GBE hearings: Police officer allegedly removed from crash investigation after raising fatigue concerns

The police officer looking into a late-night crash, which injured harness racing workers and killed four horses, was removed from the investigation after raising concerns about the industry’s fatigue problem, a committee has heard.

Horses in a harness race. Pic: Tasracing

The police officer looking into a late-night crash, which injured four harness racing workers and killed four horses, was removed from the investigation two days after raising concerns about the industry’s fatigue problem, a parliamentary committee has heard.

Documents released under Right to Information laws proffered in a Government Business Enterprise committee hearings reveal Tasracing CEO Andrew Jenkins went above the investigator’s head to a senior officer before telling senior Tasracing staff the matter was “all sorted”.

A vehicle towing horses owned by the Ben Yole stable crashed at Rowella at in northern Tasmania at 1.45am on January 30 this year.

The 20-year-old driver had been working since 6am to load up the horses at Sidmouth in the state’s northwest before driving to Hobart, participating in a day of racing, before reloading the horses and setting off back for Sidmouth.

It would have been a 20-hour work day and police quickly identified fatigue as one of the contributing factors in the crash – along with what they allege were faulty brakes on an unregistered trailer.

The crash scene at Rowella.

The Tasmanian racing industry has been hit by a series of scandals in the last 12 months, including claims of cruelty to animals, race fixing, sexual assault and harassment, tax evasion, wage theft, persecution of whistleblowers, and flagrant breaches of the rules of racing.

The committee hearings into Tasracing in Hobart on Wednesday heard the officer investigating the Rowella crash wrote to Tasracing CEO Andrew Jenkins on February 14.

“As police, we generally deal with offences by prosecution, and on a normal day would summons the driver, who in this case is only 20 years old,” he wrote.

“It seems a better outcome to try to get an acknowledgment from the industry that the current practices are not safe for attendees and other road users and crashes will occur in the future unless changes are made within the industry itself.”

Mr Jenkins offered “a full response as a priority” but the next day rang a more senior officer who told him the email was not an official police position and was “unauthorised”.

Andrew Jenkins Tasracing CEO. GBE hearing with Tasracing. Picture: Nikki Davis-Jones

“Upon receiving the email from the constable I made contact with a senior member of Tasmania Police to determine whether the email was an official position or request,” he said.

“It was made very clear that it was not, and no further action would be taken.”

Mr Jenkins said he could not recall which senior officer he spoke to.

A police inspector emailed Mr Jenkins on February 16 informing him the officer “would not be further involved” in the investigation.

The CEO then sent an email to other senior Tasracing staff telling them not to worry about responding about the fatigue issue: “All sorted. No action required,” he wrote.

The young driver was subsequently charged with two counts of causing grievous bodily harm by negligent driving, and one each of driving without due care and attention, driver failing to ensure a passenger is wearing a seat belt and towing a trailer without brakes.

The matter remains before the courts.

What’s changed since the crash?

The hearing was told no Tasracing policies had been changed and no fatigue management policy had been developed in the wake of the crash – and races were still held as late as 10.40pm.

A horse in a harness race. Pic Tasracing

Mr Jenkins said holding races often couldn’t be held at different times.

“Wherever possible we will endeavour to bring a race meeting forward but it isn’t always possible because Tasracing doesn’t control the broadcast schedule,” he said.

Government scrutinised over unreleased racing report

Minister Felix Ellis said his heart went out you the young racing workers involved but night racing was “an important entertainment offering” and he had a “strong expectation” of fatigue mitigation measures.

Minister Felix Ellis. GBE hearing with Tas Racing. Picture: Nikki Davis-Jones

Questions about the welfare of animals and the Murrihy inquiry into horse racing codes dominated the remainder of the committee hearing.

The Committee heard the government had secretly extended the tenure of the director of the Office of Racing Integrity Justin Helmich by six months to March next year, despite the pending Murrihy review and a vote of no-confidence from industry participants.

“The reappointment and its secrecy stinks and is symptomatic of the way this government does business,” Labor’s Dean Winter said.

Labor's energy spokesman Dean Winter and TCCI CEO Michael Bailey speak to the media on Parliament Lawns in Hobart on Tuesday, November 7, 2023.

Mr Ellis said the government would release the Murrihy report in full accompanied by a response from the government as soon as possible after it was completed.

Mr Winter said he was aware of allegations of tax avoidance, sexual harassment and other matters which were outside the inquiry’s terms of reference.

“Allegations which fall outside the scope of Mr Murrihy’s review – particularly criminal matters – are referred to the appropriate authorities,” Mr Ellis said.

“There is no place for criminal or non-compliant behaviour in racing, or in any part of the community.”

Independent MP Kristie Johnston said the committee hearing has not dispelled her concerns about the industry.

“Here was an opportunity under scrutiny from members of parliament to show they have listened and learned from the string of debacles and scandals that have dogged this ‘industry’ all year,” she said.

She described Mr Ellis as a “paralysed apologist for this abusive industry”.