Non Raceday Inquiry RIU v J McInerney – Decision and Reasons of Judicial Committee dated 14 August 2014
ID: JCA13375
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of the Rules of New Zealand Greyhound Racing Association
IN THE MATTER of Information No. A6312
BETWEEN J M McLAUGHLIN, Stipendiary Steward for the Racing Integrity Unit
Informant
AND JONATHON McINERNEY of Darfield, Licensed Person
Respondent
Judicial Committee: R G McKenzie, Chairman - S C Ching, Panelist
Present: Mr J M McLaughlin, the Informant
Mr J McInerney jnr, the Respondent
Kirsty Taylor, in support of Mr McInerney
Mr N G McIntyre, Registrar
Date of Hearing: 23 July 2014
Date of Decision: 14 August 2014
DECISION AND REASONS OF JUDICIAL COMMITTEE
The Charge
[1] Information No.A6312 alleges that at the meeting of Christchurch Greyhound Racing Club at Addington on 27 June 2014 Mr McInerney committed a breach of Rule 88.1.p in that he “failed to obey a directive of a Steward when directed to come to the Stewards’ Room he chose to trial dogs. Mr Quirk (Stipendiary Steward) directed Mr McInerney to come to the Stewards’ Room at 3.20pm. Mr McInerney was informed earlier at 2.20pm to appear at the Stewards’ Room. Mr McInerney appeared at 4.15pm”.
[2] The information was served on Mr McInerney on the day of the meeting. Mr McInerney signed the Statement by the Respondent at the foot of the Information indicating that he did not admit the breach of the Rule.
The Rule
[3] Rule 88 of the Rules of New Zealand Greyhound Racing Association provides as follows:
88.1 Any person (including an Official) commits an offence if he/she:
(p) disobeys or fails to comply with the lawful order of a Steward or other Person having Official duties in relation to Greyhound racing.
The Plea
[4] The above charge and Rule were read to Mr McInerney and he indicated that he denied the charge.
Evidence of the Informant
[5] Mr McLaughlin presented the following statement to the hearing:
“After reviewing the DVD footage of Race 8 (run at 2.10pm) Stewards observed an improper act and I asked Mr R Quirk (Stipendiary Steward) to inform Mr J McInerney that he was to come to see me.
This was done in the presence of Mr D Mathieson (Club Veterinarian) at 2.20pm.
Prior to the last race, I instructed Mr R Quirk to direct Mr McInerney to come to the Stewards’ Room immediately following the last race. This direction was delivered prior to the last race. Mr McInerney did not handle or catch in Race 12 at 3.20pm.
Mr J T McInerney had ANOTHER COVER representing his kennel in Race 12. DVD coverage shows Mr M Kennedy handled and caught the greyhound in that race.
Mr McInerney came to the Stewards` Room at approximately 4.15pm, some 55 minutes after the last race, and 1 hour 55 minutes after the initial request from Mr Quirk and some 55 minutes after being directed to come to the Stewards’ Room.
Mr McInerney trialled 18 greyhounds after the last race before availing himself to the Stewards. Stewards deem this to be totally unacceptable. After being asked to come to the Stewards’ Room some 1 hour 55 minutes earlier, he chose to disregard a directive prior to the last race at 3.20pm and trial 18 greyhounds from J T McInerney’s kennels prior to coming to the Stewards’ Room.
There were other representatives from the J T McInerney kennels capable of handling dogs thus allowing Mr McInerney to present himself to the Stewards as directed.”
[6] Stipendiary Steward, Mr R A Quirk, read a statement of his evidence to the hearing:
“On Friday, 27 June 2014, I was Assistant Steward at the Christchurch GRC meeting run at Addington. The Steward in charge on that day was Mr Jeff McLaughlin.
Following Race 8 at approximately 2.20pm, Mr McLaughlin asked me to inform handler, Mr McInerney, that he was required in the Stewards’ Room. I went to the kennel block and found Mr McInerney in the vet room where he was strapping a dog. The only other person in the room was vet, Mr Dave Mathieson. I told Mr McInerney that he was required in the Steward’s Room. He asked me if I was talking to him and I replied that I was.
