Non Raceday Inquiry RIU v G Dickinson 19 July 2013 – Decision dated 23 July 2013

hearingid: 2ea42e3dfd733b90093f94824e27e21a

informantnumber: A4275

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decisiondate: 18/07/2013

hearing_title: Non Raceday Inquiry RIU v G Dickinson 19 July 2013 - Decision dated 23 July 2013

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

Non Raceday Inquiry RIU v Mr G Dickinson

Rules:

802(1)(a)

BEFORE THE JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

HELD AT MATAMATA

IN THE MATTER of the New Zealand Rules of Racing

BETWEEN Mr J Oatham – Senior Stipendiary Steward

Informant

AND Mr G Dickinson – Raceday Official / Assistant Starter

Defendant

Information No: A4275

Venue: Matamata Racecourse

Judicial Committee: Mr AJ Dooley, Chairman - G Tankard, Committee Member

Appearing: Mr J Oatham – Senior Stipendiary Steward

Mr W Robinson – Stipendiary Steward

Registrar: Mr B Jones – Assistant Stipendiary Steward

Plea: Denied

Date of Hearing: 19 July 2013

Date of Decision: 23 July 2013

Charge

Following the running of race 10, Cambridge – Te Awamutu Harness Racing Club, an Information was filed pursuant to Rule 802(1)(a). The Informant, Mr Oatham, alleged that Mr G Dickinson, Assistant Starter, on Wednesday 3 July 2013 at the race meeting of the Cambridge Jockey Club held at Te Rapa Racecourse, when acting in his capacity as Assistant Starter, he failed to comply with section 6.18 of the NZTR Starters Manual in that, when starting Race 10, he failed to ensure that all personnel were clear of the front of the starting stalls resulting in a barrier attendant being struck by the horse CLARA JANE and that he is thereby liable to any penalty or penalties that may be imposed upon him pursuant to Rule 803(1).

Mr Dickinson acknowledged that he understood the nature of the charge and the Rule.

Rule 802(1)(a) provides : A person commits a breach of these Rules who: (a) acts in contravention of or fails to comply with any provision of these Rules or any Regulations made there under, or any policy, notice, direction ,instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules.

Assistant Starter Prior to the Jump Section 6.18 of the NZTR Starters Manual provides: The Assistant Starter shall signal to the Starter that the final runner has been loaded, all gates are closed and a start may be affected.

Mr Dickinson confirmed that relevant documents had been disclosed to him. Mr Dickinson said he accepted the contents of the documents and consented to the contents being admitted as evidence.

Prior to the hearing commencing, Mr Dickinson advised the Committee that he sought permission to change his plea. The Committee granted Mr Dickinson’s request to deny the charge, the information was amended and signed by Mr Dickinson.

Evidence for the Informant

Mr Oatham presented to the Committee a summary of facts:

Mr G Dickinson was officiating as Assistant Starter at the Cambridge Jockey Club’s race meeting held at the Te Rapa Racecourse on Wednesday 3 July 2013.

The horse CLARA JANE, a 3YO filly trained by Mr James, was a starter in Race 10 at the above race meeting being a R65 Fillies and Mares race over a distance of 1600 metres and ridden by apprentice jockey Mr L Magorrian.

CLARA JANE which was drawn to start from the outside barrier in the field of eleven runners proved reluctant to load, eventually being led into its barrier stall by a barrier attendant. Due to the filly’s reluctance to load CLARA JANE was the last of the field to enter the barriers.

Mr Moody, Official Starter, was on his stand when CLARA JANE entered the barriers and effected the start of the race shortly after.

At the time of effecting the start of the race, the barrier attendant who had led the filly in, was still in the barrier stall with CLARA JANE and was knocked to the ground. As a result CLARA JANE was severely impeded losing approximately 15-20 lengths. The barrier attendant was thankfully uninjured in this incident.

CLARA JANE went on to finish in third placing in the race with, as per Rule 632, there being no provision for the filly to be considered as a non-runner. Clearly connections of the filly, along with patrons who had invested on CLARA JANE in many bet types would feel aggrieved.

Messrs Moody and Dickinson were both interviewed immediately after the race. Mr Moody stated that he had been unaware of the barrier attendant still being in the barrier stall with CLARA JANE.

Mr Dickinson said that he thought that there was still another runner/s to load after the filly entered the barriers. Mr Moody had been on his stand behind and to the inside of the field. Mr Dickinson had been standing to the outside of the barriers a matter of only a few yards from CLARA JANE.

All six barrier attendants working at the start were also interviewed along with apprentice jockey Mr L Magorrian. In summary this evidence indicated that no-one was expecting the start to be effected until hearing the starters call of “watch your gates”. At this point there were calls of No, No, No from various members of the barrier staff which are clearly audible on footage of the start but appear to have been made as the starter had already depressed the start button.

Mr Robinson demonstrated the alleged incident by using the head on and side on video films. He highlighted to the Committee that CLARA JANE, which had drawn to start from the outside barrier, proved reluctant to load. He showed the Committee when Mr Dickinson, moments before the start, was in close proximity to CLARA JANE'S barrier where it was clear a barrier attendant was holding onto her. He believed that Mr Dickinson had an obligation to signal this fact to the Starter.

Evidence for the Defendant

Mr Dickinson told the Committee that he was not aware that 2 horses which had drawn closer to the rails had entered their barriers. This was the reason he did not signal to Mr Moody that CLARA JANE had a man in front of her starting stall. He added he was not expecting the start to be effected and as a consequence a barrier attendant got “run over”.

