Rockhampton trackwork rider Chris Wearne appeals 18-month ban for striking horse with lead rope and wooden twitch
Wearne's lawyer Gabe Hutchinson has lodged the appeal with the Queensland Civil and Administrative Tribunal, arguing that the Queensland Racing Appeals Panel (QRAP) 'erred in law by imposing a penalty that was manifestly excessive'.
Wearne was initially banned for 16 months for an incident captured on CCTV in September 2021 but after he appealed to QRAP, the penalty was increased to a disqualification of 18 months.
Hutchinson has lodged an appeal to QCAT, arguing that QRAP's decision should be set aside and the penalty reduced to six months, taking into account the time Wearne has already served since starting his suspension on March 31.
Wearne had pleaded guilty to a charge under section AR 231 of the Australian Rules of Racing which prohibits a person from committing an act of cruelty to a horse.
Queensland Racing Integrity Commission stewards alleged that while trying to groom Menari Magic at trainer Paul Butterworth's Hendra stables in Brisbane, the then two-year-old filly bit Wearne on the arm before rearing, striking the trackwork jockey on the forearm.
Wearne is accused of then striking Menari Magic with a lead rope five times and twice with a wooden twitch in the head region.
In one video taken by stablehand Candice Piggott and later sent to QRIC, Wearne yelled at the horse 'guess what, round two c**t' and 'get up you f***ing rat'.
In the latest appeal, Hutchinson argues that QRAP 'breached the rules of natural justice' by relying on the evidence of Piggott, who did not give direct evidence to either the stewards' inquiry or the appeals panel.
He also said that QRAP had 'erred in law' by denying Wearne a discount on the penalty after he 'admitted every particular of the charge against him and accepted that he was guilty of an alternative charge, improper conduct under (section) AR 228'.
Hutchinson argued that QRAP 'unreasonably and irrationally' found that Wearne did not spend a considerable amount of time, such as 45 minutes, attempting to control Menari Magic.
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