Wanganui JC – 21 June 2007 –

ID: JCA22396

Hearing Type:
Old Hearing

Rules:
303.1

Hearing Type (Code):
thoroughbred-racing

Decision: --

The defendant, apprentice jockey Lee Callaway, faces one information alleging a breach of Rule 304 (misconduct provision). The information reads as follows:

That he displayed misconduct when he gave evidence to the Stipendiary Stewards that was false when he stated that he had obtained a medical certificate of fitness, offence date 11.7.07.

The defendant, apprentice jockey Lee Callaway, faces one information alleging a breach of Rule 304 (misconduct provision). The information reads as follows:

That he displayed misconduct when he gave evidence to the Stipendiary Stewards that was false when he stated that he had obtained a medical certificate of fitness, offence date 11.7.07.

Mr Callaway admitted the breach at the first opportunity.

Mr Oatham tabled NZTR's authorization to prosecute, dated 4.7.07, exhibit 1.

Rule 303(1) provides: "Where the holder of a Licensed Trainer's Jockey's or Apprentice Jockey's Licence, or a Permit to Train, or of any Amateur Rider's Certificate, or of an Emergency Rider's Certificate issued under Rule 533 hereof, or a Riders' Agent registration or where any registered Owner-Trainer, Racing Manager, or official or employee of any Club is called before the Stewards or Committee of any Club or a Judicial Committee and punished, reprimanded or warned, a report of the proceeding shall (in the case of proceedings before the Stewards or Committee) be sent by the Secretary of such Club to the Chief Executive.

--
--

Rule 304: "Every holder of any licence or permit or certificate or registration mentioned in the last preceding Rule and every owner, owner-trainer, stablehand, unlicensed apprentice, racing manager or official or employee of any Club who misconducts himself in any way commits a breach of these Rules."

--
FACTS:
--

Mr Oatham presented a Summary of Facts. The defendant accepted the Summary of Facts.

The salient facts are as follows:

On Thursday the 21^st June 2007, the Wanganui Jockey Club conducted a race meeting at Wanganui. The Defendant, Apprentice Jockey Lee Callaway had riding engagements declared at that meeting.

Apprentice Jockey Callaway did not appear at the meeting to ride and in subsequent telephone inquiries made of him that day by the Stipendiary Steward, it was stated by him that he did not appear because of a medical problem. As a result of that statement Lee Callaway was advised by the Stipendiary Steward that he must produce a Doctors Medical Clearance at the next race meeting he intended to ride at.

On Saturday the 23 June 2007 Mr Callaway had riding engagements at the Racing Tauranga meeting at Gate Pa Racecourse. Upon his arrival on course he was summonsed to the Judicial Room. He was asked by the Stipendiary Stewards, including the Chief Stipendiary Steward, for the Doctors Medical Certificate he had been instructed to produce.

He informed the Stewards he had obtained a Doctors Medical Certificate but had forgotten to take it with him to the races and had left it at his home. He was asked for the name of the Doctor and he stated he could not remember the Doctors name. He was asked where the medical centre was where he had gone to obtain the medical and he told the officials it was in Leamington (a suburb of Cambridge).

A Stipendiary Steward queried Mr Callaway as to whether or not he was telling the truth in this matter and he claimed he was. The Racecourse Inspector who had been present during these discussions also advised Mr Callaway to be sure he was telling the truth with regards to his claim of having been to a Doctor and him giving Callaway a medical clearance. Mr Callaway assured the Inspector also that he was telling the truth about the certificate.

Apprentice Jockey Callaway was then advised that he must forward the Medical Certificate by Post or Fax to the Chief Stipendiary Steward Mr George at NZTR when he got back to Cambridge. He said he would. He was then examined by the Club Doctor and cleared fit to ride that day.

On the 28 June 2007, the Chief Stipendiary Steward, having not received the document in question from Mr Callaway, then spoke to him by phone. After an initial claim that he had mislaid the document, Apprentice Jockey Callaway then admitted to Mr George that he had not told the truth about this matter and that he had not been to a Doctor and there was no medical certificate as he had claimed when spoken to at Tauranga.

On the 30 June 2007, at the request of the Chief Stipendiary Steward, Mr Callaway was interviewed formally about this matter at the Avondale Race meeting. A transcript of that interview is produced as EXH---..

Apprentice Jockey Lee Callaway is a single man aged 22 years (6/2/85). He has been an apprentice jockey since 2002. He recently completed his four year apprentice term and then signed on for another year. At the time of completing his four year term he did uplift all of his funds from his apprenticeship account.

