Bell Wins Supreme Court Battle, Awarded Costs

THE Greyhound, Welfare & Integrity Commission (GWIC) has been unsuccessful in its Supreme Court bid against NSW trainer Andrew Bell.

In June, GWIC launched Supreme Court action following a decision by the Racing Appeals Tribunal (RAT) to reduce a 16-month disqualification imposed on Bell down to a six week disqualification, wholly suspended, for a period of two years.

The disqualification came as the result of a positive swab returned by the Bell-trained King Reed at Dapto in December, 2021. 

READ: Bell's Supreme Court Anguish

Understood to be growing increasingly frustrated with a range of decisions being knocked down on Appeal, GWIC elected to take unprecedented and costly Supreme Court action against decisions handed to Bell and two other participants.

On Friday, Justice Adams found in favour of Bell and by extension the Racing Appeals Tribunal, ordering GWIC to pay the trainer's extensive costs.

In dismissing the case, Justice Adams said there was "no denial of procedural fairness" and the plaintiff did not establish the penalty was "irrational or unreasonable".

After the judgment was handed down, GWIC issued the following statement.

“The Commission acknowledges the decision handed down today (Friday) by the Supreme Court in the matter of Mr Bell. The Commission will of course comply with the directions of the Court and consider our processes moving forward.”

While the Supreme Court action against Bell was unsuccessful, it was a different story earlier in the week, with proceedings against Alex Verhagen successful.

Charged with a range of animal welfare breaches, Verhagen had a 30-month GWIC-imposed disqualification knocked down to just three-months on appeal by RAT.

But following the Supreme Court decision, the matter will be returned to RAT with orders, with GWIC welcoming the decision.

"The Supreme Court's decision vindicates the Commission's decision to appeal the decision of the Racing Appeals Tribunal in relation to this matter on the basis that the original decision, in the Commission's view, set a dangerous precedent that was not in the best interests of the sport and, more specifically, greyhounds," a GWIC spokesperson said.

"The Commission is committed to supporting the highest standards of animal welfare, and a competitive, responsible, and sustainable greyhound racing industry.

"The reform of the NSW greyhound racing industry included the introduction of stronger penalties and new offences to deter and punish welfare and integrity breaches in greyhound racing."