The report by investigator Ray Murrihy into ‘matters of alleged team driving and/or, race fixing, and animal welfare concerns relating to the harness racing industry and the management of those issues by the Office of Racing Integrity’ was released today by the Tasmanian government. It is dated November as that is when it was received by the government.

Executive Summary

More than 45 submissions were received and over 50 interviews were conducted as part of this investigation and review, pertaining to the Terms of Reference (ToR). Specifically addressing ToR 1 and 2, which require an examination of team driving and race fixing, the investigation relied on race footage, the race histories of relevant horses, race betting data, interviews with and submissions from relevant participants, and the betting records of individuals.

It is important to acknowledge the inherent difficulty in proving team driving in harness racing. The investigation scrutinised allegations of team driving and race fixing in the two races mentioned in the ABC media report of 26 March 2023, as well as two additional races selected from more than 50 races from the past three years referred to in submissions. From these four races, two were determined to involve conduct non-compliant with the AHRR, while the remaining two races lacked sufficient evidence to support a non-compliant determination. The specific findings for these four races are detailed in this report. A condensed list of 15 races with questionable race tactics referred to in submissions will be confidentially provided to the Tasmanian Government for consideration of further review by designated appointees.

When determining compliance with AHRR of animal welfare conditions at the Yole Sidmouth property (ToR 3), the investigation adopted a broad perspective that encompassed both the physical environment and potential mistreatment, but also any unlawful or indiscriminate administration of medications and substances, to horses. In reaching a determination of non compliance with five rules namely AHRR 218, 218A(1), 193(3), 196B(1) and 196D(1) these assessments involved interviews with Yole stable employees, interactions with trainer Ben Yole and stable foreman Tim Yole, and an analysis of the trainer’s 2023 treatment log.

For reasons set out under ‘scope and limitations’, this investigation does not make positive findings about non-compliance with the AHRR upon charges and to which penalties and consequences would attach.

Charges have not been laid as part of this investigation. Rather, this investigation expresses determinations of non-compliance with the AHRR based on the material before it, noting this investigation has afforded those who have faced allegations of non-compliance an opportunity to answer those allegations.

The findings of non-compliance (findings 1, 5, 6, 7, 8, 9 and 10,) with six rules (240(a)(i) and (ii), 218, 218A(1), 193(3) 196B(1) 196D(1)) with reference to ToR 1, 2 and 3 are matters of some gravity and are referred to the Tasmanian Government for consideration. The Tasmanian Government may choose to refer these matters to an authorised appointee who is empowered to investigate specific matters and if deemed appropriate, proceed to lay and determine charges.

A substantial number of submissions received by this review pertained to horse welfare conditions at the Yole Sidmouth property. In this context, the review met with the CEO of RSPCA Tasmania on 25 May 2023, who had previously visited the Yole Sidmouth property. Also a site inspection was conducted on 7 June 2023, in the company of the Chief Veterinary Officer for Tasmania, a Senior Inspector for the RSPCA, and the Tasracing Chief Veterinary and Animal Welfare Officer. Past inspections by ORI and RSPCA Tasmania had yielded no findings of non-compliance with the rules or the Animal Welfare Act 1993. However, these “no findings” highlight the deficiencies in regulations governing horse welfare standards at training establishments, specifically that:
• the rules prohibit the mistreatment of horses, however they are deficient in that they do not prescribe what is considered a minimum standard for horses and facilities at training establishments;
• the Animal Welfare Act 1993 currently has no regulations to prescribe what welfare standards are required to be met for a horse training property; and
• the Tasmanian Equine Welfare Guidelines 2008, which detail the humane treatment and welfare of horses, are not enforceable because they are guidelines and not supported by the force of the rules.

This investigation’s compliance assessment into horse welfare conditions at the Sidmouth training property in accordance with ToR 3 is accordingly inhibited by the absence of existing measurable and enforceable standards. The investigation however shares the concerns expressed publicly by the CEO of RSPCA Tasmania concerning the conditions in which horses are kept on the property and this review identifies deficiencies in stocking density, ground conditions, feeding practices, protection from weather extremes, race day processes and veterinary treatment record keeping.

During the site visit to the Yole Sidmouth property, the review was accompanied by the Tasracing Chief Veterinary and Animal Welfare Officer, being the person responsible for developing the Code of Practice for the care of thoroughbred and harness horses. The review was afforded the opportunity to contribute to the development of minimum standards in the draft code. Pursuant to ToR 6 this report details recommendations for inclusion in the Code of Practice including that the code be linked to the rules so as to ensure enforceability.

