Appeal L Innes v RIU – Decision dated 11 October 2013

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hearing_title: Appeal L Innes v RIU - Decision dated 11 October 2013

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Decision:

BEFORE THE APPEALS TRIBUNAL OF THE JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

IN THE MATTER of the New Zealand Rules of Racing

BETWEEN LEITH INNES

Applicant

AND Racing Integrity Unit (RIU)

Respondent

Appeals Tribunal: Prof G Hall, Chairman - Mr R Seabrook, Member

Appearing: The applicant in person, with the assistance of Mr A Castles -Mr M Williamson for the respondent

DECISION OF APPEALS TRIBUNAL

[1] Mr Innes has by letter dated 8 October appealed against a five day suspension handed down at the Avondale race meeting on 7 October last.

[2] The appeal was heard by way of a telephone conference this afternoon.

[3] Mr Castles spoke on Mr Innes’ behalf and explained that the purpose of the appeal was not to challenge the five-day suspension, which the respondent accepted was appropriate, but to seek an alteration to the commencement date of the suspension from Sunday 13 October to Friday 11 October. The respondent explained that he had not accepted rides for Saturday 12 October and thus was not seeking to be released from any rides.

[4] The respondent stated that the deferment had been sought on raceday as he was intending to ride Mufasa in Melbourne on 12 October. However, the horse pulled up sore after track work on Tuesday 8 October and was thus not accepted for Saturday’s racing.

[5] Mr Williamson appeared for the Racing Integrity Unit and he stated that they did not oppose the appeal. He said that whichever date the suspension commenced the respondent would miss a Saturday’s day of racing. There was no obvious advantage in riding on the 19th rather than the 12th. They were similar North Island days.

[6] Rule 1007(2)(d) provides that on an appeal against penalty the Appeals Tribunal may “exercise any power that the Tribunal whose decision is appealed against might have exercised”.

[7] We are satisfied that had the respondent requested that the suspension commence after racing today, the raceday committee would have looked upon this favourably. In addition, we are satisfied there are genuine and unforeseen reasons as to why the respondent wishes to change the commencement date of his suspension. Were this simply a matter of whim, the respondent’s appeal would not have been successful.

[8] Mr Innes is required to pay a filing fee of $250. He has to that extent been financially disadvantaged by this appeal. The number of days’ suspension remains at five.

[9] We alter the suspension imposed upon Mr Innes at Avondale on 7 October from one commencing on 13 October to one commencing after racing on 11 October.

[10] Mr Innes suspension is one of five North Island days. These being Egmont; Paeroa; Ruakaka; Woodville and Tauranga. He is thus free to ride on Saturday 19 October.

DATED AT Dunedin this 11th day of October 2013

Professor Geoff Hall, Chairman

Mr Richard Seabrook, Member of the Tribunal
 

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Rules: 638(1)(d)

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