IN a landmark decision for freedom of the racing media and a major embarrassment for Racing Queensland Chief Steward Wade Birch, the Queensland Civil and Administrative Tribunal (QCAT), has overturned a prejudicial conduct charge against licensed trainer and journalist Terry Butts.

Birch, the golden boy of the chief stewarding ranks in Australia, steadfastly refused to accept that Townsville-based Butts, whilst working as a racing journalist for the North Queensland Register and letsgohorseracing website, could not be dealt with as a licensed trainer under the Rules of Racing.

Even after the former Head of Integrity at Racing Queensland, the much despised Jamie Orchard, took a ‘golden handshake’ and departed the scene, Birch argued that the ‘Silks & Saddles’ column, was not an expression of Butts’ opinion but that of trainer Darryl Hansen, whose criticism of the swabbing procedure at RQ did not attract the same attention from stewards.

Butts, a veteran and respected journalist with almost five decades of experience, was amazingly charged by Birch and his panel with being a person, bound by the Rules of Racing, either within a racecourse or elsewhere, in the opinion of the Committee of any Club or the Stewards, that had been guilty of conduct prejudicial to the image, or interests, or welfare of racing, that could be penalized.

Perhaps Birch assumed the matter would disappear when stewards, on February 15 2012, after finding Butts guilty issued only a reprimand. But encouraged by his mates in the media, his long time colleague, lawyer Barry Taylor and a belief that no wrong should be left undone, Butts pursued an appeal which has been very costly and on-going for almost a year while RQL used industry funds to fight him.

The decision, handed down by QCAT member Keta Roseby will be applauded by the racing media, especially those who find themselves in the unique situation of coming under the licensing jurisdiction of racing authorities. It should send a message to control bodies, like Racing Queensland, that this arguable misuse of powers by their stewards will not be tolerated and should never be repeated.

Butts was represented by senior counsel Tony Glynn, instructed by Emanate Legal and Racing Queensland Limited by Harvey Walters. Following the ruling of QCAT to set aside the RQ decision, the Butts’ legal team will now make an application for costs.

RQ have 28 days to appeal the QCAT decision but even taking into account the closeness of RQ Chairman Kevin Dixon to the stewards’ ‘golden boy’ Birch, one doubts whether he would want to go down the embarrassing track permitted by the former Bob Bentley-led Board and then Integrity boss Orchard of taking this matter over ‘one more bridge too far.’

The background to the Butts’ case is that in late November 2011 he wrote articles which appeared in the NQ Register and on the LGHR website regarding the concerns expressed by trainer Darryl Hansen concerning the swab testing procedures on the horse Show Me An Ace.

Following the publication of these articles, Butts was required, in his capacity as a licensed trainer, to attend stewards’ inquiries in December and February.

He was subsequently charged under AR 175A, the specifics being that: “Mr Terry Butts, a licensed trainer with RQL, did engage in conduct prejudicial to the image of racing by writing and causing to be published an article in the NQ Register on 24 November 2011 which contained factual inaccuracies that were calculated to make it appear to (his) readership that the Integrity Department of RQL – the controlling body for racing in Queensland – had been wrong, high-handed and negligent in its handling of a swab sample taken from the racehorse Show Me An Ace at the Eagle Farm meeting on November 12, 2011.”

Mr Butts told the inquiry that what he had done was to report a story, as told to him but his source, without editorial comment. He said that not even the headlines were his product but rather the editors of the NQ Register and LGHR. Mr Butts also said that he had asked his source, Mr Hansen, together with Mr Hansen’s solicitor, to check the article for accuracy before it was published.

The major issue the Tribunal had to determine involved whether Butts was bound by the Rules of Racing (as a licensed trainer) when in fact he was acting in his capacity as a journalist.

In handing down her decision Ms Roseby ruled, in part: “The article was clearly written while undertaking his profession as a journalist. There is no evidence before the Tribunal that satisfies me that Mr Butts was acting in his capacity as a licensed trainer in publishing the articles.”

Even more importantly, she ruled: “I agree with and accept the submissions made on behalf of Mr Butts. The Australian Rules of Racing cannot (and should not) bind a person beyond their conduct in respect of matters coming within the Rules. Mr Butts did not publish the article in his capacity as a licensed trainer, clearly he was conducting himself in his capacity as a journalist.

“On the basis of these submissions, which I accept, I find that Mr Butts was not bound by AR 175A when he published the article.

“If it were the case that Mr Butts had access to a particular story only by reason of him being a licensed trainer, then that would be a different case because it would be conduct regarding matters coming within the Rules. That is not the case here.

“Accordingly, I therefore set aside the decision of Racing Queensland and order that the charge be dismissed.”