He has not previously appeared before a Racing Judicial Committee for an offence of this nature.

--
PENALTY:
--

The only issue for determination is penalty.

Mr Oatham made the following penalty submissions:

The Defendant has admitted, what NZTR would submit, is a serious breach of the Rules of Racing. It is further submitted, Mr Callaway is fortunate that he appears on this particular charge.

The admitted and evidential facts of this matter are such he could well have been charged with a breach of the Serious Racing Offences Section of the Rules. The consequences of a charge under that part of the Rules would have been far more serious that what he has pleaded guilty to on this occasion.

NZTR officials have a responsibility pursuant to the NZ Rules of Racing and also pursuant to the obligations of the Racing Industry in terms of relevant Health and Safety in Employment Legislation, to ensure that all riders who partake in what is a dangerous activity are at all times physically and mentally fit to undertake such activity.

NZTR Field Officers are not medically qualified to determine such matters hence the requirement on riders to produce a proper medical clearance following an event that occurs when an official determines such a medical certificate is required.

The request and instruction made to and of Mr Callaway on the 21 June 2007 was an official demand that he, given his experience would have clearly understood.

He not only did not comply with the request for him to be examined by a Doctor and produce a medical clearance, but also chose to lie to NZTR Officials at Tauranga continually on the 23 June 2007 about a medical certificate.

That Mr Callaway has on this occasion, embarked upon a path of deceit and lies does him no credit whatsoever and is disappointing to officials who in matters such as this, rely on licensed persons having the integrity and intelligence to act honestly and appropriately.

Despite the seriousness of this matter, it is the submission on behalf of NZTR that on this occasion, it could be dealt with by way of a monetary penalty. This experienced Judicial Committee is well aware of the four principles involved in sentencing as set out by the now Justice Gendall in an often quoted previous racing case.

It is submitted that any monetary penalty must reflect, apart from the personal considerations of this Defendant, the seriousness of this offending and the need to deter others from embarking upon a similar pathway of lies and deceit.

Mr Rayner made submissions on behalf of Mr Callaway. He said that Mr Callaway had good work ethics. He was remorseful and acknowledged making a serious error of judgement.

Taking into account the following:

Plea of guilty.

Both parties submissions on penalty.

No prior relevant breaches.

Mr Callaway's explanation and remorse

We accept a fine must be imposed. We note with some concern that your false statements continued over a period of time.

In the circumstances we imposed a fine of $900.

W N Dollimore J Southworth

CHAIRMAN

Dated: 28.07.07

Decision Date: 21/06/2007

Publish Date: 21/06/2007

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: c2e826b9207ba41d5d77d66e95ac79b8

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 21/06/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Wanganui JC - 21 June 2007 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

The defendant, apprentice jockey Lee Callaway, faces one information alleging a breach of Rule 304 (misconduct provision). The information reads as follows:

That he displayed misconduct when he gave evidence to the Stipendiary Stewards that was false when he stated that he had obtained a medical certificate of fitness, offence date 11.7.07.

The defendant, apprentice jockey Lee Callaway, faces one information alleging a breach of Rule 304 (misconduct provision). The information reads as follows:

That he displayed misconduct when he gave evidence to the Stipendiary Stewards that was false when he stated that he had obtained a medical certificate of fitness, offence date 11.7.07.

Mr Callaway admitted the breach at the first opportunity.

Mr Oatham tabled NZTR's authorization to prosecute, dated 4.7.07, exhibit 1.

--
FACTS:
--

Mr Oatham presented a Summary of Facts. The defendant accepted the Summary of Facts.

The salient facts are as follows:

On Thursday the 21^st June 2007, the Wanganui Jockey Club conducted a race meeting at Wanganui. The Defendant, Apprentice Jockey Lee Callaway had riding engagements declared at that meeting.

Apprentice Jockey Callaway did not appear at the meeting to ride and in subsequent telephone inquiries made of him that day by the Stipendiary Steward, it was stated by him that he did not appear because of a medical problem. As a result of that statement Lee Callaway was advised by the Stipendiary Steward that he must produce a Doctors Medical Clearance at the next race meeting he intended to ride at.

On Saturday the 23 June 2007 Mr Callaway had riding engagements at the Racing Tauranga meeting at Gate Pa Racecourse. Upon his arrival on course he was summonsed to the Judicial Room. He was asked by the Stipendiary Stewards, including the Chief Stipendiary Steward, for the Doctors Medical Certificate he had been instructed to produce.

