Counties RC – 21 March 2007 –

hearingid: 301621737507447b894e3aa3051e5cb0

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 21/03/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Counties RC - 21 March 2007 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Following race 10 an information was filed pursuant to Rule 304 when it was alleged by the informant, Racecourse Inspector J McKenzie that the defendant Mr D Dwyer committed a breach of rule 304

Following race 10 an information was filed pursuant to Rule 304 when it was alleged by the informant, Racecourse Inspector J McKenzie that the defendant Mr D Dwyer committed a breach of rule 304 in that being a licensed trainer he did elbow the plating inspector, Mr K Crampton, when he was officiating, in such a manner so as to commit a breach of misconduct.

Mr Dwyer denied the charge and further asked that, because of the serious nature of the charge that it be adjourned so that he could receive legal advice.

Mr McKenzie quoted rule 1118(1) which declined legal aid for race day enquiries and he further stated that, in his view, if the charge was one serious enough that it could not be heard on race day it would be in the hands of the police and not racing administration.

After due consideration the committee ruled that proceedings would continue.

Mr McKenzie said that at 5.20 pm he had been informed that the plating inspector had been struck in the stomach by Mr Dwyer while carrying out his duties. He outlined that he would be calling four witnesses to support his charges.

Mr Dwyer was told of his rights pertaining to this enquiry.

Plating inspector Mr K Crampton said that as well as inspecting the horses plates he also assisted Assistant Stipendary Steward M Williamson check the lead bags. This he had done when Mr Dwyer pushed between him and the horse and as he passed he, Crampton, received a really hard elbow in the stomach. He also let out an expletive. He said that he was 9-12 inches from the horse.

Mr J McClunie, assistant birdcage steward, said that while he did not see the incident he did hear the exclamation from Mr Crampton.

Mr C Bennett, brands inspector, saw Mr Dwyer come in contact with Mr Crampton by striking with his elbow.

Mr M Williamson, assistant Stipendary steward, said that from his view he saw Mr Crampton standing one foot away from the horse. He then saw Mr Dwyer pass through the gap and give Mr Crampton a side swipe with his elbow. He said he had a good view of the incident and saw Mr Crampton buckle from the impact.

In defence Mr Dwyer said that he was following his horse and after Mr Crampton had lifted the saddle cloth to check the lead bag he, Dwyer, had pulled the saddle cloth back down and then had brushed past Mr Crampton. He denied any intent of bodily contact or the uttering of any abuse.

Ms M Hackshaw, who was with Mr Dwyer, said that there was no way that the alleged offence could have taken place.

In summary Mr McKenzie felt that the evidence of his witnesses clearly showed that Mr Dwyer had breached rule 304 in an incident that had occurred sometime between 5.05 and 5.20 pm.

Mr Dwyer said that he was completely surprised by the accusations and felt that Mr Crampton had an axe to grind because of previous provocations.

DECISION: The committee has considered all of the evidence. Although some was conflicting there seems to be no doubt that bodily contact was made between Mr Crampton and Mr Dwyer who, in his words, brushed past Mr Crampton.

After taking all matters into account we prefer the evidence of Mr McKenzie. We therefore find Mr Dwyer guilty as charged.

PENALTY: Mr McKenzie gave the penalties as listed under rule 1003(1). He said that although this rule allowed for suspension or disqualification and/ or a fine he would be asking for a fine He submitted that a fine of $1000 should be the starting point with mitigating circumstances then taken into account.

He went on to speak of Mr Dwyer's very good record first of all in Harness racing and then in the Thoroughbred code.

Mr Dwyer had nothing to add.

The committee has taken into account Mr McKenzie's submissions. We agree that on this occasion a suspension or disqualification is not warranted and that a fine is sufficient.

After taking into account your good record in both codes, and in the hope that you can put today's actions behind you we impose a fine of $750.

D C Johnstone                                                             J Skinner

CHAIRMAN

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 1118.1, 1003.1

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

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: