Morris successfully appeals marring penalty at VCAT
VICTORIAN star Jesaulenko will be free to compete in Saturday's Group 2 Warragul Cup heats after owner-trainer Terri Morris successfully appealed a marring charge penalty with the Victorian Civil and Administrative Tribunal (VCAT).
Marring, commonly known as ‘fighting' is an offence whereby a greyhound makes head or muzzle contact with another greyhound throughout a race.
Jesaulenko received his second marring charge when running second in the 2016 Group 1 Melbourne Cup behind Ando's Mac, an offence for which he received a 90-day suspension at all tracks.
Morris decided to appeal the suspension, claiming Greyhound Racing Victoria (GRV) had failed to expunge her greyhound's previous marring charge, which occurred back in March 2016, despite her request.
Under GAR70, once a greyhound which has received a marring charge has competed in at least 10 races satisfactorily without re-offending, the trainer can apply to have the previous charge wiped from the dog's record.
This would mean if the greyhound did re-offend later on, it would only receive the penalty handed down for a first-time offence which is a 28-day suspension at the track where it marred.
However, in Jesaulenko's case, Morris says GRV did not remove the first charge when contacted, thus resulting in the hefty three-month suspension.
With Jesaulenko nearing three-and-a-half years of age, Morris said a three-month penalty could have had a detrimental effect on the remainder of his career.
“I had applied and asked for it to be removed but [GRV] had not done that so they were brought to task and thankfully the VCAT ruled that it should have been removed,” she said.
“He had close to 30 starts between offences – so that is a lot of racing considering the length of a dog's career.
“I wouldn't have retired him even if we weren't successful because he just loves racing, but it is a long time to have to spend on the sidelines.
“It's a good result for the dog – we went into the VCAT hearing fairly confident of a positive outcome so it was a relief.”
With the previous penalty expunged, Jesaulenko's penalty for marring in the Melbourne Cup was reduced to a 28-day suspension at Sandown Park only.
Jesaulenko will not have to perform a satisfactory trial prior to this weekend, having done so at Warragul when being granted a stay of proceedings by the VCAT in December.
Additionally, given that the son of College Causeway and Elite Fairy had served 20 days prior to his clearance trial, he will only have to serve just over a week more before being eligible to trial and be cleared for racing at Sandown Park again.
It was the first time a trainer has successfully appealed a marring charge through VCAT and, Morris says despite being a long, drawn out process, it was rewarding to have reached the desired outcome.
“I don't know if it's his name or what it is but he definitely has been very closely watched,” she said.
“I would encourage anyone who has any doubts – don't be scared – use the process available if you believe your dog has been hard done by.
“These options are there for a reason – so by all means go for it.”
Jesaulenko will contest the first of five Warragul Cup heats this Saturday night and comes up against last start Devonport Cup winner Pantera Nera.
He is currently a $13 chance with Bet365 to land the $47,000-to-the-winner final on January 28, with the current favourite being champion chaser Zambora Brockie at $3.
Group 2 Warragul Cup – series winner
Zambora Brockie $3
Aston Bolero $7.50
Aston Dee Bee $8.50
Ando's Mac $10
Pantera Nera $10
Jesaulenko $13 with Bet365
Zabdon Ferrari $13
Ultimate Magic $13
Shima Song $21
Your Shout Punk $21
Blazin' Bomber $21
Sleek Master $21
Shytown Hussler $26
Proven Kodiak $26
Shez Sublime $26
Paddy's Magic $34
Black Mumbo $34
Mystery Ride $41
Aqua Cheetah $41
Dundee Osprey $51
Nitro Swagger $67
Zipping Arnold $67
Super Sook $67
Nangar Range $81
Mumma Josie $81
Hyundai Hawk $151
Crackerjack Choc $151
Wynburn Alpha $151
Cry Later $201
Night King $201
He's Some Love $201
Dr. Sherlock $301
Dr. Yanma $301
Zall Good $501
Brooklyn Cruiser $1001
Precious Quality $1001
How was the dog hard done by ? Doesn’t matter what the rule is the fact is the dog has fought twice and failed to chase once. Very fast dog but hard done by ? Gimme a break.
GRV and communication a constant worry having had my own experiences and given feedback. I do not do anything without read receipts.
AsIseeit There is a rule in Victoria that states after 10 clear runs the offence is deleted, this only applies once and once only. It also was that you had to write to the CEO and request this. I did this once for failing to chase, which was an incorrect decision to start with as the dog had a major lower back issue and the offence was deleted. But now the computer is supposed to do it automatically because you do not have to request it in writing. GRV failed in there duty to uphold the rules and I guess… Read more »
izziblack05 AsIseeit I understand the rule but at the end of the day the dog’s not 100% genuine.
Congrats for your outcome !!
I must have watched another race
CONGRATULATIONS Terri Morris shame you had to go to such lengths to get the right decision. Stewards and RADB should learn from this and stop the bullying and read the rule book.
Awesome well done Terri Morris
Well done Terri. The right result
They still cannot admit when they make an error. Burning money at the industry expense.
And just maybe sometimes we think we know everything but when you are presented with ALL the facts you then may realise you are actually wrong.
VCAT to my knowlwdge have only on one ocassion awarded cost to other party. In that case they determined that the litigant was vexacious. Maybe this should apply here. Or perhaps as a gesture of goodwill GRV should reimburse Terri Morris.So much for the independence of the RADB.Hang your head in shame!!!!
Steve Burgis Return of the Rock ???
I wish bud !! Will be having a chat to the big guns ! Bloody driving and rain don’t mix !
I’m still grumpy with the dog – he should have won that race and it cost me plenty!! Great outcome for connections and be good to see him back on the track\U0001f44d
so as a newby asking the question. ..why was the so called marring overturned terri? to me on the day it looked like he turned and bumped Ando’s Mac …fight or mar ……not sure!
With a marring charge it is meant to drop off after 10 starts – the dog had had like 25 or more since first time was charged so the appeal was against a 90 suspension which was successful hence reduced to 28 or 30 meaning after a satisfactory he can race again (that’s my understanding)
thanks brother! clarity is king.