Appeal – BC Dann v RIU – Decision of Appeals Tribunal dated 20 February 2014

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hearing_title: Appeal - BC Dann v RIU - Decision of Appeals Tribunal dated 20 February 2014

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BEFORE AN APPEALS TRIBUNAL

HELD AT CHRISTCHURCH

IN THE MATTER of the GREYHOUND RACING NEW ZEALAND RULES OF RACING

BETWEEN BRUCE CHARLES DANN of Rakaia, Licensed Trainer

Appellant

AND RACING INTEGRITY UNIT

Respondent

Date of Hearing: 11th February 2014

Venue: Stipendiary Stewards Room, Addington Raceway, Christchurch

Appeals Tribunal: R G McKenzie (Chairman)

Present: Mr B C Dann (the Appellant)

Mr J M McLaughlin (representing the Racing Integrity Unit)

Mr N G McIntyre (Registrar)

Date of Decision: 20th February 2014

RESERVED DECISION OF APPEALS TRIBUNAL

1. Background

1.1 Mr Dann is the trainer of the greyhound, EASY SILENCE, (Oct 2010 wbk bitch Dabyne Shiraz – Hear the Cheers).

1.2 Following the running of Race 12, Speight’s Dash, at the meeting of Christchurch Greyhound Racing Club at Addington Raceway on 17 January 2014, the Stewards issued a charge pursuant to Rule 80.1.b alleging that EASY SILENCE had failed to pursue the lure by easing when clear in the lead. The Stewards imposed a 28-day stand down with one (1) satisfactory trial.

1.3 Mr Dann has filed a Notice of Appeal against the finding of the Stewards and penalty on the ground that there is “no evidence to support the charge”.

1.4 The second member of the Appeals Tribunal appointed by the Judicial Control Authority to hear the appeal was unable, at the last minute, to attend the hearing. Both Mr Dann and Mr McLaughlin freely consented to the appeal proceeding in his absence and the hearing of the appeal proceeded accordingly.

1.5 At the outset of the hearing, it was agreed by both parties that the Respondent should present its submissions first, followed by Mr Dann.

2. Submissions of Respondent

2.1 Mr McLaughlin presented the following written submissions:

“1. EASY SILENCE was correctly entered for and started in Race 12, Speight’s Dash (C2) 295 metres sprint, on the 17th day of January 2014 at the Christchurch Greyhound Racing Club’s meeting held at Addington Raceway.

2. Stewards deemed EASY SILENCE to have failed to pursue the lure and, acting under Rule 80.1.b, the Stewards imposed a 28-day stand down including one (1) satisfactory trial.

3. EASY SILENCE in accordance with Rule 80.1.b underwent a post-race veterinary inspection which revealed no abnormalities.

4. “Fails to pursue the lure” is defined in the Rules as “the action of the Greyhound voluntarily turning the head without making contact with another Greyhound, or voluntarily easing up, or stopping during a Race while free of interference”.

5. “Interference” is defined as “the act of or an instance of hindering, obstructing or impeding” (Dictionary).

6. EASY SILENCE started from Box 2 and jumped to the lead, being clear by some 2 lengths early in the race. EASY SILENCE was slightly off the running line going into the first bend.

7. Stewards had no concern with the dog’s racing manners early in the race. However, upon reaching the end of the back straight, EASY SILENCE eased and continued to ease until half way around the bend.

8. EASY SILENCE then accelerated to race speed again and chased until the end of the race.

9. The concern of Stewards is that EASY SILENCE, which was clear in the lead, eased upon racing into the first bend when the other runners progressed to be in close proximity. EASY SILENCE appeared to be waiting for other runners to progress, almost pre-empting being involved in an incident prior to any contact being made.

10. EASY SILENCE had been involved in an incident at a similar position on the track at its previous start (on 9 January 2014). EASY SILENCE was contacted from behind and checked losing ground on that occasion.

11. A breach of this particular Rule is one that invariably jeopardises the integrity of Greyhound Racing for reasons which are self-evident. Greyhound races are based on the requirement that all contestants are racing truly. On this occasion, Stewards believe EASY SILENCE was clearly not.”

2.2 Mr McLaughlin then showed side-on and head-on video replays of the first 150 metres of the race. He pointed out EASY SILENCE, which had drawn Box 2. The dog jumped quickly from the boxes and established a lead of some 2 lengths. Nearing the bend out of the back straight, dogs Nos. 1 (TRAVELLING JOE) and 3 (VISUAL ILLUSION) made ground on EASY SILENCE. He submitted that it could be clearly seen that EASY SILENCE had eased going into the first corner as the other greyhounds made ground. Her whole “demeanour” had changed as the other two greyhounds got in close proximity, Mr McLaughlin alleged. She was shunted back through the field before recovering and chasing to the end of the race.