At approximately 3.20pm, when the last race was about to be run, Mr McInerney had not turned up and Mr McLaughlin asked me to find him and get him to come back to the room as soon as possible. I went to the kennel block and Mr McInerney was lined up with two dogs awaiting trialling, which was to be held straight after the races. I told Mr McInerney that as soon as he trialled those two dogs he must attend the Stewards’ Room otherwise he would be charged. He said that he was still working and I repeated my request. This was heard by a number of people who were also waiting to trial.
At approximately 3.50pm, Mr McInerney still hadn’t appeared and I went back to the kennel block to pick up the day’s swabs. I passed Mr McInerney on the way over as he was going to trial another two dogs. I asked him how many times would he continue to ignore our requests for him to attend the room. He said he was still working. I noted that two other staff members were trialling their dogs.
At about 4.15pm, Mr McInerney arrived at the Stewards’ Room after all of his dogs had been trialled.”
[7] Mr McLaughlin submitted that Mr McInerney’s conduct had been totally unacceptable. He had been given every opportunity but he had kept the Stewards 55 minutes after the last race after the initial request was made at 2.20pm. He was asked again at 3.20pm and could have seen the Stewards after he had trialled those two dogs but he continued to trial a total of 18 dogs. He had ample staff there to enable him to get to the Stewards’ Room earlier than he did.
Evidence of the Respondent
[8] Mr McInerney said that the trials were booked and paid for at approximately 11am that day. There is only one hour available after the last race and there were 54 dogs booked to trial within that hour.
[9] Mr McInerney accepted that he had been requested by Mr Quirk to attend the Stewards’ Room “during the day”. However, there was no time specified. He was unaware of the reason but Mr Quirk would not tell him, he said. He explained to Mr Quirk that he had trials that had been booked and paid for. Another vehicle had arrived on track with another 18 dogs. He could not leave those to other staff members. He said that tried to explain this to Mr Quirk but he would not listen.
[10] Mr McInerney explained his obligations in relation to the trialling greyhounds in a written statement produced to the Committee. He said:
“I am responsible for these dogs when they are at trials. They have to be sorted out into pairs that can go together i.e. they are at the same stage of being broken in. After I have paired up the dogs, I then have to wait in line and then when it is my turn I walk out on the track with them to trial them. Whilst the dogs run round, I have to watch how they are running e.g. are they running well, do they corner ok, did it jump better than last week etc. There are also sectionals and times displayed for each trial on the board.
It is my job and responsibility to ensure that these times are correctly noted, results and comments made next to each dog so the progress for each individual dog can be followed. Owners are charged for and pay for trials for their dogs, so they expect the job to be done properly.”
[10] He had handled dogs in Races 9, 10 and 11 so was busy at all stages except for Race 12. After Race 11, he had given the dog that had run in that race a drink and attended to him. By that time, the other 18 dogs had arrived. He was expected by his employer to be in control of those 18 dogs. He had no time to attend the Stewards Room, he said. Had he done so, he would not have had time to trial all 18 dogs. He attended the Stewards’ Room as soon as he had fulfilled his job in trialling the 18 greyhounds.
[11] Mr McLaughlin said, at this point in the hearing, that when Mr McInerney did eventually appear in the Stewards’ Room, the discussion took only a little more that 9 minutes.
Reasons for Decision
[12] The facts in this case are clear and are not disputed by Mr McInerney.
[13] Mr McInerney was advised by Mr Quirk, Stipendiary Steward, at approximately 2.20pm that Mr McLaughlin required his presence in the Stewards’ Room.
[14] At approximately 3.20pm, Mr McInerney had still not reported. Mr Quirk spoke to him in the kennel block At that time and directed that he was to report to Mr McLaughlin immediately he had trialled the two dogs that were about to trial. Mr Quirk warned Mr McInerney that he was liable to be charged if he failed to report as directed.
[15] Mr McInerney finally reported to the Stewards’ Room at approximately 4.15pm.
[16] Mr McInerney’s defence to the charge of disobeying or failing to comply with the lawful order of a Steward was that he had not attended because he was busy during the remainder of the race meeting and after the race meeting when he had to oversee the trialling of 18 greyhounds for his employer. He argued that none of the staff were capable of doing this and he had to do it personally.
