Appeal New Zealand Greyhound Racing Association v MP Mann – Decision of Appeals Tribunal dated 5 November 2012
ID: JCA17774
Decision:
BEFORE THE APPEALS TRIBUNAL
IN THE MATTER of the Rules of the New Zealand Greyhound Racing Association
BETWEEN NEW ZEALAND GREYHOUND RACING ASSOCIATION
Appellant
AND MICHELLE PATRICIA MANN
Respondent
Appeals Tribunal: Bruce Squire QC (Chairman), Mr Tim Gresson
Date of Hearing: 5 November 2012
DECISION OF APPEALS TRIUBUNAL
1. On 12 September 2012, before a Judicial Committee duly constituted under the Rules of the New Zealand Greyhound Racing Association ("the Rules") the Respondent Ms Mann admitted a charge brought against her under Rule 88.1(w) of the Rules relating to oral statements she made to a Racecourse Inspector on 31 May 2012 and 14 June 2012 knowing the statements to be false and intended to mislead. As a result of her admission of the charge Ms Mann was disqualified for a period of three months and ordered to pay costs in the sum of $350 to the Judicial Control Authority. The period of disqualification imposed by the Judicial Committee was stated in its decision to be suspended for a period of 12 months. The Committee observed that the suspended disqualification meant that if Ms Mann departed from what it called the "directive" her Trainer’s license would be in jeopardy.
2. The Decision of the Judicial Committee to suspend the period of disqualification imposed followed its acceptance of a submission from the Chief Racing Investigator who appeared to prosecute the case that suspension of the period of disqualification would be an appropriate penalty in the circumstances.
3. On 21 September 2012 by Notice signed by its Counsel, the New Zealand Greyhound Racing Association lodged an Appeal against the penalty imposed by the Judicial Committee. The sole ground of appeal was that the Judicial Committee had no jurisdiction to suspend the period of disqualification in the manner it did.
4. On 26 September this Tribunal issued a Minute in which noting that the appeal involved a narrow issue as to jurisdiction it directed written submissions be provided by the Parties following receipt of which a decision would be made as to whether a hearing would be necessary. Subsequently on Thursday 27 September 2012 the Executive Officer of the Judicial Control Authority received a telephone call from Ms Mann’s husband who advised that Ms Mann would not be putting anything in writing despite the direction of the Tribunal and that she wished to address the Tribunal in person. The Tribunal considered that request and issued a Minute on 17 October 2012 directing the appeal be heard today at the Te Rapa Racecourse commencing at 11.30am.
5. At the hearing Mr Hodge for the Appellant repeated the grounds of appeal set out in his Notice previously filed. Mr Mann, who was representing Ms Mann, did not take issue with the submission made by Mr Hodge that the Judicial Committee had acted without jurisdiction in suspending the period of disqualification imposed upon Ms Mann. His concern, as he articulated it to the Tribunal, was that in the event the appeal was allowed the matter of penalty should be referred back to the Judicial Committee for reconsideration.
6. The Tribunal is satisfied that under the Rules the Judicial Committee did not have power to suspend the period of disqualification imposed upon Ms Mann and the appeal must be allowed. The decision of the Judicial Committee, including the order for costs made in favour of the Judicial Control Authority, is accordingly set aside under Rule 98.1. We accept the submission of Mr Hodge the appropriate course is for the matter of penalty to be referred back to the Judicial Committee for rehearing pursuant to Rule 98.2 and Order accordingly. In that way whatever mitigating factors which led the Judicial Committee to suspend the period of disqualification can be given effect to and Ms Mann’s right of appeal against the penalty imposed by the Judicial Committee will be preserved.
7. Given the circumstances which led to the necessity for this appeal being brought no order for costs is made. The Tribunal gave consideration to ordering Ms Mann make some contribution to the costs of the Judicial Control Authority in relation to the travel expenses of the Members of the Tribunal in attending the hearing when the only matter in issue raised by Mr Mann on her behalf was something the Appellant itself had urged as the appropriate course and which the Tribunal has adopted. That concern could have been conveyed by Mr Mann to the Tribunal in writing under the directions originally given thus eliminating the need for a hearing and the travel expenses incurred. However for the reasons referred to which have led to the appeal being brought the Tribunal decided not to make such an Order. In other circumstances an award of costs to the Judicial Control Authority would be appropriate.
DATED at Wellington this 5th day of November 2012.
___________________________ ________________________
Bruce Squire QC (Chairman) T M Gresson
Member
Penalty:
N/A
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.
