| In breaking news overnight, it appears the Qld Civil and Administrative Tribunal (QCAT) has ruled on Racing Qld / QRIC's "use" of illegally-obtained video footage; which they relied upon in charging former Qld participant, Greg Paull, with involvement in "live baiting". The Qld peak body had used the video "evidence" and subsequently imposed a Life Ban on Mr Paull (which was later varied to a lengthy, 10 year disqualification). However - as reported in The Sunday Mail yesterday - this latest decision (which is understood to have effectively "ruled out" the use of illegally-obtained tapes) may have far reaching ramifications for numerous former participants and licencees who have ongoing cases before QCAT and the various Courts and Appeal bodies; possibly in addition to those facing similar cases interstate. The story, courtesy of The Sunday Mail (27/8/17) :
[From "The Sunday Mail"] "Carmody rules out recordings evidence KAY DIBBEN - Sunday Mail A GREYHOUND trainer who is appealing a 10-year-ban for live-baiting violations has had a secret surveillance recording, which was the main evidence against him, excluded. Justice Tim Carmody has ruled the audio recording used by Racing Queensland to disqualify trainer Gregory Paull breached the Invasion of Privacy Act, as it was of a private conversation. RQs case against Mr Paull rested on surveillance tapes that were said to show him knowingly engaging in live baiting on an unregistered private training track outside Ipswich in 2014. Mr Paull was heard on an audio recording talking about the cost of live lures compared with dead ones and seen in the proximity of a small marsupial moving on a lure. Racing Queensland obtained videotapes of material captured on surveillance devices, planted by animal rights activists, after some footage was shown on the ABCs Four Corners program. Queensland Civil and Administrative Tribunal member Justice Carmody found the two-minute audio recording was of a private conversation between Mr Paull and other trainers. He found it was not expected to have been overheard, and was inadmissible, and he set aside a previous tribunal decision to refuse the exclusion of the listening device evidence. No doubt this is a discouraging result from the point of view of animal welfare and racing integrity, Justice Carmody said. It will probably mean that live baiting and other iniquitous activities may go unpunished and be even harder to detect. But he said the law had to be followed to the letter. Justice Carmody said Racing Queensland was unable to establish that the tapes did not record a private conversation. Mr Paull was originally disqualified and warned off all racecourses for life, and had dogs forfeited, but he appealed and a disciplinary board slashed his ban to 10 years. He appealed to QCAT and objected to Racing Queensland admitting the recordings."
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