Appeal C Roberts v RIU – Written Decision dated 22 May 2016 – Chair, Prof G Hall
ID: JCA14533
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of the Rules of New Zealand Greyhound Racing Association (Incorporated)
BETWEEN
CRAIG ROBERTS, Licensed Trainer
Applicant
AND RACING INTEGRITY UNIT (RIU)
Respondent
Judicial Committee: Prof G Hall, Chairman - Mr S Ching, Member
Present: Mr C Roberts, Applicant
Mr R Quirk, Stipendiary Steward, Respondent
Mr N Wanhalla, Owner of BERRIDALE LAD
Date of Hearing: 17 May 2016
Venue: Addington Raceway, Christchurch
Date of oral Decision: 17 May 2016
Date of written Decision: 22 May 2016
DECISION OF JUDICIAL COMMITTEE
[1] At the meeting of Southland Greyhound Racing Club held at Ascot Park racecourse on 3 May 2016, the greyhound BERRIDALE LAD, trained by Mr Roberts started in Race 11, the MR WHIPPY SOUTHLAND C4/5 457 metres.
[2] Following the race, the Stipendiary Stewards suspended BERRIDALE LAD for 1 year under r 79.1.b for failing to pursue the lure.
[3] On 5 May 2016 Mr Roberts applied for a review of the decision of the Stipendiary Stewards in accordance with r 91.20. His reason for disagreeing with the decision of the Stewards was that BERRIDALE LAD won the race and had never failed to pursue.
[4] After discussing the issue with the parties, it was decided that Mr Quirk would present the RIU case first.
[5] Mr Quirk identified the definition of “fails to pursue the lure” as set out in the Rules:
“FAILS TO PURSUE THE LURE” means the action of a Greyhound voluntarily turning the head without making contact with another Greyhound, or voluntarily easing up, or stopping during a Race while free of interference.
[6] Mr Quirk said the RIU in this case were alleging that BERRIDALE LAD had voluntarily turned its head. As it was the dog’s third or subsequent breach it had been stood down for 12 months and until it trialled satisfactorily. He explained the dog had raced in Australia and had been stood down for marring.
[7] BERRIDALE LAD had trialled satisfactorily in New Zealand in blinkers on 2 April 2015. At its first start in this country it was stood down for marring.
[8] The dog completed a satisfactory trial on 14 April 2016 and the race in question was BERRIDALE LAD’s fourth start in this campaign. The dog had won 2 of its previous starts and the win in this race was its third in 5 starts in NZ.
[9] Mr Quirk showed the Committee the videos of the incident. These were trackside, head-on and back straight. We viewed them in both real time and slow motion.
[10] BERRIDALE LAD had drawn box 6 and jumped with the other dogs.
[11] As the dogs straightened to run to the winning post the one dog, SOUTHERN LIGHTS, bumped BERRIDALE LAD, which was racing to the outside of that dog, with the 8 dog, DIRK THE JERK, to its outside. Some 2 or 3 strides later BERRIDALE LAD turned his heads outwards towards DIRK THE JERK. This occurred about 50 metres from the line.
[12] Mr Quirk stated that the dog had had voluntarily turned its head outwards when free of interference and thus BERRIDALE LAD was in breach of the rule. He stated he believed the dog’s head was turned outwards for 1 or 2 strides, although later in his submissions he stated it was for one stride.
[13] Mr Quirk did not believe the interference BERRIDALE LAD had received had any bearing on the issue before us. He said BERRIDALE LAD had progressed past the 1 dog when it turned its head. He believed BERRIDALE LAD had eased as that dog turned its head as DIRK THE JERK had almost got back on level terms with BERRIDALE LAD. He said there was definite outwards movement of BERRIDALE LAD’s head and that the number 8 dog had been half a length behind BERRIDALE LAD prior to the incident. He emphasised the issue was BERRIDALE LAD turning its head not that the dog had eased.
[14] Mr Roberts opened his case by stating he believed the Stewards were unjustly picking on the dog, emphasising that it had been put out for marring at its first start in this country.
[15] Mr Roberts emphasised the excellent performance of BERRIDALE LAD, stating the race, which was over 457 metres, was won in close to a record time. He also pointed out the 1 and 8 dogs that BERRIDALE LAD had beaten were very well performed dogs with good records on the track.