2.3 Mr McLaughlin submitted that there was no contact from either of the other two dogs. There was “brushing” after the other two dogs had gone past but EASY SILENCE had eased prior to that and there was certainly no contact from behind. EASY SILENCE should not have eased as it did, Mr McLaughlin said.

2.4 Mr McLaughlin stated that EASY SILENCE was presented for a veterinary inspection and no abnormalities were detected.

3. Submissions of Appellant

3.1 Mr Dann submitted that this was a case of “basic physics”. In this case, EASY SILENCE had been chasing hard and a quicker dog got “under” her, bored out and took her legs from under her. When the No. 1 dog got alongside her, he “shouldered” her out of the way. EASY SILENCE had been checked off her stride and lost balance and she took some time to get back into her stride. She had tried to maintain her stride but could not do so.

3.2 Mr Dann, in response to a question from the Tribunal, stated that EASY SILENCE had not eased at all until the No.1 dog got underneath her and started pushing her out. He submitted that there were none of the usual signs of easing up – her head coming up and “propping” of the front legs.

3.3 Mr Dann was asked by the Tribunal for an explanation for EASY SILENCE surrendering a lead of 2 lengths so early in the race. He explained that the dog had always been a quick beginner but not an exceptionally fast dog per se. The other dogs are quicker, he said, but she is good enough to run 2nd or 3rd. She is racing in a grade where the others are a little bit fast for her, he said, but she does not lack the tenacity to try, he said.

3.4 Mr Dann submitted that the incident in the race on 9 January (see paragraph 3.1.10) had any bearing on what happened on this occasion.

4. Response of the Respondent

4.1 Mr McLaughlin said that, while he could accept what Mr Dann was saying, he maintained that EASY SILENCE had eased a stride or two before any contact from the other dog.

5. Reasons for Decision

5.1 EASY SILENCE drew Box 3 in the 295 metres sprint event in Race 12, Speight’s Dash, at Addington Raceway on 17 January 2014.

5.2 She jumped fast from the boxes and, after the field had gone a short distance, she was 2 lengths in front of the field.

5.3 Mr Dann has submitted that EASY SILENCE had received a shoulder push from behind from the dog on her inside, TRAVELLING JOE. The No.3 dog, VISUAL ILLUSION, was improving on the outside of EASY SILENCE but both parties agreed that VISUAL ILLUSION made no contribution to what happened.

5.4 Mr Dann has further submitted that the contact from behind that EASY SILENCE received from TRAVELLING JOE put her off balance, causing her to be checked off stride and lose balance, and causing her to drift back through the field before picking herself up and running on to finish 5th.

5.5 It was Mr McLaughlin’s position for the Respondent that EASY SILENCE had eased a stride or two before the other two dogs drew level and, in so doing, had failed to pursue the lure by voluntarily easing up.

5.6 The task of this Tribunal in determining the appeal came down, in the final analysis, to an interpretation of the head-on and side-on video replays which were played repeatedly and which the Tribunal studied carefully.

5.7 Mr Dann was required to satisfy this Tribunal, on a balance of probabilities, that EASY SILENCE was not guilty of failing to pursue the lure. Balance of probabilities requires the Tribunal to be more satisfied than not.

5.8 From viewing the video replays, the Tribunal prefers Mr McLaughlin’s interpretation – that is to say, that EASY SILENCE did voluntarily ease for 1 to 2 strides before being joined by the other two greyhounds and, in particular, before the contact with TRAVELLING JOE on its inside took place. The Tribunal could find no reason for EASY SILENCE to have eased at the point in the race when it did other than that it voluntarily eased and, therefore, failed to pursue the lure. It is not unreasonable to infer that the actions of EASY SILENCE were the result, at least in part, of the imminent presence of the other two runners.

5.9 The Tribunal finds that EASY SILENCE did fail to pursue the lure by voluntarily easing going into the first bend, as found by the Stewards.

5.10 In reaching its decision, the Tribunal gave no weight to the submission of Mr McLaughlin (see 2.1.10 above) as it was, in the Tribunal’s view, speculative and of no evidential value.

6. Decision

6.1 The appeal by Mr Dann is dismissed and the penalty of a 28-day stand down with one satisfactory trial is confirmed.

7. Costs

7.1 Mr McLaughlin did not seek an order for costs. Mr Dann’s appeal was not totally without merit. There will be no costs order in favour of the Judicial Control Authority.

R G McKenzie

Chair

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