Tasmanian Racing Appeal Board reveals reasons for overturning harness trainer Ben Yole's ban

The TRAB found Tasracing failed to provide Ben Yole and others with an appropriate opportunity to contest the bans prior to them being issued. (Facebook: Yole Harness Racing Stables)

Tasmania’s leading harness trainer was not afforded “appropriate natural justice” when he was temporarily banned following the release of a damning report, an appeal board has found.

Independent integrity expert Ray Murrihy was tasked with probing the harness racing industry in response to allegations raised in an ABC investigation in March last year.

Mr Murrihy’s report, released earlier this month, found Ben Yole had breached several racing rules relating to team driving, race fixing and animal welfare, 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.

Three drivers named in Mr Murrihy’s report were also issued with the same notices, which took immediate effect, albeit with an invitation to “show cause” as to why they should be rescinded.

Last week, the four men successfully appealed against the notices after arguing they had not been given an opportunity to be heard prior to the bans taking effect.

The Tasmanian Racing Appeal Board (TRAB) has now released its preliminary reasons for overturning the bans and allowing the men to resume their careers.

The TRAB found Tasracing did not have the legal authority to enforce the rules of racing, which it said could only be done by the Director of Racing or stewards.

“It may be accepted that Tasracing is rightly concerned that the racing activities undertaken in this state are undertaken with integrity and to protect the reputation of the industry to the extent that it can,” the TRAB said.

“Tasracing, however, is not vested with the principal integrity functions related to the enforcement of the Rules or Racing, including by way of imposition of penalties and the licensing of participants.”

The TRAB also found Tasracing failed to provide the men with an appropriate opportunity to contest the bans prior to them being issued, rejecting Tasracing’s assertion the Murrihy findings constituted an “emergency situation”.

“Even accepting that there are occasions where it may be necessary to take urgent action to issue a notice before affording a person the opportunity to be heard … the TRAB is not satisfied that Tasracing’s approach was appropriate in the circumstances of these cases,” it said.

“Against that background, the TRAB has concluded that issuing a warning-off notice for a not insignificant period prior to affording an opportunity to be heard or ‘show cause’ why the notice should not be issued did not afford the appellants appropriate natural justice.”

The TRAB ended its four-page statement of reasons with a critical assessment of Tasracing’s actions.

“The power to issue a [warning-off] notice is one that should be (and is) exercised rarely,” it said.

“It is arguably inappropriate for another body, without those express functions and powers, to do so by way of a side-wind, particularly in circumstances that bypass the ordinary rights to be heard associated with conventional approaches to dealing with such concerns.”

In its statement, the TRAB also noted the impact of the bans on the four men, particularly Mr Yole.

“It is uncontroversial that the warning-off notices prevent each of the appellants from participating in the harness racing industry in any capacity which has had a significant financial impact on them all.

“As a licensed trainer, the impact on Benjamin Yole is particularly acute.

“There are time frames for nominating horses to start in races.

“Mr Yole is expected to have horses racing in Hobart this Saturday. It will take time to get the horses in his care fit to race as he has not been able to undertake any training activities.”

Tasracing said it had noted the TRAB’s decision to uphold the appeal.

“Tasracing is considering the decision fully before providing further comment,” a spokesman said.

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