Non Raceday Inquiry RIU v C D Steele – Reserved Penalty Decision dated 15 October 2020 – Chair, Mr R G McKenzie

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hearing_title: Non Raceday Inquiry RIU v C D Steele - Reserved Penalty Decision dated 15 October 2020 - Chair, Mr R G McKenzie

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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. A6657

BETWEEN -PETER ROSS LAMB, Racing Investigator for the Racing Integrity Unit

Informant

AND-COREY DANIEL STEELE of Darfield, Licensed Public Trainer

Respondent

Judicial Committee:- Mr R G McKenzie (Chair)

Mr S C Ching

Present: Mr P R Lamb, the Informant

Mr C D Steele, the Respondent

Mr A McCook. Assisting Mr Steele

Mr S P Renault, Registrar

Date of Hearing:-8 October 2020

Date of Decision: -15 October 2020

RESERVED PENALTY DECISION OF JUDICIAL COMMITTEE

The Charge

[1]-Information No. A6657 alleges that, on the 18th day of September 2020, at the meeting of Christchurch Greyhound Racing Club held at Addington Raceway, Christchurch, the Respondent committed a breach of Rule 62.1(g) of the Rules of Racing of the New Zealand Greyhound Racing Association Incorporated in that he “threatened Scott Wallis, a Stipendiary Steward”.

[2]-Mr Lamb produced a letter dated 23 September 2020, signed by the General Manager of the Racing Integrity Unit, Mr M R Godber, authorising the filing of the Information pursuant to Rule 66.2(a).

[3]-The Information was served on the Respondent on 25 September 2020.

[4]-The hearing of the charge took place at Addington Raceway on 8 October 2020. Mr Steele was present at the hearing. The Charge and the Rule were read to him and he confirmed that he understood the Charge and the Rule and that the Charge was admitted.

[5]-The Charge was found proved.

The Rule

[6]-Rule 62.1 provides:

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

(g)-assaults, obstructs, impedes, abuses, threatens or insults the Board, any member of the Board, a Club, any member of a Club Committee, any Steward, any member of a Judicial Committee and any member of the Appeals Tribunal or any other official.-

Facts

[7]-Mr Lamb presented the following summary of facts:

1.-The respondent Corey Daniel Steele is a licenced trainer under the Rules of New Zealand Greyhound Racing Association. He is 24 years old and has held a Public Trainer’s licence for 12 months having been involved with the Industry for many years.

2.-At about 11.24 am on Friday 18th September 2020 at the Christchurch Greyhound Racing Club’s meeting at Addington Raceway, Mr Steele was leading a greyhound from the carpark to the kennelling block.

3.-He was approached and spoken to by Stipendiary Steward, Scott Wallis, in relation to a kennelling timing matter.

4.-In response to this conversation, Mr Steele was asked to go to the Stewards’ Room to finish the conversation.

5.-Mr Steele then become agitated and angry, telling Mr Wallis that he wouldn’t be going to the f......g Stewards’ Room.

6.-Mr Steele was then directed by Mr Wallis to go to the Stewards’ Room before the end of that day.

7.-Mr Steele repeated that he wouldn’t be f.....g going to the Stewards’ Room.

8.-At this point, the greyhound (on lead) that was walking between Mr Steele and Mr Wallis, jumped up and towards Mr Wallis, with the head of the greyhound contacting Mr Wallis in the chest. The greyhound was pushed down and away by Mr Wallis using his forearm.

9.-Mr Steele was clearly upset by this and reacted aggressively, in a loud clear voice telling Mr Wallis not to touch his f.....g greyhound. At the same time, Mr Steele changed hands with the lead and extended his right arm towards Mr Wallis in a threatening manner, whilst repeating to Mr Wallis not to touch his f.....g greyhound.

10.-At this stage, the greyhound jumped up a second occasion, without making contact with Mr Wallis.

11.-With his arm still pointing towards Mr Wallis, Mr Steele told Mr Wallis that if he was to touch the greyhound again then he would knock his f.....g block off.

12.-Mr Steele then went on to say that if Mr Wallis was to touch his f.....g greyhound again it would be the last f.....g thing that he did.

13.-Mr Steele was then further directed to report to the Stewards’ Room after his kennelling was completed.

14.-This outburst was loud enough to draw the attention of, and be witnessed by, several participants and raceday officials in the immediate vicinity. It was also captured on the Club’s security CCTV coverage.

