Non Raceday Inquiry RIU v J Lane – decision dated 27 March 2015

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hearing_title: Non Raceday Inquiry RIU v J Lane - decision dated 27 March 2015

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IN THE MATTER of the New Zealand Rules of Greyhound Racing

AND

IN THE MATTER of Information A5818

BETWEEN RACING INTEGRITY UNIT

Informant

AND JOSHUA LANE

Licensed Handler/ Greyhound Trainer

Respondent

DECISION OF JUDICIAL COMMITTEE 27TH MARCH 2015

INTRODUCTION

As a result of an incident at the Otago Greyhound Racing Club’s meeting on the 3rd March 2015, Mr Joshua Lane, a Licensed Greyhound Trainer, was charged with a breach of Rule 87.1(f) (i) of the Rules of Greyhound Racing New Zealand.

Rule 87.1 reads as follows:

“Any person (including an Official) commits an offence if he/she:

(f) uses improper or offensive language in either written or spoken form towards, or in relation to:

i. a Steward

It was alleged in Information A5818 that on 3rd March 2015 at Otago that J Lane , a licensed greyhound trainer, used insulting language towards the Stewards namely “They’re just f…..g wankers (expletive deleted).

Mr Lane admitted the breach of the rule.

PRESENT:

Mr Shane Renault (representing the Racing Integrity Unit)

Mr J Lane (Respondent)

Mr R Quirk (Registrar)

INTRODUCTION

At the commencement of the hearing Mr Renault, on behalf of the Racing Integrity Unit produced a letter signed by the General Manager of the Racing Integrity Unit, authorising the lodging of the information.

THE FACTS

At the conclusion of Race 10, at the Otago Greyhound Racing Club’s meeting on Tuesday 3rd March 2015, Mr Christopher Boyd, a Stipendiary Steward requested Mr Lane to go to the Stewards’ Office.

Mr Boyd advised Mr Lane that he had paraded and loaded away a greyhound in the race while not wearing a club jacket in contravention of the club’s and the NZGRA Dress Code.

Mr Lane became upset and wanted to argue the merits of the Dress Code. He was agitated at what he considered a minor matter and felt that he was being picked on. As Mr Lane left the Stewards’ Office, he walked past the open window of the office in close proximity to the parade area where other handlers were present and used the words, “they’re just f…..g wankers (expletive deleted).

When spoken to regarding the use of his language, Mr Lane accepted his use of the words complained of in relation to Mr Boyd and to another Steward Mr Mark Davidson. He was contrite and readily admitted that he had breached the provisions of the rule. He further said that what he had said was inappropriate and insulting, and signed Information no. A5818, admitting the breach.

Without any prompting, Mr Lane offered his sincere apologies and accepted full responsibility for his actions.

THE RESPONDENT’S CASE

Mr Lane told the hearing that he did not dispute the facts presented to the hearing. By way of explanation, he said that he felt aggrieved about the Dress Code issue, and went on to say that he disputed what was reported in the Stewards Report which referred to a total of four handlers (he being one of them) having been spoken to about their breach of the Dress Code. He said that he had spoken to the other handlers on the day who all said that they had not been spoken to by the Stewards. Thus he felt that he had been singled out and that was why he was upset about the matter. He thought that he was going to be given a Minor Infringement Notice for breaching the Dress Code, and wanted to know why the other three handlers were not being charged. He said that Mr Boyd told him that he (Mr Boyd) had not seen the other handlers without jackets. That added to his frustration. He said that after he had calmed down, that he apologised to the Stewards.

DECISION AND REASONS

As Mr Lane has admitted the breach, it is deemed to be proved.

PENALTY SUBMISSIONS

Mr Renault advised the hearing that Mr Lane has been a licensed handler since 2010, and a licensed trainer since 2013. He has not been charged with a breach of the Rules of Greyhound Racing until now. Mr Renault referred to the cases of RIU v Phillips, (16/08/12, RIU v Weir (5/3/14 and RIU v Hodgson (4/3/15, where fines ranging from $250 to $400 were imposed for similar offending. He submitted that a fine of between $200 and $400 should be imposed.

He acknowledged that Mr Lane should be given credit for his apology and for admitting the breach at an early stage.

Mr Lane did not have any submissions with regard to penalty.

PENALTY DECISION

In this case we consider that a fine is an appropriate penalty. We have taken as a starting point a fine of $400 against which we must consider aggravating and mitigating features.

There are no particular aggravating features in this case which warrant an uplift on our starting point.

However, Mr Lane has a good record in the Greyhound Racing Industry. That coupled with his clear remorse for his behaviour, not only in this hearing but also immediately after the incident, and also his early admission of the breach, enables us to afford him a discount on our starting point of $100.

PENALTY

Mr Lane is fined $300.

COSTS

As this matter was heard on a race day, there is no order as to costs.

KG Hales                RG McKenzie 

Chairman               Committee Member

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