RACING Queensland Limited (RQL) today announced that it had issued a Control Body Direction to the Gold Coast Turf Club (Club).
The Club had previously been provided with an opportunity to address what RQL believes is a breach of the Racing Act 2002 arising from the payment by the Club of the legal costs arising out of the disciplinary proceeding and subsequent appeal by the Club’s former chairman.
As the former chairman was found guilty in the proceedings and in light of the failure of the Club to take, or agree to take, any appropriate action in respect of the payments totalling approximately $65,000, the board of RQL issued the Control Body Direction to the Club which includes the following requirements:
1 The Club is directed to immediately and promptly undertake a full and complete investigation of all potential avenues by which the Club might legally seek to recover either the sum of $65,088.21 (amount) that was paid by the Club for legal costs that were primarily incurred by the Club to assist Mr Andrew Eggleston, the former chairman of the Club (chairman) to:
a Defend a charge of unseemly behaviour (as defined under the Australian Racing Rules (AR175(q)) as brought against him by the stewards; and
b Pursue a review of the stewards' final decision made against Mr Eggleston before the Queensland Civil and Administrative Tribunal (Tribunal).
or an equivalent sum as damages or compensation arising from the payment by the Club of the amount
2 The chief executive officer of the Club, Mr Grant Sheather (chief executive officer) is directed to assume full responsibility for personally managing the conduct of the investigation described in this direction.
3 The chief executive officer as part of the investigation that is required to be undertaken pursuant to this direction is to ensure that the potential legal rights of the Club against the following parties are fully, comprehensively and properly investigated being:
a The chairman personally; and/or
b Any current or former director of the Club who participated in the making of (or then ratified) the decision of the board of the Club on April 29, 2011 in the following terms:
"The board agreed also that the Club would cover the costs in relation to any advice sought by the chairman or any action taken by the chairman in challenging or appealing charges laid against the chairman by Racing Queensland in relation to the incident with HTP and Henry Davis."; and/or
c Any insurer of the Club or of the directors of the Club under any policy of insurance that is maintained by the Club in favour of either the Club or any current or former director of the Club; and/or
d Any professional adviser to the Club (if any) who may have advised the Club on the payment or the recovery of the amount or the conduct of the review proceedings before the Tribunal.
The Club is required to take appropriate legal advice in addressing the various issues and has been given 28 days in which to take the steps set out in the direction.
RQL is disappointed that it has to take this course of action but possible breaches of the Racing Act, particularly those which cause a financial detriment to a club, cannot be ignored.
RACING QUEENSLAND MEDIA RELEASE