15.-Mr Steele went to the Stewards’ Room a short time later and presented with a calm demeanour.

16.-He later sent a text to Mr Wallis apologising for his conduct.

17.-When spoken to several days later, Mr Steele said that he had a health issue that he was battling with and that things were getting on top of him. He had become upset and reacted to the actions of Mr Wallis.

18.-He acknowledged that his conduct at that time was unacceptable and he was remorseful for his actions.

19.-Mr Steele has two previous similar charges on his record for his behaviour towards Stewards, from 2018 and 2019.

[8]-Mr Steele told the Committee that he accepted the contents of the summary of facts as presented by Mr Lamb, except for where that summary stated that he had used obscene language to Mr Wallis prior to the greyhound jumping up on Mr Wallis, which he denied.

[9]-Mr Lamb then produced in evidence (“Exhibit A”) and showed to the hearing the video coverage of the incident that had been captured on closed circuit television. This footage was consistent with what was alleged in the summary of facts. It should be noted that, further to what was stated in the summary and by way of clarification, Mr Steele’s right arm was extended towards Mr Wallis for some 8 seconds. 

Submissions of the Respondent

[10]-Mr Steele explained that Mr Wallis had just spoken to trainer, Calum Weir, who was walking with a dog some 10-15 metres in front of Mr Steele. (It was more like 30 metres as shown on the CCTV footage). Mr Wallis had spoken to Mr Weir about being late for kennelling but did not require Mr Weir to report, Mr Steele said. Mr Wallis then approached him.

[11]-Mr Steele said, with reference to the video coverage, that Mr Wallis’ reaction to the dog jumping up on him was “aggressive”. Mr McCook added that, in his opinion, Mr Wallis’ reaction had been aggressive. Mr Wallis and he were just walking side-by-side without conversing until the dog jumped up on Mr Wallis, Mr Steele said. He had been upset by Mr Wallis approaching him about being late for kennelling although, he accepted, he was late but within the usual 5-minute grace period, he claimed.

[12] -In response to a question from the Committee as to whether it is common for a greyhound to jump up on a stranger, Mr Steele said that it depended on the nature of the dog. Some dogs were quite timid, he said. Mr McCook submitted that there had been no malice on the dog’s part and Mr Wallis’ reaction had been excessive.

[13]- Mr Steele said that, on the day in question, he had been parked in the stables carpark, and not in the adjoining stadium as normal. Mr Tony Music, the Secretary of the Club, normally gives notice prior to the raceday to park there as it is a longer walk to kennel the dogs. Mr Steele said that he arrived before kennelling and was doing the kennelling on his own, one dog at a time, he told us. He thought that he had left sufficient time, but accepts that he was “a few minutes late”. When approached by Mr Wallis, he said, he was made to feel uncomfortable by the way Mr Wallis had approached him, particularly as Mr Weir, in front of him, had been treated differently. Mr Wallis could have waited for him to kennel the dog before approaching him, he submitted.

[14]-Mr Steele then said that he encouraged his dogs to show and respond to affection. He said that he treats his dogs as though they were his children. When the dog jumped up towards Mr Wallis, Mr Steel said, he believed that Mr Wallis had “assaulted” the dog. He lost his cool very quickly, he said, and reacted in the manner he did. He proceeded to explain his state of mind at the time (details suppressed at Mr Steele’s request) by way of a reason for his behaving the way he did. He added that he was not comfortable with the way he had behaved. He now realises that there is a “support network” available to him and he is keen to seek all help and better himself. He is now on the Board of the Christchurch Greyhound Racing Club and is trying to conduct himself in an appropriate manner as a professional.

Penalty Submissions of the Informant

[15]-Mr Lamb presented the following written penalty submissions. These were taken as read by Mr Steele.

1-.-Mr Steele (24 years old) has been charged with a breach of Rule 62.1 (g) NZ Rules of Greyhound Racing, in that on the 18th September 2020 at the Christchurch Greyhound Racing Club’s meeting at Christchurch, he threatened Scott Wallis, a Stipendiary Steward. He has pleaded guilty to this matter. The facts of the matter are as per the Summary of Facts.