[17] To prove a breach of the Rule, the Informant needs to establish three things:
(i) That there has been a lawful order of a Steward;
(ii) That such order has been communicated; and
(iii) That there has been disobedience or failure to comply.
[18] The powers of the Stewards are contained in Rule 38 of the Greyhound Racing New Zealand Rules of Racing. Rule 38.3 provides:
Subject to these Rules . . . the Stewards shall have the power to control and regulate the Meeting and without prejudice to the generality of that power shall have further powers to:
a. inquire into any matter or thing in connection with a Meeting under their control;
b. require the attendance and giving of evidence by any Person who is subject to these Rules or who, in the opinion of the Stewards, may have knowledge of any of the matters which are the subject of a charge or an objection under these Rules.
[19] After the running of Race 8, the Stewards elected to investigate a possible of a breach of the Rules by Mr McInerney and, to enable them to investigate the matter, they required Mr McInerney to attend the Stewards’ Room for questioning in relation to the matter. This was within the powers of the Stewards under Rule 38.3 a & b (see above). We are satisfied that the order that Mr McInerney appear before the Stewards in relation to the matter was a “lawful order”.
[20] We find as a fact that the order was communicated to Mr McInerney.
[21] We further find that Mr McInerney did disobey or fail to comply with the lawful order of the Stewards. We are not persuaded by Mr McInerney’s defence that he had other duties that he needed to attend to. The need for the Stewards to be able to efficiently carry out their raceday duties must take precedence. This is essential to ensure the smooth functioning of a race meeting.
[22] The Committee is, therefore, satisfied that there was a lawful order of the Stewards, that such order was clearly communicated to and understood by Mr McInerney and, finally, that Mr McInerney has disobeyed or failed to comply with such lawful order.
Decision:
[23] The charge is found proved.
Penalty and Costs
[24] The Committee invites the parties to file written submissions in relation to penalty and costs. The Informant shall have 5 working days from the date of this decision for such purpose and the Respondent shall have a further 5 working days from the date of receipt of the Informant’s decisions to file his submissions. Such submissions are to be filed with the Executive Officer of the Judicial Control Authority.
R G McKENZIE S C CHING
Chairman Panelist
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 18/08/2014
Publish Date: 18/08/2014
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
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: 18/08/2014
hearing_title: Non Raceday Inquiry RIU v J McInerney - Decision and Reasons of Judicial Committee dated 14 August 2014
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Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of the Rules of New Zealand Greyhound Racing Association
IN THE MATTER of Information No. A6312
BETWEEN J M McLAUGHLIN, Stipendiary Steward for the Racing Integrity Unit
Informant
AND JONATHON McINERNEY of Darfield, Licensed Person
Respondent
Judicial Committee: R G McKenzie, Chairman - S C Ching, Panelist
Present: Mr J M McLaughlin, the Informant
Mr J McInerney jnr, the Respondent
Kirsty Taylor, in support of Mr McInerney
Mr N G McIntyre, Registrar
Date of Hearing: 23 July 2014
Date of Decision: 14 August 2014
DECISION AND REASONS OF JUDICIAL COMMITTEE
The Charge
[1] Information No.A6312 alleges that at the meeting of Christchurch Greyhound Racing Club at Addington on 27 June 2014 Mr McInerney committed a breach of Rule 88.1.p in that he “failed to obey a directive of a Steward when directed to come to the Stewards’ Room he chose to trial dogs. Mr Quirk (Stipendiary Steward) directed Mr McInerney to come to the Stewards’ Room at 3.20pm. Mr McInerney was informed earlier at 2.20pm to appear at the Stewards’ Room. Mr McInerney appeared at 4.15pm”.
[2] The information was served on Mr McInerney on the day of the meeting. Mr McInerney signed the Statement by the Respondent at the foot of the Information indicating that he did not admit the breach of the Rule.
The Rule
[3] Rule 88 of the Rules of New Zealand Greyhound Racing Association provides as follows:
88.1 Any person (including an Official) commits an offence if he/she:
(p) disobeys or fails to comply with the lawful order of a Steward or other Person having Official duties in relation to Greyhound racing.
The Plea
[4] The above charge and Rule were read to Mr McInerney and he indicated that he denied the charge.