He informed the Stewards he had obtained a Doctors Medical Certificate but had forgotten to take it with him to the races and had left it at his home. He was asked for the name of the Doctor and he stated he could not remember the Doctors name. He was asked where the medical centre was where he had gone to obtain the medical and he told the officials it was in Leamington (a suburb of Cambridge).

A Stipendiary Steward queried Mr Callaway as to whether or not he was telling the truth in this matter and he claimed he was. The Racecourse Inspector who had been present during these discussions also advised Mr Callaway to be sure he was telling the truth with regards to his claim of having been to a Doctor and him giving Callaway a medical clearance. Mr Callaway assured the Inspector also that he was telling the truth about the certificate.

Apprentice Jockey Callaway was then advised that he must forward the Medical Certificate by Post or Fax to the Chief Stipendiary Steward Mr George at NZTR when he got back to Cambridge. He said he would. He was then examined by the Club Doctor and cleared fit to ride that day.

On the 28 June 2007, the Chief Stipendiary Steward, having not received the document in question from Mr Callaway, then spoke to him by phone. After an initial claim that he had mislaid the document, Apprentice Jockey Callaway then admitted to Mr George that he had not told the truth about this matter and that he had not been to a Doctor and there was no medical certificate as he had claimed when spoken to at Tauranga.

On the 30 June 2007, at the request of the Chief Stipendiary Steward, Mr Callaway was interviewed formally about this matter at the Avondale Race meeting. A transcript of that interview is produced as EXH---..

Apprentice Jockey Lee Callaway is a single man aged 22 years (6/2/85). He has been an apprentice jockey since 2002. He recently completed his four year apprentice term and then signed on for another year. At the time of completing his four year term he did uplift all of his funds from his apprenticeship account.

He has not previously appeared before a Racing Judicial Committee for an offence of this nature.

--
PENALTY:
--

The only issue for determination is penalty.

Mr Oatham made the following penalty submissions:

The Defendant has admitted, what NZTR would submit, is a serious breach of the Rules of Racing. It is further submitted, Mr Callaway is fortunate that he appears on this particular charge.

The admitted and evidential facts of this matter are such he could well have been charged with a breach of the Serious Racing Offences Section of the Rules. The consequences of a charge under that part of the Rules would have been far more serious that what he has pleaded guilty to on this occasion.

NZTR officials have a responsibility pursuant to the NZ Rules of Racing and also pursuant to the obligations of the Racing Industry in terms of relevant Health and Safety in Employment Legislation, to ensure that all riders who partake in what is a dangerous activity are at all times physically and mentally fit to undertake such activity.

NZTR Field Officers are not medically qualified to determine such matters hence the requirement on riders to produce a proper medical clearance following an event that occurs when an official determines such a medical certificate is required.

The request and instruction made to and of Mr Callaway on the 21 June 2007 was an official demand that he, given his experience would have clearly understood.

He not only did not comply with the request for him to be examined by a Doctor and produce a medical clearance, but also chose to lie to NZTR Officials at Tauranga continually on the 23 June 2007 about a medical certificate.

That Mr Callaway has on this occasion, embarked upon a path of deceit and lies does him no credit whatsoever and is disappointing to officials who in matters such as this, rely on licensed persons having the integrity and intelligence to act honestly and appropriately.

Despite the seriousness of this matter, it is the submission on behalf of NZTR that on this occasion, it could be dealt with by way of a monetary penalty. This experienced Judicial Committee is well aware of the four principles involved in sentencing as set out by the now Justice Gendall in an often quoted previous racing case.

It is submitted that any monetary penalty must reflect, apart from the personal considerations of this Defendant, the seriousness of this offending and the need to deter others from embarking upon a similar pathway of lies and deceit.

Mr Rayner made submissions on behalf of Mr Callaway. He said that Mr Callaway had good work ethics. He was remorseful and acknowledged making a serious error of judgement.

Taking into account the following:

Plea of guilty.

Both parties submissions on penalty.

No prior relevant breaches.

Mr Callaway's explanation and remorse

We accept a fine must be imposed. We note with some concern that your false statements continued over a period of time.

In the circumstances we imposed a fine of $900.

W N Dollimore J Southworth

CHAIRMAN

Dated: 28.07.07

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 303.1

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Archive Decision

Wanganui JC – 21 June 2007 –

JCA Decision Fields (raw)

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