[16] With reference to DIRK THE JERK, Mr Roberts said it struggled with the bends and always made ground once balanced and able to run in a straight line. This was what that dog had done on this occasion and BERRIDALE LAD had done extremely well to outlast the other 2 dogs.
[17] Mr Roberts stated that BERRIDALE LAD’s head was only angled out marginally and that the dog was clearly not looking at the other dog. He pointed out there was a photographer wearing bright clothing standing close to the winning post and he raised the possibility BERRIDALE LAD might have briefly spotted this.
[18] Mr Roberts emphasised that it was only a glance outwards and that BERRIDALE LAD’s head was never turned towards DIRK THE JERK.
[19] We were asked to look at BERRIDALE LAD’s behaviour after the race. Mr Roberts pointed out the dog had showed interest only in the lure and not in the other dogs.
[20] Mr Roberts emphasised that at worst BERRIDALE LAD for 1 stride had its head turned slightly towards the outside of the track. He said BERRIDALE LAD had gone between 2 dogs when swinging for the run home. He said BERRIDALE LAD was not turning his head towards DIRK THE JERK but his head had turned outwards as a consequence of his taking an outwards stride. Had BERRIDALE LAD wanted to look at DIRK THE JERK, it would have had to turn its head right around as BERRIDALE LAD was wearing blinkers and was about a neck ahead of DIRK THE JERK. The dog had not done this.
[21] Mr Roberts disagreed with Mr Quirk in that he said BERRIDALE LAD had not eased stride whatsoever. When regard was had to the time of the race, it was impossible for the dog to have eased.
[22] Mr Roberts confirmed the dog’s previous stand-downs were for marring not failing to pursue.
[23] Mr Wanhalla spoke briefly. He agreed with Mr Roberts that the whole body of BERRIDALE LAD had moved out. BERRIDALE LAD had taken an outwards stride as its head moved forward. He said BERRIDALE LAD had shifted inwards shortly before this and been bumped, and that the dog was not running home in a straight line.
[24] Mr Quirk summed up by stating that BERRIDALE LAD free of interference had turned its head outwards away from the lure. He did not accept the body of BERRIDALE LAD was angled outwards at this time. He said the fact that BERRIDALE LAD had won the race was irrelevant and there was no questioning of BERRIDALE LAD’s ability.
[25] Mr Roberts concluded by stating that for one stride BERRIDALE LAD had glanced outwards and he disputed the fact that BERRIDALE LAD had lost ground as a consequence. In the next stride BERRIDALE LAD was pulling away from the other dogs.
Decision
[26] We have found the head-on video to be the most helpful. BERRIDALE LAD has received a bump from the number 1 dog, SOUTHERN LIGHTS, no more than 2 to 3 strides before the incident in question. It would be expected that this would have unbalanced BERRIDALE LAD at a time close to the incident in question.
[27] At the time BERRIDALE LAD’s head is turned out slightly, the dog has also stepped out on the track a little. The head movement is a short glance, at best, and is in keeping with the stride of the dog.
[28] There is no evidence BERRIDALE LAD was interested in DIRK THE JERK, which was about a neck behind BERRIDALE LAD at the time. The dog’s head is simply not turned sufficiently to suggest he was looking for that dog. Mr Roberts is correct when he stated BERRIDALE LAD showed no interest in the other dogs at the conclusion of the race but had gone straight for the lure, although this is not determinative of the issue before us. The dog may have spotted the photographer as Mr Roberts submitted. There is no way of knowing whether the photographer had briefly come to the attention of BERRIDALE LAD. He was positioned in the right place on the track for this to be a possibility.
[29] We find that the head of BERRIDALE LAD moves outwards slightly when the dog stepped outwards on the track for a stride shortly after being bumped by SOUTHERN LIGHTS. There is no noticeable loss of momentum at this time. We do not accept there was any easing in BERRIDALE LAD’s stride.
[30] In these circumstances, we are not satisfied on the balance of probabilities that BERRIDALE LAD has failed to pursue the lure.
[31] Mr Roberts’ application for review is successful and the suspension on 3 May 2016 at Invercargill of BERRIDALE LAD for a year pursuant to r 79.1.b for failing to pursue the lure is revoked.
