Non Race Day Inquiry – RIU v M G C Roberts- Decision Dated 15 November 2012
ID: JCA16387
Decision:
BEFORE THE JUDICIAL COMMITTEE
Mr J Phelan (Committee Member)
Robin Scott
Racing Investigator
Owner/Trainer Greyhound Racing New Zealand
308 Horndon Street, Darfield, Canterbury
1. Mr ROBERTS has his training establishment at 586 Telegraph Road, Burnham on his parent’s property.
He part owns and trains the registered Greyhound “ELKI”. The co- owners of “ELKI” is the Perfect Storm Syndicate.
2. “ELKI” was correctly nominated for race 13, the Culverden Hotel Sprint, a C1 race over 295 metres at Addington Raceway, Christchurch, on Friday the 14 September 2012.
else was involved. He as the trainer took full responsibility. He did not wish
the reserve sample to be analysed.
12. Mr Roberts has a TAB betting account. He placed a $2300.00 Fixed Odds bet on his dog, $1900 was from a winning bet the day before, $100 was on
behalf of a friend and $300 was on behalf of the other owner. Mr Roberts has a
pattern for large bets on his TAB account.
Penalty:
Mr Roberts admitted that he was aware of poppy seeds producing positive swabs for morphine as this information is well published within the greyhound racing industry. He was negligent to the extent that he did not ensure that clear instructions were given with regard to the feed to be given to his dog just prior to racing. He was negligent, albeit, at the lower end of the scale.
In setting penalty, the Committee is mindful that the integrity of greyhound racing is paramount. All licenced holders must be treated on equal terms, and any penalty must contain a deterrent element.
Mr Scott submitted that the penalty to be imposed for this offence should be consistent with that handed down to licensed greyhound trainer “McA” because of the striking similarity in the fact situation. The only significant difference in the fact situation is that in the “McA” case, there was no evidence of heavy betting on the dog in question. However, having said that, we treat the fact that Mr Roberts placed a heavy bet on the dog as a factor which is neither an aggravating or mitigating factor.
Thus, in the interests of consistency, we consider that a fine of $2,000 should be imposed and Mr Roberts is fined accordingly.
In accordance with Rule 87.4 as there is clear evidence that “ELKI” competed in a race, and was found to be the recipient of a prohibited substance, “ELKI” is accordingly disqualified from the Culverden Hotel Sprint C1 Race held at the Christchurch Greyhound Racing Club meeting on 14 September 2012.
All stake moneys shall be refunded to Greyhound Racing New Zealand for payment in accordance with the placings which are subsequently amended.
Costs in the sum of $350 are awarded in favour of the Judicial Control Authority
K G HALES
Chairman
15 November 2012
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 30/10/2012
Publish Date: 30/10/2012
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.
hearingid: acfc58f3560dc42340ad60cb1a61db48
informantnumber: A5505 and A5507
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decisiondate: 30/10/2012
hearing_title: Non Race Day Inquiry - RIU v M G C Roberts- Decision Dated 15 November 2012
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
BEFORE THE JUDICIAL COMMITTEE
Mr J Phelan (Committee Member)
Robin Scott
Racing Investigator
Owner/Trainer Greyhound Racing New Zealand
308 Horndon Street, Darfield, Canterbury
1. Mr ROBERTS has his training establishment at 586 Telegraph Road, Burnham on his parent’s property.
He part owns and trains the registered Greyhound “ELKI”. The co- owners of “ELKI” is the Perfect Storm Syndicate.
2. “ELKI” was correctly nominated for race 13, the Culverden Hotel Sprint, a C1 race over 295 metres at Addington Raceway, Christchurch, on Friday the 14 September 2012.
else was involved. He as the trainer took full responsibility. He did not wish
the reserve sample to be analysed.
12. Mr Roberts has a TAB betting account. He placed a $2300.00 Fixed Odds bet on his dog, $1900 was from a winning bet the day before, $100 was on
behalf of a friend and $300 was on behalf of the other owner. Mr Roberts has a
pattern for large bets on his TAB account.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
Mr Roberts admitted that he was aware of poppy seeds producing positive swabs for morphine as this information is well published within the greyhound racing industry. He was negligent to the extent that he did not ensure that clear instructions were given with regard to the feed to be given to his dog just prior to racing. He was negligent, albeit, at the lower end of the scale.
In setting penalty, the Committee is mindful that the integrity of greyhound racing is paramount. All licenced holders must be treated on equal terms, and any penalty must contain a deterrent element.
Mr Scott submitted that the penalty to be imposed for this offence should be consistent with that handed down to licensed greyhound trainer “McA” because of the striking similarity in the fact situation. The only significant difference in the fact situation is that in the “McA” case, there was no evidence of heavy betting on the dog in question. However, having said that, we treat the fact that Mr Roberts placed a heavy bet on the dog as a factor which is neither an aggravating or mitigating factor.
Thus, in the interests of consistency, we consider that a fine of $2,000 should be imposed and Mr Roberts is fined accordingly.
In accordance with Rule 87.4 as there is clear evidence that “ELKI” competed in a race, and was found to be the recipient of a prohibited substance, “ELKI” is accordingly disqualified from the Culverden Hotel Sprint C1 Race held at the Christchurch Greyhound Racing Club meeting on 14 September 2012.
All stake moneys shall be refunded to Greyhound Racing New Zealand for payment in accordance with the placings which are subsequently amended.
Costs in the sum of $350 are awarded in favour of the Judicial Control Authority
K G HALES
Chairman
15 November 2012
hearing_type: Non-race day
Rules: 87.1, 87.3,87.4
Informant: Mr R Scott- Racecourse Investigator
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent: Mr M G C Roberts - Licensed Owner/Trainer
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