Non Raceday Inquiry – HRNZ v G C Small 9 November 2009 reserved decision on pena

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hearing_title: Non Raceday Inquiry - HRNZ v G C Small 9 November 2009 reserved decision on pena

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RACEDAY JUDICIAL COMMITTEE DECISION

Information No: 68178

Meeting: New Zealand Metropolitan Trotting Club                             Date: 16 October 2009

Venue: Addington Raceway, Christchurch                                         Race No: 9

Rule(s): 1001 (1) (v) (i) & (ii)

Judicial Committee:

Chairman:                     R G McKenzie                                           

Panel Member:             J M Phelan                                               

Plea:                              Not Admitted

Appearing:

Informant: N R Escott, Chief Stipendiary Steward   

Defendant: G C Small, Licensed Public Trainer

RESERVED DECISION ON PENALTY AND REASONS:

The Charges

[1]     Information No. 68178 filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Public Trainer, Mr G C Small, alleged two breaches of Rule 1001 (1) (v) (i) and (ii) of the New Zealand Rules of Harness Racing as follows:-

(1)     “That on the 16 October 2009, [Mr Small] did an act, namely scratch the horse ALL TIGER [trained by him] from Race 9, The Christian Cullen Making Wishes Come True Handicap Pace, detrimental to the interests of harness racing; and also

(2)     On the 16 October 2009, [he] did utter insulting and abusive words with reference to a Stipendiary Steward and official, Veterinary Surgeon Mr Corin Murfitt”.

RACEDAY JUDICIAL COMMITTEE DECISION

Information No: 68178

Meeting: New Zealand Metropolitan Trotting Club                             Date: 16 October 2009

Venue: Addington Raceway, Christchurch                                         Race No: 9

Rule(s): 1001 (1) (v) (i) & (ii)

Judicial Committee:

Chairman:                     R G McKenzie                                           

Panel Member:             J M Phelan                                               

Plea:                              Not Admitted

Appearing:

Informant: N R Escott, Chief Stipendiary Steward   

Defendant: G C Small, Licensed Public Trainer

RESERVED DECISION ON PENALTY AND REASONS:

The Charges

[1]     Information No. 68178 filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Public Trainer, Mr G C Small, alleged two breaches of Rule 1001 (1) (v) (i) and (ii) of the New Zealand Rules of Harness Racing as follows:-

(1)     “That on the 16 October 2009, [Mr Small] did an act, namely scratch the horse ALL TIGER [trained by him] from Race 9, The Christian Cullen Making Wishes Come True Handicap Pace, detrimental to the interests of harness racing; and also

(2)     On the 16 October 2009, [he] did utter insulting and abusive words with reference to a Stipendiary Steward and official, Veterinary Surgeon Mr Corin Murfitt”.

[2]     After a defended hearing on 27 and 28 October 2009, in a reserved decision, the Committee found both charges to be proved.

[3]     The Committee heard submissions from the parties in relation to penalty and costs at a hearing on 9 November 2009.

Defendant’s Request for an Adjournment

[4]     At the commencement of the penalty hearing, Mr P B McMenamin, Counsel for Mr Small, made an application for an adjournment.

[5]     The grounds put forward by him for such adjournment were, firstly, that Mr Small had requested a transcript of the substantive hearing, which transcript had not yet been received by Mr Small and, secondly, that he had only recently received instructions from Mr Small and, therefore, had not had sufficient time to prepare.

[6]     Mr McMenamin also submitted that the penalty to be sought by the Informant was “extreme” and the consequences to Mr Small were now a “very serious state of affairs”.

The Committee’s Decision on the Request for an Adjournment

[7]     The Committee did not accept that the availability to the Defendant of a transcript was a necessary prerequisite to a penalty hearing. The Committee understood that the JCA had had a transcript prepared and had forwarded it by e-mail to Mr Small on the day before the penalty hearing, more as an accommodation to him than a recognition that he was entitled to it, but apparently Mr Small had not received it. In the Committee’s view, it was not a common practice to have a transcript prepared prior to completion of proceedings, which included penalty, but rather a transcript is prepared, if required, for the purposes of an appeal.

[8]     The Committee was aware that Mr Small had been in possession of the Committee’s decision for one week and, further, that Mr McMenamin had received instructions from Mr Small no later than 5 November.

[9]     The application for an adjournment was refused.

Submissions on Behalf of the Informant

[10]   Mr D Jackson, Counsel for the Informant, presented written submissions. Those submissions are summarised in paragraphs 11 to 18 inclusive.

[11]   The late and un-notified scratching of ALL TIGER was serious offending. It impacted on the Club, the driver, and the public – not only the betting public but also the racing public at large.

[12]   It was plainly an act detrimental to the industry. The incident had attracted widespread media coverage and negative comment. It unfurled before a television audience.

[13]   The timing of the offence was unfortunate given that the race was a keenly anticipated lead-up race to the New Zealand Trotting Cup.

[14]   Mr Jackson produced a printout of Mr Small’s “Penalty Report” which, he submitted, showed a “significant history of offending”. He referred to the fact that, on the last occasion that Mr Small appeared for sentence before a Ju

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hearing_type: Old Hearing

Rules: 1001.1.v.i, 1001.2, 1114.2

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