Dated at Invercargill this 22nd day of May 2016.
Geoff Hall, Chairman
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 24/05/2016
Publish Date: 24/05/2016
JCA Decision Fields (raw)
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decisiondate: 24/05/2016
hearing_title: Appeal C Roberts v RIU - Written Decision dated 22 May 2016 - Chair, Prof G Hall
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Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of the Rules of New Zealand Greyhound Racing Association (Incorporated)
BETWEEN
CRAIG ROBERTS, Licensed Trainer
Applicant
AND RACING INTEGRITY UNIT (RIU)
Respondent
Judicial Committee: Prof G Hall, Chairman - Mr S Ching, Member
Present: Mr C Roberts, Applicant
Mr R Quirk, Stipendiary Steward, Respondent
Mr N Wanhalla, Owner of BERRIDALE LAD
Date of Hearing: 17 May 2016
Venue: Addington Raceway, Christchurch
Date of oral Decision: 17 May 2016
Date of written Decision: 22 May 2016
DECISION OF JUDICIAL COMMITTEE
[1] At the meeting of Southland Greyhound Racing Club held at Ascot Park racecourse on 3 May 2016, the greyhound BERRIDALE LAD, trained by Mr Roberts started in Race 11, the MR WHIPPY SOUTHLAND C4/5 457 metres.
[2] Following the race, the Stipendiary Stewards suspended BERRIDALE LAD for 1 year under r 79.1.b for failing to pursue the lure.
[3] On 5 May 2016 Mr Roberts applied for a review of the decision of the Stipendiary Stewards in accordance with r 91.20. His reason for disagreeing with the decision of the Stewards was that BERRIDALE LAD won the race and had never failed to pursue.
[4] After discussing the issue with the parties, it was decided that Mr Quirk would present the RIU case first.
[5] Mr Quirk identified the definition of “fails to pursue the lure” as set out in the Rules:
“FAILS TO PURSUE THE LURE” means the action of a Greyhound voluntarily turning the head without making contact with another Greyhound, or voluntarily easing up, or stopping during a Race while free of interference.
[6] Mr Quirk said the RIU in this case were alleging that BERRIDALE LAD had voluntarily turned its head. As it was the dog’s third or subsequent breach it had been stood down for 12 months and until it trialled satisfactorily. He explained the dog had raced in Australia and had been stood down for marring.
[7] BERRIDALE LAD had trialled satisfactorily in New Zealand in blinkers on 2 April 2015. At its first start in this country it was stood down for marring.
[8] The dog completed a satisfactory trial on 14 April 2016 and the race in question was BERRIDALE LAD’s fourth start in this campaign. The dog had won 2 of its previous starts and the win in this race was its third in 5 starts in NZ.
[9] Mr Quirk showed the Committee the videos of the incident. These were trackside, head-on and back straight. We viewed them in both real time and slow motion.
[10] BERRIDALE LAD had drawn box 6 and jumped with the other dogs.
[11] As the dogs straightened to run to the winning post the one dog, SOUTHERN LIGHTS, bumped BERRIDALE LAD, which was racing to the outside of that dog, with the 8 dog, DIRK THE JERK, to its outside. Some 2 or 3 strides later BERRIDALE LAD turned his heads outwards towards DIRK THE JERK. This occurred about 50 metres from the line.
[12] Mr Quirk stated that the dog had had voluntarily turned its head outwards when free of interference and thus BERRIDALE LAD was in breach of the rule. He stated he believed the dog’s head was turned outwards for 1 or 2 strides, although later in his submissions he stated it was for one stride.
[13] Mr Quirk did not believe the interference BERRIDALE LAD had received had any bearing on the issue before us. He said BERRIDALE LAD had progressed past the 1 dog when it turned its head. He believed BERRIDALE LAD had eased as that dog turned its head as DIRK THE JERK had almost got back on level terms with BERRIDALE LAD. He said there was definite outwards movement of BERRIDALE LAD’s head and that the number 8 dog had been half a length behind BERRIDALE LAD prior to the incident. He emphasised the issue was BERRIDALE LAD turning its head not that the dog had eased.
[14] Mr Roberts opened his case by stating he believed the Stewards were unjustly picking on the dog, emphasising that it had been put out for marring at its first start in this country.
