Non Raceday Inquiry HRNZ v CRR Forrester 20 November 2009

hearingid: c6c0b8aa631119e0c89b6b0ba587d984

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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decisiondate: no date provided

hearing_title: Non Raceday Inquiry HRNZ v CRR Forrester 20 November 2009

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BEFORE A JUDICIAL COMMITTEE
AT CHRISTCHURCH 
IN THE MATTER of the
New Zealand Rules of
Harness Racing

BETWEEN  Barry Alexander KITTO          Racecourse Inspector

Informant

AND   Carl Raymond Robert FORRESTER
            Licensed Trainer

Defendant

APPEARING: Mr B. A. Kitto for HRNZ
                         Mr C. R. R. Forrester in person
                         Mrs L. A. O’Connell – Registrar

DATE OF HEARING:     20 November 2009

JUDICIAL COMMITTEE:  J. M. Phelan (Chairman) 
                                             P. J. Rosanowski

DATE OF DECISION: 26 November 2009             

DECISION OF THE JUDICAL COMMITTEE
             

[1] The defendant is charged with one breach of Rule 1004(1), (2) and (4) of the Rules of Harness Racing.  The charge (Information 68301) filed by Racecourse Inspector Kitto reads as follows –

“On the 7th day of July 2009, Carl Raymond Robert FORRESTER was the official trainer of the horse “Willoughby” which was presented to race in race two at a race meeting conducted by the Northland Harness Racing Club at Alexandra Park, when a pre race blood sample from the said horse was found upon analysis to have a TCO2 level of 36.9 mmol/L.

BEFORE A JUDICIAL COMMITTEE
AT CHRISTCHURCH 
IN THE MATTER of the
New Zealand Rules of
Harness Racing

BETWEEN  Barry Alexander KITTO          Racecourse Inspector

Informant

AND   Carl Raymond Robert FORRESTER
            Licensed Trainer

Defendant

APPEARING: Mr B. A. Kitto for HRNZ
                         Mr C. R. R. Forrester in person
                         Mrs L. A. O’Connell – Registrar

DATE OF HEARING:     20 November 2009

JUDICIAL COMMITTEE:  J. M. Phelan (Chairman)
                                             P. J. Rosanowski

DATE OF DECISION: 26 November 2009
             

DECISION OF THE JUDICAL COMMITTEE
             

[1] The defendant is charged with one breach of Rule 1004(1), (2) and (4) of the Rules of Harness Racing.  The charge (Information 68301) filed by Racecourse Inspector Kitto reads as follows –

“On the 7th day of July 2009, Carl Raymond Robert FORRESTER was the official trainer of the horse “Willoughby” which was presented to race in race two at a race meeting conducted by the Northland Harness Racing Club at Alexandra Park, when a pre race blood sample from the said horse was found upon analysis to have a TCO2 level of 36.9 mmol/L.

Rule 1004(1), (3) and (4).
Penalty provision Rule 1004(7)(a), (b) and (8).”

[2] Rules 1003(1), (3) and (4) referred to above, which come under the “Prohibited Substance Rule”, read as follows –

 “(1) A horse shall be presented for a race free of prohibited substances.
 (1A) …..
(2) Where a horse is taken, or is to be taken, to a racecourse for the purpose
of engaging in a race otherwise than in accordance with sub-rule (1) the trainer of the horse commits a breach of these Rules.
(3) …..
(4) A breach of these rules under sub-rule (2) or sub-rule (3) is committed regardless of the circumstances in which the prohibited substance came to be present in or on the horse.”

[3] Mr Forrester had previously indicated that he admitted this breach of the Rule, and he confirmed this at the hearing.

[4] The Executive of Harness Racing New Zealand has set a TCO2 level of 35
mmol/L.  In addition an “analytical error” factor has been set at 1.2 mmol/L and no prosecution is undertaken unless the analysis exceeds 36.2 mmol/L.

Summary of Facts:  

[5] Mr Kitto presented a “Summary of Facts” to this hearing.  The horse “Willoughby” was entered for and finished 1st in the Neville Bros Transport Mobile Pace at the Northland Harness Racing Club’s race meeting held at Alexandra Park Raceway on 7 July 2009. 

[6] “Willoughby” was one of two horses campaigned in the North Island by Mr Forrester from about 15 May 2009, and during that time he trained from the property of Licensed Trainer Mr G. A. Martin at Cambridge.  On 4 July 2009 Mr Forrester returned to his Christchurch base leaving “Willoughby” in the care of Mr Martin, and he returned to Auckland on the day of the race, arriving about an hour before it started.