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decisiondate: 30/10/2012
hearing_title: Appeal New Zealand Greyhound Racing Association v MP Mann - Decision of Appeals Tribunal dated 5 November 2012
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
BEFORE THE APPEALS TRIBUNAL
IN THE MATTER of the Rules of the New Zealand Greyhound Racing Association
BETWEEN NEW ZEALAND GREYHOUND RACING ASSOCIATION
Appellant
AND MICHELLE PATRICIA MANN
Respondent
Appeals Tribunal: Bruce Squire QC (Chairman), Mr Tim Gresson
Date of Hearing: 5 November 2012
DECISION OF APPEALS TRIUBUNAL
1. On 12 September 2012, before a Judicial Committee duly constituted under the Rules of the New Zealand Greyhound Racing Association ("the Rules") the Respondent Ms Mann admitted a charge brought against her under Rule 88.1(w) of the Rules relating to oral statements she made to a Racecourse Inspector on 31 May 2012 and 14 June 2012 knowing the statements to be false and intended to mislead. As a result of her admission of the charge Ms Mann was disqualified for a period of three months and ordered to pay costs in the sum of $350 to the Judicial Control Authority. The period of disqualification imposed by the Judicial Committee was stated in its decision to be suspended for a period of 12 months. The Committee observed that the suspended disqualification meant that if Ms Mann departed from what it called the "directive" her Trainer’s license would be in jeopardy.
2. The Decision of the Judicial Committee to suspend the period of disqualification imposed followed its acceptance of a submission from the Chief Racing Investigator who appeared to prosecute the case that suspension of the period of disqualification would be an appropriate penalty in the circumstances.
3. On 21 September 2012 by Notice signed by its Counsel, the New Zealand Greyhound Racing Association lodged an Appeal against the penalty imposed by the Judicial Committee. The sole ground of appeal was that the Judicial Committee had no jurisdiction to suspend the period of disqualification in the manner it did.
4. On 26 September this Tribunal issued a Minute in which noting that the appeal involved a narrow issue as to jurisdiction it directed written submissions be provided by the Parties following receipt of which a decision would be made as to whether a hearing would be necessary. Subsequently on Thursday 27 September 2012 the Executive Officer of the Judicial Control Authority received a telephone call from Ms Mann’s husband who advised that Ms Mann would not be putting anything in writing despite the direction of the Tribunal and that she wished to address the Tribunal in person. The Tribunal considered that request and issued a Minute on 17 October 2012 directing the appeal be heard today at the Te Rapa Racecourse commencing at 11.30am.
5. At the hearing Mr Hodge for the Appellant repeated the grounds of appeal set out in his Notice previously filed. Mr Mann, who was representing Ms Mann, did not take issue with the submission made by Mr Hodge that the Judicial Committee had acted without jurisdiction in suspending the period of disqualification imposed upon Ms Mann. His concern, as he articulated it to the Tribunal, was that in the event the appeal was allowed the matter of penalty should be referred back to the Judicial Committee for reconsideration.
6. The Tribunal is satisfied that under the Rules the Judicial Committee did not have power to suspend the period of disqualification imposed upon Ms Mann and the appeal must be allowed. The decision of the Judicial Committee, including the order for costs made in favour of the Judicial Control Authority, is accordingly set aside under Rule 98.1. We accept the submission of Mr Hodge the appropriate course is for the matter of penalty to be referred back to the Judicial Committee for rehearing pursuant to Rule 98.2 and Order accordingly. In that way whatever mitigating factors which led the Judicial Committee to suspend the period of disqualification can be given effect to and Ms Mann’s right of appeal against the penalty imposed by the Judicial Committee will be preserved.
7. Given the circumstances which led to the necessity for this appeal being brought no order for costs is made. The Tribunal gave consideration to ordering Ms Mann make some contribution to the costs of the Judicial Control Authority in relation to the travel expenses of the Members of the Tribunal in attending the hearing when the only matter in issue raised by Mr Mann on her behalf was something the Appellant itself had urged as the appropriate course and which the Tribunal has adopted. That concern could have been conveyed by Mr Mann to the Tribunal in writing under the directions originally given thus eliminating the need for a hearing and the travel expenses incurred. However for the reasons referred to which have led to the appeal being brought the Tribunal decided not to make such an Order. In other circumstances an award of costs to the Judicial Control Authority would be appropriate.
DATED at Wellington this 5th day of November 2012.
___________________________ ________________________
Bruce Squire QC (Chairman) T M Gresson
Member
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