ToR 6 also invites the review’s advice on other opportunities to improve horse welfare and this report makes recommendations for the early introduction of rules relative to rehoming and traceability of retired horses, including those horses found not suitable for racing careers. Whilst available statistics indicate that the vast majority of horses are well cared for post their racing career, Tasmania is lagging behind those programmes being progressed in racing jurisdictions in mainland states that require the owner or person responsible to take a “whole of life” approach to ensure the best possible and practical outcome for every horse no longer suitable to pursue a racing career. This must necessarily be accompanied by a robust traceability programme to ensure strict compliance with rehoming rules.

ToR 4 and 5 involved many submissions and interviews raising concerns regarding ORI’s management of allegations and ORI’s complaint management related to team driving, race fixing, and other grievances aired in the ABC report of 26 March 2023. The review has not attempted to investigate all those concerns but rather has based its observations on six examples taken from interviews, where the current system has not worked effectively for the best outcome. These concerns echo the observations made in the Monteith and the Sykes reviews, highlighting a lack of confidence and trust in the industry’s regulation.

The current system lacks a truly independent avenue for participants to file complaints regarding ORI personnel and their accountability. The Director of Racing’s role is perceived as lacking true independence, as the Director also serves as the General Manager of ORI. Particularly in serious integrity related matters, complaint handling by ORI was found by this review to be somewhat stilted, lacking cohesion and often not attributing the degree of seriousness necessary to the matters before them. What is needed is clear policies and procedures to dictate how complaints are to be made and addressed, with defined timelines for resolution, which should be publicly promoted.

ToR 7 invites advice on other matters concerning team driving and race fixing and very relevantly this investigation makes recommendations on what it observes as a most concerning stifling of on-track competition currently in Tasmanian harness racing, particularly so in the lower class races. As fierce competition on the racetrack is the industry’s best safeguard against malpractice, including team driving and race fixing, a major overhaul to the current ratings, programming and balloting model is needed to arrest this decline whereby horses are currently rewarded for poor performance by rapidly descending the ratings ladder. This has the undesirable consequence of Tasmania becoming a last dropping off point for aged horses that are non-competitive in mainland states. Compounding this, one Tasmanian trainer has quite legally taken advantage of this model resulting in his stable gaining a monopolisation and dominance of starters particularly in lower rating races to the degree he often provides every starter in the field. This impacts on competitiveness on the racetrack with a disturbing number of participants either leaving or down-sizing their interests in Tasmanian harness racing.

Further to ToR 7, the review recognises the complex challenges of integrity in today’s harness racing industry with support for more formal training opportunities for stewards together with a recommended new approach to intelligence based monitoring, analysis and utilisation of betting data so as regulators may better identify and address vulnerabilities.

The review also recommends the proposed independent Integrity Unit have a heightened focus on auditing therapeutic substances in racing establishments, involving a system of intelligence based unannounced stable visits with audits of medications and scrutiny of treatment records.

In providing the following advice in this report, it is done on the assumption that the Tasmanian Government will implement the recommendations of the Monteith Review through legislative reform, which are fully supported. These reforms provide the pathway forward by, for example, joining together welfare policy and enforcement, with Tasracing assuming the powers of enforcement under the rules, now held by ORI.

These reforms propose the establishment of an independent Integrity Unit in Tasracing, responsible for integrity, investigations, race officials and animal welfare support functions. They also involve the creation of a Tasmanian Racing Integrity Commissioner (TasRIC) to provide oversight, ensuring transparency and accountability. These changes are essential for integrating welfare policy and enforcement, unifying the industry’s governance and addressing the rehoming of retired racehorses.

Read the full report is here: https://nre.tas.gov.au/Documents/Final%20Report%20-%20Murrihy.pdf

Media release – Felix Ellis, Minister for Racing, 31 January 2024

Final Murrihy Report into Tasmanian harness racing released

The Rockliff Liberal Government is acting to protect the integrity and probity of Tasmanian racing and to strengthen animal welfare outcomes.

The Government is today releasing the final Murrihy Report, in full and with no redactions, from independent investigator Ray Murrihy that relates to allegations of team driving, race fixing and animal welfare concerns in the Tasmanian harness racing industry and the management of those issues by the Office of Racing Integrity.

Minister for Racing, Felix Ellis, said that Tasmanian harness racing has a long and distinguished history of champion horses and drivers, but the release of this Report marks a dark day for racing in Tasmania.

“The Report clearly demonstrates a regulator that has serious issues relating to complaints handling, a lack of policies and procedures, lack of leadership, accountability and transparency,” Minister Ellis said.

“The Report makes findings that individuals within the industry have engaged in team driving, race fixing and animal abuse.

“This is not good enough by anyone’s standards and demonstrates what can happen when a regulatory model fails. We cannot walk past the findings in this report – we won’t walk past it, and we are taking action.

“The Tasmanian Government will abolish the Office of Racing Integrity and overhaul the whole system.