Evidence of the Informant
[5] Mr McLaughlin presented the following statement to the hearing:
“After reviewing the DVD footage of Race 8 (run at 2.10pm) Stewards observed an improper act and I asked Mr R Quirk (Stipendiary Steward) to inform Mr J McInerney that he was to come to see me.
This was done in the presence of Mr D Mathieson (Club Veterinarian) at 2.20pm.
Prior to the last race, I instructed Mr R Quirk to direct Mr McInerney to come to the Stewards’ Room immediately following the last race. This direction was delivered prior to the last race. Mr McInerney did not handle or catch in Race 12 at 3.20pm.
Mr J T McInerney had ANOTHER COVER representing his kennel in Race 12. DVD coverage shows Mr M Kennedy handled and caught the greyhound in that race.
Mr McInerney came to the Stewards` Room at approximately 4.15pm, some 55 minutes after the last race, and 1 hour 55 minutes after the initial request from Mr Quirk and some 55 minutes after being directed to come to the Stewards’ Room.
Mr McInerney trialled 18 greyhounds after the last race before availing himself to the Stewards. Stewards deem this to be totally unacceptable. After being asked to come to the Stewards’ Room some 1 hour 55 minutes earlier, he chose to disregard a directive prior to the last race at 3.20pm and trial 18 greyhounds from J T McInerney’s kennels prior to coming to the Stewards’ Room.
There were other representatives from the J T McInerney kennels capable of handling dogs thus allowing Mr McInerney to present himself to the Stewards as directed.”
[6] Stipendiary Steward, Mr R A Quirk, read a statement of his evidence to the hearing:
“On Friday, 27 June 2014, I was Assistant Steward at the Christchurch GRC meeting run at Addington. The Steward in charge on that day was Mr Jeff McLaughlin.
Following Race 8 at approximately 2.20pm, Mr McLaughlin asked me to inform handler, Mr McInerney, that he was required in the Stewards’ Room. I went to the kennel block and found Mr McInerney in the vet room where he was strapping a dog. The only other person in the room was vet, Mr Dave Mathieson. I told Mr McInerney that he was required in the Steward’s Room. He asked me if I was talking to him and I replied that I was.
At approximately 3.20pm, when the last race was about to be run, Mr McInerney had not turned up and Mr McLaughlin asked me to find him and get him to come back to the room as soon as possible. I went to the kennel block and Mr McInerney was lined up with two dogs awaiting trialling, which was to be held straight after the races. I told Mr McInerney that as soon as he trialled those two dogs he must attend the Stewards’ Room otherwise he would be charged. He said that he was still working and I repeated my request. This was heard by a number of people who were also waiting to trial.
At approximately 3.50pm, Mr McInerney still hadn’t appeared and I went back to the kennel block to pick up the day’s swabs. I passed Mr McInerney on the way over as he was going to trial another two dogs. I asked him how many times would he continue to ignore our requests for him to attend the room. He said he was still working. I noted that two other staff members were trialling their dogs.
At about 4.15pm, Mr McInerney arrived at the Stewards’ Room after all of his dogs had been trialled.”
[7] Mr McLaughlin submitted that Mr McInerney’s conduct had been totally unacceptable. He had been given every opportunity but he had kept the Stewards 55 minutes after the last race after the initial request was made at 2.20pm. He was asked again at 3.20pm and could have seen the Stewards after he had trialled those two dogs but he continued to trial a total of 18 dogs. He had ample staff there to enable him to get to the Stewards’ Room earlier than he did.
Evidence of the Respondent
[8] Mr McInerney said that the trials were booked and paid for at approximately 11am that day. There is only one hour available after the last race and there were 54 dogs booked to trial within that hour.
[9] Mr McInerney accepted that he had been requested by Mr Quirk to attend the Stewards’ Room “during the day”. However, there was no time specified. He was unaware of the reason but Mr Quirk would not tell him, he said. He explained to Mr Quirk that he had trials that had been booked and paid for. Another vehicle had arrived on track with another 18 dogs. He could not leave those to other staff members. He said that tried to explain this to Mr Quirk but he would not listen.
[10] Mr McInerney explained his obligations in relation to the trialling greyhounds in a written statement produced to the Committee. He said:
“I am responsible for these dogs when they are at trials. They have to be sorted out into pairs that can go together i.e. they are at the same stage of being broken in. After I have paired up the dogs, I then have to wait in line and then when it is my turn I walk out on the track with them to trial them. Whilst the dogs run round, I have to watch how they are running e.g. are they running well, do they corner ok, did it jump better than last week etc. There are also sectionals and times displayed for each trial on the board.
