Appeal K Walsh v RIU – Decision dated 28 April 2014
ID: JCA10700
Decision:
BEFORE A JUDICIAL COMMITTEE OF THE JUDICIAL CONTROL AUTHORITY AT AUCKLAND
UNDER THE RACING ACT 2003
IN THE MATTER of the New Zealand Rules of Greyhound Racing
BETWEEN Ms KAREN WALSH of Tirau, Licensed Trainer
Applicant
AND RACING INTEGRITY UNIT (RIU)
Respondent
Judicial Committee: Prof G Hall, Chairman - Mr A Dooley, Member of Committee
Appearing: The applicant in person
Mr G Whiterod for the respondent
DECISION OF JUDICIAL COMMITTEE
[1] A telephone conference was held with the parties at noon today.
[2] Mr Whiterod stated that the Racing Integrity Unit no longer opposed the appeal.
[3] It was agreed that the greyhound that THILLING BUTCHA had allegedly marred in race 10 at the Waikato and Districts Greyhound Racing Club’s meeting on 17 April 2014 had been racing with white tape on its ear, and that this may have attracted the attention of THILLING BUTCHA. Mr Whiterod stated he could not discern on the video that there had been any contact with the other dog by THILLING BUTCHA.
[4] Mr Whiterod also stated that in his opinion the correct charge was one of failing to pursue the lure but as that charge had not been laid on the day, he did not intend to take this matter further.
[5] Mr Whiterod also requested that THILLING BUTCHA be required to undergo a satisfactory trial before racing.
[6] The Committee questioned Mr Whiterod as to the number of starts THILLING BUTCHA had had. He said this was 36. When asked had the dog previously come to the attention of the stipendiary stewards with respect to its racing manners, he indicated it had not. Having regard to the circumstances of the racing incident and THILLING BUTCHA’s previous racing history, we do not require that THILLING BUTCHA undergo a trial before racing.
[7] We uphold Ms Walsh’s appeal. We also order the removal of the 28 stand-down period imposed under r 80.1.(a) of the Rules of Greyhound Racing by the stipendiary stewards at the meeting of the Waikato and Districts Greyhound Racing Club at Cambridge on Thursday, 17 April 2014.
[8] The applicant stated that she had not yet paid the filing fee. We order that no fee be paid.
[9] Neither party has applied for costs. We make no order for costs.
Dated at Dunedin this 28th day of April 2014.
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 28/04/2014
Publish Date: 28/04/2014
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
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decisiondate: 28/04/2014
hearing_title: Appeal K Walsh v RIU - Decision dated 28 April 2014
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
BEFORE A JUDICIAL COMMITTEE OF THE JUDICIAL CONTROL AUTHORITY AT AUCKLAND
UNDER THE RACING ACT 2003
IN THE MATTER of the New Zealand Rules of Greyhound Racing
BETWEEN Ms KAREN WALSH of Tirau, Licensed Trainer
Applicant
AND RACING INTEGRITY UNIT (RIU)
Respondent
Judicial Committee: Prof G Hall, Chairman - Mr A Dooley, Member of Committee
Appearing: The applicant in person
Mr G Whiterod for the respondent
DECISION OF JUDICIAL COMMITTEE
[1] A telephone conference was held with the parties at noon today.
[2] Mr Whiterod stated that the Racing Integrity Unit no longer opposed the appeal.
[3] It was agreed that the greyhound that THILLING BUTCHA had allegedly marred in race 10 at the Waikato and Districts Greyhound Racing Club’s meeting on 17 April 2014 had been racing with white tape on its ear, and that this may have attracted the attention of THILLING BUTCHA. Mr Whiterod stated he could not discern on the video that there had been any contact with the other dog by THILLING BUTCHA.
[4] Mr Whiterod also stated that in his opinion the correct charge was one of failing to pursue the lure but as that charge had not been laid on the day, he did not intend to take this matter further.
[5] Mr Whiterod also requested that THILLING BUTCHA be required to undergo a satisfactory trial before racing.
[6] The Committee questioned Mr Whiterod as to the number of starts THILLING BUTCHA had had. He said this was 36. When asked had the dog previously come to the attention of the stipendiary stewards with respect to its racing manners, he indicated it had not. Having regard to the circumstances of the racing incident and THILLING BUTCHA’s previous racing history, we do not require that THILLING BUTCHA undergo a trial before racing.
[7] We uphold Ms Walsh’s appeal. We also order the removal of the 28 stand-down period imposed under r 80.1.(a) of the Rules of Greyhound Racing by the stipendiary stewards at the meeting of the Waikato and Districts Greyhound Racing Club at Cambridge on Thursday, 17 April 2014.
[8] The applicant stated that she had not yet paid the filing fee. We order that no fee be paid.
[9] Neither party has applied for costs. We make no order for costs.
Dated at Dunedin this 28th day of April 2014.
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