“We will deliver this reform through the Racing Regulation and Integrity Bill 2023 to establish a Tasmanian Racing Industry Commissioner, a tough new cop on the beat who will have powers to set integrity and welfare standards. This Bill will be a priority for our Government when Parliament resumes this year.

“Mr Murrihy also states that the racing model itself requires a major overhaul to improve competition on the racetrack. Fierce competition is the industry’s best safeguard against team driving and race fixing.

“If the industry is to survive, Tasracing needs to improve competition immediately, even if this means some short-term pain with smaller fields and reduced race programs.

“Tasracing has committed $250,000 to assist with training for stewards and for RSPCA investigations into animal abuse outlined in the Murrihy Report.

“Given the findings, we have established an independent stewards’ panel of harness racing and integrity experts to investigate and determine charges.

“This is the next step in our pathway to improving the integrity that underpins racing, and we will not stop.

“This Panel was established on 22 January, and it was important that this was finalised before releasing this report. I want to thank these Stewards who have come from Queensland and Victoria.

“All races referred to in the Murrihy Report, including an additional 15 races, will be scrutinised by the new stewards’ panel. The panel will also consider matters relating to the administration of injections and medications.

“Animal welfare matters, including allegations of mistreatment of horses, have been referred to the RSPCA and Biosecurity Tasmania for investigation.

“The Secretary of NRETas will now oversee an Implementation Committee which will be responsible for progressing the findings of the Murrihy Report and that Committee will report directly to me. Reports on progress will be published in full every quarter to ensure transparency, with the first report due on March 31.

“The Tasmanian racing industry generates more than $208 million in economic activity for Tasmania and involves more than 6400 people across the State. It is a way of life for many Tasmanians and the Government wants to ensure it continues and flourishes.

“Strong leadership is now required to address these failures and ensure that accountability and integrity underpin the racing industry we love – otherwise we risk losing harness racing in Tasmania,” Minister Ellis said.

The Tasmanian Government thanks Mr Murrihy for his Report and also to those brave individuals who took the time to make submissions.

Media release – Kristie Johnston MP, Independent Member for Clark, 31 January 2024

SHUT DOWN HARNESS RACING NOW

The much-anticipated final report from Ray Murrihy has laid bare what every observer already knew – harness racing is rotten to the core:

  • Rampant race fixing and team driving.
  • Cruel and inhumane treatment of horses. The horses are just a unit of production to be abused and used.
  • Tasracing, the Office of Racing Integrity and a succession of Racing Ministers have been negligent in their duty to keep racing clean and honest.

Minister Ellis has sat on this report since December and trainer Ben Yole has still been allowed to race. Why? More time wasted and more suffering to horses when he could have been doing something – anything – to put this right. But all we get after almost a year’s worth of investigation is another investigation – a “new” stewards panel and a snail’s pace on progress towards improving animal welfare.

Given this government and ORI’s incredibly poor track record of successfully prosecuting the wrong-doers in the racing industry, the community and I can be forgiven for not holding our breath waiting for Yole to actually be held to account any time soon, if at all.

The Government and Minister Ellis need to act. Harness racing in Tasmania must be suspended. Leading trainer Ben Yole must be suspended. If you are an owner or a punter why would you become involved in Tasmanian racing? What confidence could you have that your money is being invested in a fair game?

The whole industry, across all three codes is in a mess. ORI and Tasracing have shown they are not up to the job and the Minister is putting blind faith in a yet to be realised reform that puts the fox in charge of the hen house. There needs to be a new broom put through the lot of them.

Media release – Dean Winter MP, Shadow Minister for Racing, 31 January 2024

Scathing Murrihy report a damning indictment of ORI, Liberal government

The scathing findings of the Murrihy report vindicate every participant who stood up to, reported and raced against Ben Yole Racing and are a damning indictment on the Liberal government.

The report paints a disturbing picture of years of failure and non-existent Ministerial oversight, outlining massive corruption, race fixing and animal welfare breaches, which should horrify every Tasmanian.

The former Minister Madeleine Ogilvie simply referred the complaints about the Office of Racing Integrity back to the Office of Racing Integrity.

Then, to make matters even worse, the Minister Felix Ellis reappointed the then Director of Racing Justin Helmich while he was effectively under investigation and despite BOTRA having no confidence in him.

Minister Ellis’ only new announcement today is that he is commissioning an independent panel to review his independent expert. There is no one more qualified or more respected that Ray Murrihy in racing. There is more than enough evidence to stand Ben Yole down.

For Mr Ellis to say today that was shocked by the Murrihy report shows just how hopeless and pathetic these Ministers have been. The entire industry has known this has been going on for years – except seemingly Ministers Ogilvie and Ellis.