In response to a question from the Committee, Mr Dickinson confirmed that he had had an absolute clear view of CLARA JANE'S stall when she was being fractious to load. He conceded to us that he “probably should have” called out to Mr Moody that there was a man in front of her barrier.

In response to a question from the Committee, Mr Dickinson informed us that part of his role as an Assistant Starter, is that he is responsible for the horses drawn on the outside half of the field and Mr Moody is responsible for the horses drawn to the inside half of the field.

In a further question from the Committee, Mr Dickinson advised us that on July 3 he was not aware that the NZTR Starters Manual existed. It was his view he had done nothing wrong and the responsibility of the start rests solely with Mr Moody.

In the final question from the Committee, Mr Dickinson acknowledged that CLARA JANE had drawn the outside stall which he previously informed us he was responsible for.

Summing up for the Informant

Mr Oatham summed up by saying that although the ultimate responsibility of the start is with Mr Moody, he believed Mr Dickinson had some responsibility in his role as the Assistant Starter. He said Mr Dickinson had let Mr Moody down because he was in the best position to see the barrier attendant was still in CLARA JANE'S stall.

Summing up for the Defendant

Mr Dickinson maintained he was not aware the 2 horses drawn closer to the rail had loaded and that's why he did not signal to Mr Moody. He added he was very sorry the incident happened.

Reason for Decision

The Committee carefully considered the evidence and submissions presented. We are mindful that Mr Dickinson has accepted all of the written evidence by consent however his primary objection is that he had no responsibility for the conduct of the start. In his view the responsibility rests with Mr Moody based on his interpretation of the NZTR Starters Manual.

However, Mr Dickinson admitted to the Committee that on July 3 he was not aware that the NZTR Starters Manual existed.

The Committee’s reason for rejecting Mr Dickinson's evidence that responsibility rests solely with Mr Moody is that pursuant to Rule 104 the definition of a starter means the person appointed by NZTR or a club in accordance with Rule 629 to start Races at a Race Meeting together with that person’s assistant.

It is therefore our view that Rule 104 clearly defines Mr Dickinson’s responsibility.

Further the Starters Manual sets out specific obligations on both the Starter and the Assistant Starter prior to horses jumping from the barrier. The Starters Manual, is in our view, a guideline imposed under the New Zealand Rules of Racing in accordance with Rule 802(1) (a).

Finally, upon reviewing the video films, this showed Mr Dickinson positioned in very close proximity level with the starting stalls of CLARA JANE. As a consequence he had an uninterrupted view of her stall. Mr Dickinson did concede to the Committee the he “probably should have” signalled to the Starter there was a man in front.

Decision

Accordingly, we find the charge against Mr Dickinson proved.

Submissions for Penalty

Mr Oatham submitted that Mr Dickinson had been working as an Assistant Starter for 1 year and had a clear record. He said the Integrity and Safety was compromised by his actions. He acknowledged the prime responsibility to effect the start was with the Official Starter however, stated the Stewards' view was that Mr Dickinson should have done more to assist Mr Moody. He emphasised that Mr Dickinson was in close proximity to observe that a barrier attendant was holding onto CLARA JANE. Mr Oatham submitted a penalty in the range of $150 to $250 would be appropriate.

Mr Dickinson submitted he had a clear record and had nothing further to add.

Reasons for Penalty

The Committee carefully considered all the evidence and submissions presented. The mitigating fact is Mr Dickinson's clear record in relation to this Rule. The aggravating fact is he placed a barrier attendant in danger and failed to pay attention to the safety and welfare of riders, their mounts and racing officials in signalling safe, efficient and fair starts.

Mr Dickinson advised the Committee that he was responsible for observing the outside half of the field and as such was obligated to signal to the Starter that there was still a man in front of the stall, we view this as a significant aggravating fact. Fortunately the barrier attendant was not injured in this incident.

The Committee believes it is obvious any analysis of the film would lead an objective viewer to the conclusion that CLARA JANE would have won the race if she was not badly impeded at the start. Therefore the betting public would feel aggrieved with the result because under Rule 632 there is no provision to declare CLARA JANE a non starter. It is paramount for the reputation of the racing industry that the betting public and license holder’s confidence is maintained at the highest level.

The Committee accepts that there was no intent on Mr Dickinson's part.

The Committee, after hearing the evidence, expressed their concern that Mr Dickinson on July 3 did not have a copy of the NZTR Starter's Manual which came into effect in 2009. Mr Oatham, when carrying out his investigation, became aware that Mr Dickinson was not aware of the Starters Manual and subsequently provided him with a copy of this document.

The Committee referred to the JCA penalty guide, which recommends the starting point is fact dependent and the records showed there was no precedent for a similar breach.

After taking into account all the above factors we consider an appropriate penalty is a $300 fine.

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Accordingly, Mr Dickinson was fined $300.

Due to this matter being heard on a raceday there will be no order for JCA costs.

A Dooley                 G Tankard

Chair                       Committee Member

hearing_type: Non-race day

Rules: 802(1)(a)

Informant: Mr J Oatham - Senior Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr J Oatham - Senior Stipendiary Steward, Mr W Robinson - Stipendiary Steward, Mr G Dickinson - Raceday Official/Assistant Starter

Respondent: Mr G Dickinson - Raceday Official/Assistant Starter

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