2. The penalty provisions that apply in this case are outlined in Rule 63.1:

Any person found guilty of an offence under these Rules shall be liable to:

(a) -a fine not exceeding $10,000.00 for any one (1) offence; except a luring/baiting offence under Rule 86; and/or

(b) -Suspension; and/or

(c)-Disqualification; and/or

(d)-Warning off.-

3. Sentencing Principles –

The four principles of sentencing can be summarised briefly

•- Penalties are designed to punish the offender for his/her wrongdoing. They are not retributive in the sense that the punishment is disproportionate to the offence but the offender must be met with a punishment.

•- In a racing context, it is extremely important that a penalty has the effect of deterring others from committing like offences.

•- A penalty should reflect the disapproval of the Judicial Control Authority for the type of behaviour in question.

•-The need to rehabilitate the offender should be taken into account.

All principles are particularly relevant here.

4.-Relevant Precedents -

The JCA guidelines on penalty (2015) for Greyhound Racing do not list a starting point for this offence. It can therefore be inferred that the starting point for this offence is ‘fact dependent’.

Two previous decisions by the JCA which have relevance and may offer some assistance are:

RIU v J Goode (31 May 2017 - Penalty Decision) GRNZ Licenced Trainer - Misconduct – Rule 88.1.(g) (now Rule 62.1(g). Abuses and threatens a Racing Steward. 1st offence. Defended.

In this matter, a heated dispute between Mr Goode and a Steward during a race meeting, Mr Goode was found to have raised his fists towards the Steward’s face and said “you are lucky I don’t whack you now”, along with using abusive and foul language.

Penalty - Licence Suspension 4 months.

In this decision the Committee note “Were we sentencing for these two misconduct breaches alone, the suspension would have been at least 6 months but we had regard to what is known as “the totality principle’”

The matter was part of a wider incident which involved other charges.

RIU v McPhee (6 December 2011) GRNZ Licenced person charged with threatening behaviour towards a Racing Investigator on a racecourse – Rule 88.1(g), now 62.1(g), 1st offence.

Defended – Penalty was 6 months Disqualification.

In this case, McPhee became involved in a dispute then proceeded to abuse and -threaten a Racing Investigator during a race meeting while the Investigator was undertaking his duties.

In each of these cases, all offending is the result of poor and unacceptable behaviour by the accused.

RIU believe that the Goode case is the most similar incident and with a relevant penalty.

5.-Aggravating Features –

(a)-Mr Steele has been involved in the greyhound racing industry for a number of years and knows the importance of conducting himself in a professional manner and maintaining integrity in racing.

(b)-Mr Steele has previously been charged with behavioural type offending in 2017 – Penalty 2018 (threatening language towards a Steward - fine $300) and 2019 (failing to comply with the lawful order of a Steward - fine $400). This latest offending demonstrates a continued pattern of behaviour which is unacceptable in this Industry.

(c) This matter before the Committee today involves a Steward going about his duties during a race meeting and being threatened by Mr Steele whilst the Steward is doing his job.

6.-Mitigating Factors -

(a)- -Remorse shown by way of a text apology to Mr Wallis soon after the incident;

(b)- His early admission of guilt by way of a guilty plea.

7.-Conclusions

It is expected that licenceholders will at all times act professionally and properly, this being one of the conditions upon which a licence is granted. Mr Steele’s behaviour on this occasion falls well short of that threshold.

Failing to comply with GRNZ Rules and Policies must be viewed seriously and any penalty must act as a deterrent for others.

The Racing Integrity Unit believes that this present offending, in isolation, sits in the mid-high range.

Mr Steele has twice previously committed breaches of similar NZGR rules in respect of misconduct/behavioural offending (2018 and 2019). The Racing Integrity Unit holds the view is that the cumulative effect of these previous breaches maintains this matter to mid-high range offending.

There are always consequences for actions and, as in this case, those consequences must increase as a result of continued and accumulative breaching of the industry rules.

8.-Penalty Recommendation

Based on the overall circumstances considered in this case, the RIU believes that a monetary fine would not be appropriate and seeks the Committee to consider a starting point of a 6-month suspension period of Mr Steele’s Trainers Licence.

9.-The RIU does not seek any costs in this matter.

[16]-Mr Steele was questioned by the Committee as to the effect that a term of suspension would have on him. He said that he would be affected financially, and he had no “back-up plan” following a possible suspension of his licence. He expressed a preference for a term of suspension as opposed to a fine. At this point, Mr Lamb explained to the Committee the effect of a suspension.