[7] Prior to the race the horse was pre-race blood tested, and the subsequent analysis revealed a TCO2 level of 36.9 mmol/L.  A copy of the Certificate of Analysis was presented in evidence.

[8] Mr Forrester was interviewed by Chief Racecourse Inspector Mr T. R. Carmichael at Alexandra Park on 10 July 2009.  Mr Forrester denied the administration of any alkali with the intention of affecting the normal TCO2 level of the horse.  He further denied giving any instructions to the caretaker trainer, Mr Martin, to administer anything, other than the usual feed.  Mr Forrester was unable to explain the unacceptable level recorded.

[9] Mr Forrester was interviewed further at Christchurch by Racecourse Inspector Mr B. A. Kitto on 28 July 2009.  In this interview Mr Forrester denied giving instructions to Mr Martin to feed “unknown salts” to “Willoughby” on 7 July 2009.

[10] Mr Forrester did not dispute the facts of this matter as presented by Mr Kitto.

Submissions on Penalty: 

[11] Mr Kitto presented written submissions on penalty.  Since the introduction of the new testing regime on 1 April 2001 more than 21,000 Standardbred horses have been tested in New Zealand, and there have been 14 previous prosecutions resulting from the presentation of horses to race with elevated TCO2 levels.

[12] Harness Racing New Zealand recognised that there should be a difference in penalties in relation to the level of the TCO2 reading.  The lower (of three) levels was set at between 36.3 and 37.2 mmol/L.  It was recommended that in these cases, provided the person charged promptly admitted the breach, and had a good record, that the charge could be appropriately dealt with by a fine of not less than $500-00.

[13] In this case there is no corroborative evidence that Mr Forrester gave instructions to Mr Martin to administer anything other than normal feed to “Willoughby” on the morning of the races.  Also Mr Forrester had co-operated fully throughout the enquiry, had admitted the breach at the earliest opportunity, had no previous conviction for any serious breach of the Rules, and had agreed to have the matter heard on a race day to reduce costs to the industry and to himself.

[14] Taking all the above matters into account Mr Kitto submitted that a fine of
$500-00 would be appropriate in this case.

[15] Mr Forrester presented a statement to the hearing in relation to this charge.  He set out the facts of his arrangements for his horses in the North Island, and they did not differ in any material way to the Summary of Facts presented by Mr Kitto.  Mr Forrester also set out the details of his involvement in Harness Racing, which began in 1992 in New Zealand and continues to the present time.  Mr Forrester was involved in Harness Racing in the USA between 1997 and 2007.

[16] In relation to penalty Mr Forrester set out his financial situation, which was not good, and said that he believed that the $500-00 fine recommended by Mr Kitto was appropriate.

Decision on Penalty:  

[17] Rule 1004(7) and (8) provide as follows.

“(7) Every person who commits a breach of sub-rule (2) or (3) shall be liable to:
(a) a fine not exceeding $10,000;  and/or
(b) be disqualified or suspended from holding or obtaining a licence for any specific period not exceeding five years.

 (8) Any horse connected with a breach of sub-rule (1), (2) or (3) shall be disqualified from any race entered and/or liable to a period of disqualification not exceeding five years.”

[18] In the present case we find that there were no aggravating factors in relation to this charge.  We are also satisfied that Mr Forrester has a good record and that he admitted the breach at the first opportunity.

[19] Taking into account the above matters, and also the previous penalties imposed for a breach of this Rule, we are satisfied that Mr Forrester has met all the criteria for a minimum penalty, and he is fined the sum of $500-00.

Costs: 

[20] Mr Kitto advised that no costs were being sought by HRNZ as this matter was heard on a race night.  There will, however, be an order that costs of $200-00 be paid to the Judicial Control Authority.

Disqualification of Horse:  

[21] In accordance with Rule 1004(8) it is mandatory to disqualify “Willoughby” from the race.  Accordingly “Willoughby” is disqualified from 1st place in the Neville Bros Transport Mobile Pace at the Northland Harness Racing Club’s  meeting held at Alexandra Park raceway on 7 July 2009 and the stake money is to be distributed according to HRNZ rules. 

[22] The amended places are as follows.

 1st – Ronan Maguire (4)
 2nd – Star Shiraz (2)
 3rd – Stiletto Point (8)
 4th – Hoof It (6)
 5th – Zutana (5)
 6th – Standout Stats (6)

____ _________            ____________________
J.  M. Phelan                    P. J. Rosanowski
Chairman                        Committee Member

26 November 2009

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hearing_type: Old Hearing

Rules: 1004.1, 1004.7.a, 1004.7, 1004.8

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