Currie forced to wait
Trainer’s hearing adjourned at request of QRIC
THE Queensland Civil and Administrative Tribunal last night denied an interim stay of proceedings application on behalf of Toowoomba trainer Ben Currie and adjourned the hearing to tomorrow.
Wayne Kelly, acting for the Queensland Racing Integrity Commission, had requested an adjournment to tomorrow so that further legal representation could be present on behalf of the commission, and acting senior member Joanne Browne granted that application.
Legal representatives for Ben Currie, Jim Murdoch QC and Michael O’Connor, had argued for an interim stay to be granted under that scenario, so that Currie could accept for runners from his stable at Gatton on Saturday and Toowoomba on Sunday.
The QRIC’s order that his nominations and acceptances be refused had already meant Currie runners were scratched from Ipswich yesterday, and unable to accept for Saturday’s feature Sunshine Coast meeting.
“I am satisfied the public interests outweigh the private interests of Mr Currie,” Browne said.
Currie did not attend yesterday’s proceedings but has been ordered to appear tomorrow, from 10am, so he can be cross-examined.
He is facing 31 charges emanating from a stewards inquiry on Monday alleging raceday treatments, the use of shockwave therapy within seven days of a race, improper practice and providing false evidence. He has pleaded not guilty to all 31 charges.
Earlier, Murdoch vented his frustration that the QRIC refused to grant a stay on Tuesday night so that acceptances could be taken from Currie, pending the outcome of yesterday’s hearing.
“The final decision on penalty is not yet imposed,” he said. “It appears the regulatory body (the QRIC) is already anticipating a (guilty finding) and penalty. This is all highly preemptive on the part of the respondent.
“He had four horses nominated for the Sunshine Coast on Saturday and that’s an opportunity lost forever, to the great detriment of those owners.”
Kelly countered that Currie had enough time to have horses switch stables so as to not impose a penalty on his owners.
“Mr Currie was advised he could transfer his horses into another trainer’s name so there would be no detriment to his owners,” Kelly said. “He chose not to. ‘‘Liam Birchley was in the same boat (before he was granted a stay of proceedings at VCAT after being handed a one-year disqualification). He transferred his horses until the stay was granted. Currie can transfer those horses.”
When the hearing convenes tomorrow, Currie’s team is expected to submit that stewards have failed to provide any adequate reasons to support his suspension, and that there is no credible evidence upon which the stewards could rely to find him guilty.