Non Raceday Inquiry – NZTR v D M Flavell – 7 June 2010 – Decision

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hearing_title: Non Raceday Inquiry - NZTR v D M Flavell - 7 June 2010 - Decision

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Non Raceday Inquiry - NZTR v DM FLAVELL

7 June 2010 - Decision

Rules:  326(1), 404(2)

IN THE MATTER OF THE NEW ZEALAND RULES OF RACING BETWEEN:

INFORMANT:  STIPENDIARY STEWARD MR M WILLIAMSON

DEFENDANT:  Mr DM FLAVELL LICENSED TRAINER (CLASS A)

HEARING:  ELLERSLIE RACECOURSE, MONDAY, 7 JUNE 2010

ALSO PRESENT:  Mr J Oatham NZTR, Mr A Coles NZTR

JUDICIAL COMMITTEE:  A DOOLEY (Chairman) B TIMS (Committee Member)

INFORMATION No:  7661, Non Race Day Inquiry #10/49.

The Defendant Daniel Mark Flavell, appeared before the JCA on charges filed against him by the Informant, Mr M Williamson. The details of the charge are set out below and come pursuant to Information number 7661 and Rule 326(1), 404(2)

Mr Flavell, who appeared on his own behalf, acknowledged receipt of the documents relating to the charges. He informed the Committee he understood the nature of the charge and hearing. He admitted the breach of these charges. The Rules were read and Mr Flavell acknowledged he understood them.

Mr Williamson produced to the inquiry a written authority to file the information from the Chief Executive of NZTR, Mr M Holmes. This authority comes pursuant to Rule 903(2) (d).

The charge reads as follows:

THAT on or about the 12^th day of May 2010 you did submit electronically to the New Zealand Thoroughbred racing a stable return pursuant to Rule 326(1) of the New Zealand Rules of Racing advising that you were the trainer of the 2yo gelding Magic Ring(Ire)-Limoncello and that you had failed to ensure that you had correctly identified the said horse you were training AND THAT you are thereby liable to the penalty or penalties which may be imposed  upon you pursuant to the provisions of Rule 803 of the said Rules.

AND FURTHER you are charged,

THAT on the 18th day of May 2010, at the trials being conducted by the Avondale Jockey Club, under the New Zealand rules of racing in accordance with Rule 404(2), YOU DID, as the Trainer, present a horse a 2yo bay gelding ,Magic Ring(Ire)-Iskenderian to start in Trial No1, when you had notified the Avondale Jockey Club with an entry for the horse, a 2yo gelding Magic Ring(Ire)- Limoncello, AND THAT you failed to present the correct horse you did so enter, THEREBY YOU are in breach of the New Zealand Rules of Racing, AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to the provisions of Rule 803 of the said Rules.

SUMMARY OF FACTS:

On the 18^th May 2010 trials were conducted at the Avondale Jockey Club in accordance with the Third Appendix.

In Heat one a 2yo gelding Magic Ring (Ire)-Limoncello trained by Mr D Flavell was entered. Prior to the running of the trial all horses were presented for inspection and it was then discovered by NZTR officials that the 2yo gelding entered as Magic Ring (Ire)-Limoncello did not correspond with the data held by NZTR officials and a subsequent microchip reader and brands identified the horse as 2yo gelding Magic Ring(Ire)-Iskenderian;

Left Shoulder NL Right Shoulder22 over 7.

An explanation from the trainer confirmed that he had never inspected the horse to compare with the NZTR documentation when he tended stable return to NZTR on or about 12 May 2010.

A copy of that electronic stable return was obtained and it is noted that it refers to the breeding of the horse to be Magic Ring-Limoncello with brands recorded as Left Shoulder NL Right Shoulder 31 over 7.This form specifically requires the person submitting the stable return having inspected the horse for brands and markings to be consistent with the stable return.

Rule 326(1) states within seven days after any horse is taken or comes into the charge of a Trainer for the purpose of being trained the Trainer shall complete and forward to NZTR the form prescribed for that purpose by NZTR and in completing that form the Trainer must ensure that he has correctly identified the horse.

The omission, by Mr Flavell, to confirm identification creates a breach of the Rules, as set out in the first charge.

Inquiries by NZTR have established that both foals were bred by Mr M R Nicholson and despite the fact that he delivered a horse incorrectly identified to Mr Flavell, the onus of responsibility of training the correct horse was Mr Flavells and Mr Flavells alone.

For the information of the tribunal the 2yo gelding Magic Ring(Ire)-Limoncello is deceased.

In respect of the second charge

Rule 404(2) states A person shall not enter, accept, start or intend to start a horse in a Race or trial (including a jump-out or test for certification purposes) under a name other than its registered name or its recorded breeding details in the case of an unnamed horse that is entered for or starts in a trial.

It is a matter of record that the horse was entered by Mr Flavell for the Avondale trials was a 2yo gelding Magic Ring(Ire)-Limoncello. It is now established that horse presented at the said trials was a 2yo gelding Magic Ring(Ire)-Iskenderian.

The omission on the part of Mr Flavell to identify the horse he had in training with official identification data including brands and markings resulted in him bringing the wrong horse to the trials.

This is a breach of the trial regulations and hence a breach of the rules.

Both these breaches of the rules as outlined in the summary of facts above are liable to a penalty or penalties as provided for in Rule 803.

Mr Flavell when invited to comment on the breaches said it was an honest mistake he made. He admitted he did not check the brands of the horses when they arrived at his property or at any other time. He conceded he trusted his owner’s confirmation that they were in fact the correct horses.

PENALTY SUBMISSIONS:

Mr Williamson submitted there is an expected responsibility on ALL trainers to identify ALL horses that come under their care and control. He said this case was direct negligence on Mr Flavell’s part in supplying false information to NZTR when failing to check the brands of his horse which resulted in the wrong horse presented at the trials. He said Mr Flavell was fortunate he entered the horse for a trial and had not taken the 2yo directly to the races.  This was a dual case of negligence and NZTR submitted a fine is appropriate, and that such a fine should be no less than $1,000 in total.

Mr Flavell when invited to make submissions on penalty had nothing to say.

COSTS:

On the question of costs, NZTR and the Judicial Control Authority sought no costs as this hearing was held prior to a race meeting.

PENALTY:

The Committee carefully considered all evidence and submissions as presented.

Mitigating factors in this charge are Mr Flavell’s admission of the breach and his co operation with NZTR. We are satisfied there was no intent or malice on Mr Flavell’s part to deceive officials by presenting the wrong horse to an official trial meeting. This was really a case of a trainer neglecting his responsibilities in not inspecting the brands of his stable representative to ensure compliance. However it was still a case of gross negligence on the part of Mr Flavell, relying on his owner’s word. In this case if the mistaken identity of this horse had not been detected by NZTR Officials and indeed it had started and won the trial the consequences could have been far reaching. Integrity and public perception of the racing industry is paramount and this type of breach does nothing to enhance that.

After due consideration of all the above facts, we impose a fine of $500.00 under Rule 326(1) and a further $500.00 fine under Rule 404(2).  As this was held on a race day there will be no award of costs.

Adrian Dooley, Chairman                           Brian Tims, Committee Member

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