Non Raceday Inquiry RIU v S Hodson – Decision dated 4 March 2019 – Chair, Mr T Utikere

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decisiondate: 04/03/2020

hearing_title: Non Raceday Inquiry RIU v S Hodson - Decision dated 4 March 2019 - Chair, Mr T Utikere

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Decision:

BEFORE A JUDICIAL COMMITTEE OF THE

JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

------IN THE MATTER of the Rules of Greyhound Racing

BETWEEN RACING INTEGRITY UNIT

Informant

AND-S HODSON

Respondent

Judicial Committee:-Mr T Utikere (Chairman)

Mrs N Moffatt (Member)

Parties:--Mr M Austin (for the RIU)

Mrs S Hodson (as the Respondent)

DECISION OF JUDICIAL COMMITTEE DATED 4 MARCH 2020

FACTS

This Non-Raceday Judicial Committee has been appointed to deal with an Information (A11014) that has been filed with the Judicial Control Authority (JCA). It alleges a breach of Rule 62.1(o) by Raceday Secretary Mrs S Hodson at the Wanganui Greyhound Racing Club’s Meeting on 19 February 2020. The Information specifically alleges that the Respondent “...was negligent in that she failed to scratch HERE’S HEMI (#1) by the required time i.e. 7.30am”.

The Information has been signed by the Respondent who had endorsed the Information as admitting the breach. It also indicated that the Respondent did not wish to be present at the hearing of the Information. As such the Committee, by way of a Minute issued on 21 February, indicated that it intended to deal with this matter on the papers.

We directed that the RIU file an Agreed Summary of Facts (ASOF), along with their Penalty Submissions. We infer that they have filed a signed Statement from Stipendiary Steward Mr Keith Coppins in lieu of an ASOF, as that is what we have received. Mrs Hodson was invited to file submissions along with any other pertinent information, but she has confirmed to the Executive Officer of the JCA, via email, that she did not intend to do so. Even though the charge is admitted, the circumstances surrounding the breach are helpfully laid out by Mr Coppins’ Statement by way of Formal Proof.

THE BREACH

Mr Coppins identified that he was on duty at the Wanganui GRC’s Meeting on 19 February with Senior Stipendiary Steward, Mike Austin. Whilst travelling to the meeting, Mr Coppins had received a call from the Club Secretary (Mrs Hodson) at 7.13am, advising that Mr S McInerney had scratched 10 dogs around 7.09am. She was going to contact the TAB to advise them, but she would be doing so a little later due to the number of scratchings that had come in so close to the scratchings deadline of 7.30am. She told Mr Coppins that she wanted to ensure the correct reserve greyhounds would be entered as a result. Mr Coppins agreed with that approach and advised her to take her time to ensure there were no scratching mishaps. At 7.33am Mr Coppins received a text message from Mrs Hodson with all the McInerney scratchings for the Meeting.

When Mr Coppins arrived on course, he checked the scratchings in the Racebook with the list of McInerney scratchings that he had been earlier provided with and noticed that HERE’S HEMI had not been listed as a scratching in the Racebook from Race 5, even though that dog was on the earlier list he had received. He checked with the Raceday Office and the TAB website which confirmed that the dog remained in the field, when it should have been scratched. He then advised Mr Austin, who after confirming with Mrs Hodson and Mr McInerney, notified Raceday Control of the scratching.

DECISION

As the charge was admitted, the Committee proceeds on the basis that it is proved.

PENALTY SUBMISSIONS

The RIU have filed written Penalty Submissions, which indicate the belief that the breach could be dealt with under the Minor Infringement Table (they refer specifically to the Sixth Schedule, Rule 40.1) for not scratching by 7.30am, thus constituting a late scratching. They also align that with a first offence where no other greyhound is denied a start.

The RIU do not see the current breach as any different from a trainer who has forgotten to advise the Club of a dog’s scratching. They also identify that Mrs Hodson is the Club Secretary and part of her role is to undertake scratchings for race meetings, which she does for both the Wanganui and Palmerston North Greyhound Racing Clubs. They also submit that “this is Mrs Hodson’s first offence as at this time”. (RIU Written Penalty Submissions dated 25 February 2020).

Mrs Hodson did not provide any submissions on Penalty.

REASONS FOR PENALTY

Mrs Hodson on the day in question was the Club Secretary with responsibility for actioning the scratchings for the Club. She was advised of a larger than usual number of scratchings from the McInerney kennels immediately prior to the scratchings deadline of 7.30am on raceday. She did a wise thing in making contact with Mr Coppins to advise that she would be taking her time to advise of the scratchings in order to ensure they were accurate, and that the appropriate reserve dogs then made it into the field. That indicates a diligent approach to such a task. However, in doing so, she has neglected to advise of the scratching of HERE’S HEMI from Race 5, and she had accepted responsibility for this.

The RIU have suggested that this could be dealt with under the Minor Infringement Table for a breach of Rule 40.1. That course of action is not permissible as this matter has been progressed by way of the filing of an Information; which is appropriate as the Respondent’s position is not captured by what is identified in Rule 40.1 or any other aspects of the Minor Infringement process.

Instead, we assume the RIU are submitting that a penalty similar to that for a scratching breach by a trainer, as stipulated in the Minor Infringement Table, is a more suitable consideration. We would agree with that position as a starting point.

The RIU have identified that this is Mrs Hodson’s first offence “at this time”. However, there is a previous breach of this Rule by her, which stems from August 2018. The written Decision of the Judicial Committee in that breach (RIU v S Hodson, Reserved Written Decision of Judicial Committee Dated 13 August 2018) sets out a context where the Respondent was undertaking the role in a relieving capacity, without sufficient guidance or training. An aggravating feature of that breach was that a reserve dog failed to obtain entry into the field as a result of her actions. That is not the case with the current breach.

Charges for failing to scratch before the deadline laid under Rule 62.1(o), are rare. This is because most breaches of a similar context are committed by trainers, and therefore are captured by the Minor Infringement process. It is only because of the fact that the Respondent committed the breach in her capacity as a Club Official that the negligence rule has been engaged. Considering all matters, we have determined that a fine at a level that is slightly above what a trainer would receive for a similar offence by way of a Minor Infringement is appropriate.

PENALTY

Mrs Hodson is fined $150.

Signed at Palmerston North this 4th day of March 2020.

Mr Tangi Utikere

Chairman

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