A FORMER harness trainer and driver has been sentenced over an expletive-laden outburst at a Mildura race meet in 2021.
The actions of Peter O’Brien, 60, were last month the subject of a Victorian Racing Tribunal hearing, where Harness Racing Victoria stewards laid five charges against him.
Four of the charges related to O’Brien’s actions at a Mildura Harness Racing Club meeting on May 28, 2021.
The tribunal was told he had exhibited unreasonable and intimidating behaviour towards stewards, after he noticed a steward escorting his niece, who was banned from attending, from the track.
The hearing was told O’Brien had directed several expletives at a HRV steward in the stabling area, including “f***ng d***head” and “you can’t do your f***ng job properly”.
When he was called into a stewards inquiry as a result of the incident, he forcefully struck the table the stewards were sitting at before telling them “I couldn’t give a f*** about racing” and exiting the room.
A third verbal altercation occurred afterwards, where he directed comments of “you can get f***ed” and “I couldn’t give a f*** what you do” to another HRV steward.
He refused to attend three additional stewards inquiries to investigate the matter, and was suspended from racing on October 22, 2021.
His registration later lapsed.
O’Brien ceased involvement in the harness racing industry for several years, and had made no contact with stewards until January this year, when he applied to be licensed as a stablehand.
He was advised the outstanding matter needed to be resolved before the application was dealt with.
O’Brien did not attend last month’s VRT hearing, but had asked friend and fellow industry participant David Briggs to do so on his behalf.
Mr Briggs advised the tribunal that O’Brien continues to suffer the effects of a stroke from October 2019, which had significantly changed his personality.
Medical evidence provided to tribunal deputy chair Marilyn Harbison indicated the stoke had caused a change in O’Brien’s mental state, leading to him having trouble handling stress, becoming very irritable, lacking in self-control, being easily confused, and having difficulties in communication.
He is also physically impaired on the left side of his body as a result of the stroke, and now relies on a disability pension.
Ms Harbison and fellow panellist Amanda Dickens accepted a submission that, arising directly out of this medical condition, O’Brien was misguided, and had developed a phobia that stewards “were out to get him”, which played a significant part in his behaviour.
The tribunal accepted that O’Brien was clearly agitated and upset on the day, and took into account that by his own actions, he had been out of the industry for three and a half years already.
Noting he was first licensed in 1989, the hearing considered that O’Brien did not have a realistic chance of fully participating in the industry in the way he had done previously.
He was also previously handed a suspended fine for inappropriate comments made to stewards in June 2020.
The tribunal considered both his health and his actions, noting the need to discourage abuse and malicious, intimidating or otherwise improper manner to stewards.
O’Brien was instructed to pay a $500 fine, and was handed a minimum six-month disqualification from the sport.
The disqualification was backdated to commence on January 17 this year, when he registered to be a stablehand, which will allow his current application to be considered by the chief steward.
