Supreme Court Dismisses Carly Absalom Appeal

Industry participant Carly Absalom has today been unsuccessful in an application commenced against GRNSW and the Racing Appeals Tribunal, with her claim being dismissed in the Supreme Court of NSW and Ms Absalom being ordered to pay GRNSW’s costs of defending the claim.

On 26 June 2017, a GRNSW Steward suspended Ms Absalom’s licence to train greyhounds for 16 weeks, in respect of five breaches of R86(ag), for failing to comply with GRNSW’s Race Day Hydration and Hot Weather Policy; Policy).

On 17 August 2017, the Tribunal dismissed an appeal by Ms Absalom against the Steward’s decision.

On 5 October 2017, Ms Absalom filed proceedings in the Supreme Court, seeking judicial review of the Tribunal’s decision.  In short, Ms Absalom contended that:

1. The Policy is ultra vires and invalid;
2. The Tribunal erred in finding that the Policy can and did override R106; and
3. The Tribunal failed to have regard to evidence concerning the impact on the relevant greyhound of placing a water bowl in its race day kennel.

GRNSW rejected each of the above grounds as without basis.

In a judgment handed down today, Justice Rothman dismissed Ms Absalom’s application and awarded costs to GRNSW.  In arriving at this decision, Justice Rothman observed:

• The Policy is not ultra vires or invalid.
• The Policy is intended to give effect to the requirement that greyhounds not be subjected to unnecessary pain or suffering and are, at all times, while in the care of a registered person, provided with proper and sufficient drink.  As such, there is no inconsistency between the Policy and Rule 106.
• If a particular greyhound is at risk of ‘unnecessary pain and suffering’ as a result of having a bowl placed in its kennel on race day, then the greyhound is obviously not one that would be appropriate to be raced.  In those circumstances, it would be inconsistent with the provisions of Rule 106(2) for a licensed person to enter such a greyhound into a race.

GRNSW’s CEO, Tony Mestrov, welcomed the judgment of the Supreme Court.

“Welfare of greyhounds is paramount to all of the policies and decisions that GRNSW makes. The Supreme Court’s judgment makes it very clear that if a participant does not comply with a GRNSW policy then that participant can be prosecuted for a breach of Rule 86(ag).  GRNSW expects all participants to strictly comply with the policies adopted by GRNSW.” Mr Mestrov said.

GRNSW will not be making any further public comments on this matter at this time.