Non Raceday Inquiry RIU v L Molloy – Amended Decision dated 23 May 2013

hearingid: 914d2b1d758d1d250cc1c0c8b875ad85

informantnumber: A4884

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea:

penaltyrequired:

decisiondate: 07/05/2013

hearing_title: Non Raceday Inquiry RIU v L Molloy - Amended Decision dated 23 May 2013

charge:

facts:

appealdecision: NO LINKED APPEAL DECISION

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

BEFORE A JUDICIAL COMMITTEE OF THE
JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003

IN THE MATTER of the New Zealand Thoroughbred
Rules of Racing

RACING INTEGRITY UNIT
INFORMANT

LEO MOLLOY, Licensed Trainer
DEFENDANT

Judicial Committee: Murray McKechnie, Chairman & Jeff Holloway, member
Present: Mr Murray Branch, counsel for Racing Integrity Unit,Mr Ross Neal, Stipendiary Steward, Mr Leo Molloy, Licensed Trainer

AMENDED DECISION OF JUDICIAL COMMITTEE DATED THIS 23 DAY OF MAY 2013

1. The Committee issued a decision dated the 7 day of May 2013. Advice has now been received from Mr Branch counsel for RIU and from Mr Molloy that incorrectly numbered informations are referred to in paragraphs 2.3 and 3.1 of the decision. The Committee is advised that the informations to which Mr Molloy agreed to plead guilty were not those referred to in the decision. The Committee has now been provided with copies of the informations to which it was agreed guilty pleas would be entered. These are set out as follows:

Paragraph 2.3 of the decision of the 7 May 2013 now to be as follows:
Many of the postings on Race Café which were the subject of the informations made reference to the Chief Executive of New Zealand Thoroughbred Racing Mr Greg Purcell. The three (3) informations to which Mr Molloy indicated guilty pleas under Rule 340 are as follows:

No 15.
Date Comment 11/12/2011
“What a shabby piece of work he is.”

“This useless Purcell, he who can’t write an annual report, he who doesn’t comprehend the laws under which we operate, he who was in charge of a one many company that had no work before he scored this job, he who will not produce his CV for scrutiny, he who cannot or will not name the 90 horses he says he has raced….he is just a vile piece or work who brings shame and humiliation to NZTR and the industry”.

“Shame, shame, shame. Learned persons other than me will suggest, metaphorically speaking, that this pig is buried very, very, deep in our trough, best someone gets the dogs out.”
No 16.
Date Comment 12/12/2011

“If Purcell hasn’t had time to think about this we might be able to help (how could he, airline food and liquor has to be consumed 24/7 as you flit around the globe, then there’s the escargot in gay Paris, and the Yum Cha in Hong Kong, and more airline food as you to and fro across the equator, up and down the island twisting the truth as you go).”

“….What say you RV, you big strong powerful racing authority, will you just roll over and let the short wheel based walking barrel of airline food hijack your prime time race starting times? Aaaaahhhhhhhh Purcy, you intellectual lightweight, you don’t seriously think you’ll get this over the line do you?”
No 31.
Date Comment 24/04/2012

“….the fat little pie eating prick who couldn’t find work in his own country is “repositioning” us all. I don’t quite know how many of us are being “repositioned into the shitter but if the pulse I’m feeling is accurate there’s going to be more in there than out”.

2. When the informations were laid against Mr Molloy the Committee was provided with a booklet which set out each information on a separate numbered page. The booklet had the informations set out at paragraph 2.3 of the decision of the 7 May at pages 15, 16 & 31 respectively. The informations which we are now advised that Mr Molloy agreed to plead guilty to were wrongly set out in the booklet as follows:

The information now said to be No 15 was No 14 in the booklet. The information said to be No 16 was No 15 in the booklet and the information said to be No 31 was No 30 in the booklet. It can be seen that the Committee was inadvertently misled.

3. The decision of the 7 May 2013 is amended so as to record that the pleas of guilty are entered to the informations 15, 16 & 31 as those are now set out in paragraph 1 above rather than as they are set out in paragraph 2.3 of that original decision of 7 May.

4. This situation has come about entirely because the material provided to the Judicial Committee was not accurate. It would have been of real assistance to the Committee if copies of the informations to which the guilty pleas were to be entered had been furnished with the consent memorandum signed by Messrs Branch and Molloy and dated the 30 April this year. The Committee had no reason to believe that the informations set out in the booklet were not correctly numbered.

5. The Judicial Committee has an express power to amend decisions: refer Rule 922.

6. The Registrar of the JCA has been directed to recall the original decision of the 7 May 2013. That has been done. That original decision can be republished with amendments to paragraphs 2.3 and 3.1 to reflect what is said here.

Dated this 23 day of May 2013

_________________________________
Murray McKechnie
Chairman
Signed pursuant to Rule 920(4)(a)

sumissionsforpenalty:

reasonsforpenalty:

penalty:

n/a

hearing_type: Non-race day

Rules: 340

Informant: Mr R Carmichael - Racing Integrity Unit

JockeysandTrainer:

Otherperson:

PersonPresent: Mr M Branch - Counsel for Racing Integrity Unit, Mr R Neal - Co-Chief Stipendiary Steward

Respondent: Mr L Molloy - Licensed Trainer

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: