bans successfully overturned on appeal, clearing them to participate in upcoming races.
Following an ABC investigation in March last year, independent integrity expert Ray Murrihy was tasked with probing the state’s harness racing industry.
Mr Murrihy’s report, released in January, adversely named Ben Yole in relation to team driving, race fixing and animal welfare claims, all of which the trainer has previously denied.
The industry’s governing body, Tasracing, subsequently issued Mr Yole with a 28-day “warning off” notice, saying that because of the findings, his attendance at its racecourses had “a real and substantial likelihood of damaging the integrity and reputation” of the industry.
Under the Australian harness rules of racing, any industry participant who has been “warned off” is unable to participate in the industry at all.
Three drivers named in Mr Murrihy’s report were also issued with the same notices but were invited to “show cause” as to why they should be rescinded.
But that first ban was overturned by the Tasmanian Racing Appeal Board (TRAB) after it found Tasracing did not have the legal authority to enforce the rules of racing via a “warning off” notice, and did not afford all four men natural justice.
In April, Mr Yole and three of his associates were again issued “show cause” notices following the Supreme Court’s ruling that Tasracing does have the power to sanction the participants.
Ben Yole, Tim Yole, Nathan Ford and Mitch Ford had been issued a new 45-day ban from attending race tracks by TasRacing which lapsed on Monday, but it is understood TasRacing had been poised to extend that ban until the end of June.
However, in a decision published by the TRAB on Thursday, it found the bans were found to be unwarranted.
It is the second time the Tasmanian Harness Racing Appeals Board has overturned a ban on trainer Ben Yole from attending race tracks.
It found any action issued to the participants should “warrant a more cautious approach than that undertaken by Tasracing in issuing warning off notices”.
“The TRAB is not satisfied that those determinations, with their limitations, constitute sufficient grounds to exercise such a power.”
In its findings, TRAB noted that it’s “beyond doubt … the considerable impact” the warning off notices have had on Ben Yole and Nathan Ford, in particular.
“TRAB has been advised that Benjamin Yole has already closed his stable in Victoria because of the original warning off notice,” it said.
It also cited significant financial loss for Mr Yole, who it was said was losing approximately $20,000 per week as a result of the ban.
TRAB noted that Mr Ford relies on his income from the harness racing industry and has not been the subject of any similar allegations in the past.
“It is not clear that the warning off notice is either necessary or desirable in circumstances where there are currently no charges pending.”
An independent stewards panel is currently investigating the findings of Mr Murrihy’s review, with that report expected to be published by the end of the month.
A spokesperson for Tasracing said the body noted the TRAB’s decision to uphold the appeal and will be reviewing the decision before providing further comment.
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