[17]-Mr Steel explained that his sole source of income is stake monies earned by his own dogs. He works for Mr and Mrs McCook in lieu of paying them board.

[18]-Mr Steele was asked by the Committee if he would be prepared to undergo some form of counselling should the Committee order that part of any period of suspension could be remitted following satisfactory completion of such counselling. (The Committee has since received a report from Dianna Young, AOD Clinician to the Racing Industry, recommending that Mr Steele attend three sessions with a Vitae counsellor for anger management and four sessions with Andrew McKerrow, Racing Chaplain for “encouragement, support, life direction and coaching”). Mr Steele said that he would be accepting that recommendation, regardless of whether or not it was part of the Committee’s penalty.

Reasons for Penalty

[19]-Mr Steele is a young man with an obvious love of greyhounds and a passion for Greyhound Racing. He is making a career for himself in the industry as an owner, trainer and administrator. His sole source of income, he tells us, is the stake monies earned by greyhounds owned by him. He boards with Licensed Trainer, Mrs Janine McCook, and her husband, Andy, and helps them out instead of paying for board.

[20]-Unfortunately, Mr Steele’s career has been interrupted by incidents, the present incident being his third, which suggest that he has an anger management problem and an issue with authority. Details of the two previous charges are referred to in the penalty submissions – para [13] 5 (b). The penalty submissions described those two previous charges and the present charge as demonstrating “a continued pattern of behaviour which is unacceptable in this Industry”. It is certainly of concern to this Committee that this is Mr Steele’s third charge involving misconduct / threatening behaviour since December 2017 and, in particular, the second charge involving threats of physical violence to a Stipendiary Steward.

[21]-Mr Steele impressed as being very remorseful and he expressed a strong desire to put such unacceptable behaviour behind him. He seemed to be very genuine in this desire.

[22]-In determining an appropriate penalty, the Committee has had regard to the usual principles of sentencing – to hold Mr Steele accountable for his offending, to promote in him a sense of responsibility for and an acknowledgement of that offending and the need to denounce his conduct. We have also taken into account the need to deter others from committing the same or a similar breach. Finally, we have taken into account the gravity of the offending and Mr Steele’s culpability. Both were high.

[23]-An assessment of a combination of those factors requires, we believe, a term of suspension of Mr Steele’s licence.

[24]-Having said that, just as important as punishing Mr Steele is the requirement to promote his rehabilitation. It is clear to us, that Mr Steele has a lot to offer the Greyhound Racing Industry and that he can become the type of young person that the industry needs going forward. We believe that Mr Steele’s recent offending, involving the three breaches referred to, has been caused by various factors and, further, that reoffending can be prevented by correctional interventions able to alter those factors.

[25]-Mr Steele expressed, during the hearing, a willingness to undertake counselling for anger management, and help by way of encouragement, support, life direction and coaching. Such willingness makes this Committee’s task of sentencing easier, and we are able to reflect our encouragement to him to undertake such help towards his rehabilitation in the sentence which we intend to impose.

[26]-The Committee believes that a term of suspension is a necessary penalty having regard to Mr Steele’s record and the severity of the offending involving, as it did, a threat of violence to Mr Wallis, Stipendiary Steward. We find that Mr Wallis was justified in repulsing the actions of the greyhound, that his reaction to that was not “aggressive” as alleged by Mr Steele and Mr McCook and that he did not, in any way, provoke the threat of violence and the verbal assault, both of which were without justification.

[27]-In deciding the appropriate term of suspension, we have also taken into account Mr Steele’s admission of the breach and his obvious remorse. He did apologise to Mr Wallis on raceday for his behaviour, which is to his credit.

Penalty

[28]-Mr Steele’s trainer’s licence is suspended for a period of six (6) months commencing on 24 October 2020 up to and including 23 April 2021. Should Mr Steele show to the satisfaction of this Committee that he has satisfactorily completed in a timely fashion the counselling recommended by Dianna Young, AOD Clinician to the Racing Industry, prior to 24 February 2021, the final two (2) months of the term of suspension shall be remitted, so that the term of suspension will end on that date, 24 February 2021.

Costs

[29]-The Informant did not seek an order for costs.

[30]-The matter was heard on a raceday and there will be no order for costs in favour of the Judicial Control Authority.

R G McKenzie

CHAIR

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