It is my job and responsibility to ensure that these times are correctly noted, results and comments made next to each dog so the progress for each individual dog can be followed. Owners are charged for and pay for trials for their dogs, so they expect the job to be done properly.”
[10] He had handled dogs in Races 9, 10 and 11 so was busy at all stages except for Race 12. After Race 11, he had given the dog that had run in that race a drink and attended to him. By that time, the other 18 dogs had arrived. He was expected by his employer to be in control of those 18 dogs. He had no time to attend the Stewards Room, he said. Had he done so, he would not have had time to trial all 18 dogs. He attended the Stewards’ Room as soon as he had fulfilled his job in trialling the 18 greyhounds.
[11] Mr McLaughlin said, at this point in the hearing, that when Mr McInerney did eventually appear in the Stewards’ Room, the discussion took only a little more that 9 minutes.
Reasons for Decision
[12] The facts in this case are clear and are not disputed by Mr McInerney.
[13] Mr McInerney was advised by Mr Quirk, Stipendiary Steward, at approximately 2.20pm that Mr McLaughlin required his presence in the Stewards’ Room.
[14] At approximately 3.20pm, Mr McInerney had still not reported. Mr Quirk spoke to him in the kennel block At that time and directed that he was to report to Mr McLaughlin immediately he had trialled the two dogs that were about to trial. Mr Quirk warned Mr McInerney that he was liable to be charged if he failed to report as directed.
[15] Mr McInerney finally reported to the Stewards’ Room at approximately 4.15pm.
[16] Mr McInerney’s defence to the charge of disobeying or failing to comply with the lawful order of a Steward was that he had not attended because he was busy during the remainder of the race meeting and after the race meeting when he had to oversee the trialling of 18 greyhounds for his employer. He argued that none of the staff were capable of doing this and he had to do it personally.
[17] To prove a breach of the Rule, the Informant needs to establish three things:
(i) That there has been a lawful order of a Steward;
(ii) That such order has been communicated; and
(iii) That there has been disobedience or failure to comply.
[18] The powers of the Stewards are contained in Rule 38 of the Greyhound Racing New Zealand Rules of Racing. Rule 38.3 provides:
Subject to these Rules . . . the Stewards shall have the power to control and regulate the Meeting and without prejudice to the generality of that power shall have further powers to:
a. inquire into any matter or thing in connection with a Meeting under their control;
b. require the attendance and giving of evidence by any Person who is subject to these Rules or who, in the opinion of the Stewards, may have knowledge of any of the matters which are the subject of a charge or an objection under these Rules.
[19] After the running of Race 8, the Stewards elected to investigate a possible of a breach of the Rules by Mr McInerney and, to enable them to investigate the matter, they required Mr McInerney to attend the Stewards’ Room for questioning in relation to the matter. This was within the powers of the Stewards under Rule 38.3 a & b (see above). We are satisfied that the order that Mr McInerney appear before the Stewards in relation to the matter was a “lawful order”.
[20] We find as a fact that the order was communicated to Mr McInerney.
[21] We further find that Mr McInerney did disobey or fail to comply with the lawful order of the Stewards. We are not persuaded by Mr McInerney’s defence that he had other duties that he needed to attend to. The need for the Stewards to be able to efficiently carry out their raceday duties must take precedence. This is essential to ensure the smooth functioning of a race meeting.
[22] The Committee is, therefore, satisfied that there was a lawful order of the Stewards, that such order was clearly communicated to and understood by Mr McInerney and, finally, that Mr McInerney has disobeyed or failed to comply with such lawful order.
Decision:
[23] The charge is found proved.
Penalty and Costs
[24] The Committee invites the parties to file written submissions in relation to penalty and costs. The Informant shall have 5 working days from the date of this decision for such purpose and the Respondent shall have a further 5 working days from the date of receipt of the Informant’s decisions to file his submissions. Such submissions are to be filed with the Executive Officer of the Judicial Control Authority.
R G McKENZIE S C CHING
Chairman Panelist
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