Are we really going to have race meetings this weekend featuring a trainer found to have abused his horses and commissioned team driving?

If Mr Ellis is serious about fixing the industry he has no choice but to stand down Ben Yole – today.

Tasmania’s racing industry cannot continue like this. The findings of abuse of horses, race fixing and team driving are incredibly serious. And we still don’t know what has happened with the allegations of sexual harassment, wage theft and tax evasion.

It is a disgrace that Mr Yole has been allowed to race for the past two months and if he is allowed to field runners on the weekend, Tasmanian racing will be a national joke.

Media release – Animal Liberation Tasmania, 31 January 2024

Murrihy Report Response: Suspend Yole Now

At long last, the Murrihy Report has been released by a racing minister who seemed averse to publishing the findings to the public. And now that it is here, the results are damning, with the report upholding allegations of race fixing and animal abuse by Ben Yole.

Yole has long been under the scrutiny of both concerned members of the public and his own industry’s participants. Animal Liberation Tasmania has had multiple conversations with harness racing participants requesting that we “take a look at” Ben Yole and his practices. But such things have already been well documented by community members and the media. What this report does is vindicates those concerns.

What the report details regarding animal abuse is sickening. Not only the stocking densities, feeding schedules, ground conditions, and protection from the weather that the report criticises, but the egregious abuse inflicted upon these horses. Including being tied up and whipped whilst shouted at to frighten them, replicating the conditions of the last stages of a harness race. Or the case of Blings on Fire, left for four days unable to eat due to the thick rubber band left around their tongue (aka. a tongue tie).

This comes following the GBE questions that revealed Yole’s lack of workers’ compensation insurance, the subjecting of workers to 20-hour days resulting in a car crash killing four horses and seriously injuring five young people, and his total abrogation of responsibility to said driver in that crash. The list of incidents and issues relating to Yole, his treatment of horses and workers, and race fixing are lengthy.

However, the report stops short at recommending his suspension and the pursuit of formal charges. And whilst the Tasmanian Liberals state they are putting some funding towards investigating both the race fixing allegations and the animal abuse, the chances are that, like his mate Anthony Bullock, Yole is unlikely to face any real consequences.

The relationship between Yole and Bullock is well known and long-standing, with Bullock owning property adjacent to the Yole stables to hold horses as well as acting as the slaughterman for Yole’s discards to feed his greyhounds. Yole acted as Bullock’s support person at his appeal against his lifetime disqualification. Bullock also owned Written in Silk, a horse trained by the Yole Stables. Shadow racing minister Dean Winter alleged in state parliament in March 2023 that Bullock placed a substantial bet on the horse at long odds, which effectively tripled his winnings. Written In Silk was not favoured to win, beating the favourite Be Good Benny who was also trained under Yole.

And now, allegations of race fixing have been upheld.

How Yole can remain racing without suspension is a travesty, but it shows how corrupt the animal racing industries are. But Yole, as with Bullock, is merely a symptoms of an industry founded on exploitation. And where animals are used for profit, they will always finish last.

Animal Liberation Tasmania welcomes the axing of the Office of Racing “Integrity.” As a body they were entirely lacking in integrity and efficacy. However, for the concerns of animals, workers, and the community to be appropriately represented the industry must be overseen by a completely independent body funded by the government but with no interference from government or industry. Anything else will simply work towards protecting the public image of racing without doing anything of value to guarantee animal welfare or worker safety.

It is long past time that animal the racing industries were simply abolished; this report is just another nail in its eventual coffin.

Industry statement – Tasracing, 31 January 2024

Final Murrihy Report into Tasmanian Harness Racing and the management of those issues by the Office of Racing Integrity

Tasracing notes the release of the final Murrihy Report into Tasmanian Harness Racing.

As an immediate action, Tasracing is confirming its legal powers, separate to the Office of Racing Integrity (ORI), to address allegations raised against a number of licensed persons named in the report. Further information about this will be released prior to the Friday night harness race meeting scheduled for Launceston.

In accordance with the Racing Regulation Act fields for the Friday night meeting, determined prior to release of the report, have been published.

Important animal welfare findings are also being considered. This work will be led by Tasracing Chief Veterinary and Animal Welfare Officer Dr Martin Lenz. In addition to requirements under the Animal Welfare Act, with the release of the Murrihy Report, Tasracing’s enforceable Equine Code of Practice can now be circulated for final stakeholder comment and will be considered alongside the report ahead of its introduction.

Tasracing will work with the RSPCA to develop an investigative program relating to animal welfare matters raised in the report.

Report findings in relation to field composition policy and the current Ratings-Based Handicapping System will be considered by Tasracing in consultation with industry participants and stakeholders before a proposed change program is announced.