Tasracing wins the right to ban Ben Yole and other key racing identities from its racetracks

Tasracing has won a courtroom battle to block harness racing identities Ben Yole, Tim Yole, Nathan Ford, and Mitchell Ford from entering racetracks under its control.

Key Tasmanian racing identity Ben Yole.

Tasracing has won a courtroom battle to block harness racing identities Ben Yole, Tim Yole, Nathan Ford, and Mitchell Ford from entering racetracks under its control.

The move to ban the foursome came early this year, with Tasracing issuing “warning-off” notices on February 2 to those adversely named in the Murrihy Report into the harness racing industry.

The Murrihy Report found that Ben Yole had failed to care for an identified horse, and along with Tim Yole, mistreated other horses.

Regarding allegations of team driving and race fixing, Ben Yole, Nathan Ford and Mitchell Ford were found to have acted together to “improperly advantage horses and disadvantage others in harness races”.

Lake Eyre (Mark Yole) brings up trainer Ben Yole's 100th winner for the season in Hobart. Picture: TASRACING

While the Tasmanian Racing Appeal Board overturned the ban on February 19, Tasracing wrote to the men again the following day, giving notice of its intention to issue new notices.

Tasracing said it planned to direct the men not to enter any of the seven Tasmanian racecourses controlled by Tasracing from March 1, for a period of 28 days – unless they could “show cause” why this shouldn’t occur.

But on March 1, the four industry identities won an injunction against Tasracing’s planned bans in the Supreme Court of Tasmania.

They argued “issues of integrity” were matters that fell within the jurisdiction of the Director of Racing, or the stewards – but not Tasracing.

The injunction meant Tasracing was unable to stop the men from entering its racetracks – and they were able to continue attending racing meets across the state as usual.

On Friday, that reprieve came to an end.

Tasracing CEO Andrew Jenkins. Picture: Nikki Davis-Jones

In an application thrashed out in court late last month, the four racing identities – represented by Melbourne-based barrister Damian Sheales – argued Tasracing was operating outside its jurisdiction in issuing warning-off notices against them.

But Justice Robert Pearce did not agree.

“I find that the grounds of the application are not made out,” he said.

“The interlocutory injunction order from 1st March is set aside and the originating application is dismissed.”

Justice Pearce also ordered that the four applicants pay Tasracing’s legal costs.

In his published judgment, Justice Pearce said Tasracing’s power to deal with matters of integrity was not limited by whether the stewards or director also had the power to take action.

“ … I would add that there could hardly be a factor more important to the development, promotion and viability of racing as a commercial undertaking than public confidence that it is conducted with honesty and propriety and with utmost regard to the welfare of the animals which participate in racing,” he said.

The judge disagreed that Tasracing had acted beyond its power, or abused process in issuing the notices – or that the four men had not been afforded procedural fairness.

Tasracing said in a statement it welcomed the Supreme Court’s decision.

CEO Andrew Jenkins said Tasracing would “immediately consider next steps” and what options were available “for the good of the harness racing industry in the state”.

Mr Yole has been considered the industry’s top trainer.

All four of the men have previously denied the allegations made against them, and no criminal charges have been laid.

The Mercury attempted to contact Ben Yole for comment.

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Originally published as Tasracing wins the right to ban Ben Yole and other key racing identities from its racetracks