[15] Mr Roberts emphasised the excellent performance of BERRIDALE LAD, stating the race, which was over 457 metres, was won in close to a record time. He also pointed out the 1 and 8 dogs that BERRIDALE LAD had beaten were very well performed dogs with good records on the track.
[16] With reference to DIRK THE JERK, Mr Roberts said it struggled with the bends and always made ground once balanced and able to run in a straight line. This was what that dog had done on this occasion and BERRIDALE LAD had done extremely well to outlast the other 2 dogs.
[17] Mr Roberts stated that BERRIDALE LAD’s head was only angled out marginally and that the dog was clearly not looking at the other dog. He pointed out there was a photographer wearing bright clothing standing close to the winning post and he raised the possibility BERRIDALE LAD might have briefly spotted this.
[18] Mr Roberts emphasised that it was only a glance outwards and that BERRIDALE LAD’s head was never turned towards DIRK THE JERK.
[19] We were asked to look at BERRIDALE LAD’s behaviour after the race. Mr Roberts pointed out the dog had showed interest only in the lure and not in the other dogs.
[20] Mr Roberts emphasised that at worst BERRIDALE LAD for 1 stride had its head turned slightly towards the outside of the track. He said BERRIDALE LAD had gone between 2 dogs when swinging for the run home. He said BERRIDALE LAD was not turning his head towards DIRK THE JERK but his head had turned outwards as a consequence of his taking an outwards stride. Had BERRIDALE LAD wanted to look at DIRK THE JERK, it would have had to turn its head right around as BERRIDALE LAD was wearing blinkers and was about a neck ahead of DIRK THE JERK. The dog had not done this.
[21] Mr Roberts disagreed with Mr Quirk in that he said BERRIDALE LAD had not eased stride whatsoever. When regard was had to the time of the race, it was impossible for the dog to have eased.
[22] Mr Roberts confirmed the dog’s previous stand-downs were for marring not failing to pursue.
[23] Mr Wanhalla spoke briefly. He agreed with Mr Roberts that the whole body of BERRIDALE LAD had moved out. BERRIDALE LAD had taken an outwards stride as its head moved forward. He said BERRIDALE LAD had shifted inwards shortly before this and been bumped, and that the dog was not running home in a straight line.
[24] Mr Quirk summed up by stating that BERRIDALE LAD free of interference had turned its head outwards away from the lure. He did not accept the body of BERRIDALE LAD was angled outwards at this time. He said the fact that BERRIDALE LAD had won the race was irrelevant and there was no questioning of BERRIDALE LAD’s ability.
[25] Mr Roberts concluded by stating that for one stride BERRIDALE LAD had glanced outwards and he disputed the fact that BERRIDALE LAD had lost ground as a consequence. In the next stride BERRIDALE LAD was pulling away from the other dogs.
Decision
[26] We have found the head-on video to be the most helpful. BERRIDALE LAD has received a bump from the number 1 dog, SOUTHERN LIGHTS, no more than 2 to 3 strides before the incident in question. It would be expected that this would have unbalanced BERRIDALE LAD at a time close to the incident in question.
[27] At the time BERRIDALE LAD’s head is turned out slightly, the dog has also stepped out on the track a little. The head movement is a short glance, at best, and is in keeping with the stride of the dog.
[28] There is no evidence BERRIDALE LAD was interested in DIRK THE JERK, which was about a neck behind BERRIDALE LAD at the time. The dog’s head is simply not turned sufficiently to suggest he was looking for that dog. Mr Roberts is correct when he stated BERRIDALE LAD showed no interest in the other dogs at the conclusion of the race but had gone straight for the lure, although this is not determinative of the issue before us. The dog may have spotted the photographer as Mr Roberts submitted. There is no way of knowing whether the photographer had briefly come to the attention of BERRIDALE LAD. He was positioned in the right place on the track for this to be a possibility.
[29] We find that the head of BERRIDALE LAD moves outwards slightly when the dog stepped outwards on the track for a stride shortly after being bumped by SOUTHERN LIGHTS. There is no noticeable loss of momentum at this time. We do not accept there was any easing in BERRIDALE LAD’s stride.
[30] In these circumstances, we are not satisfied on the balance of probabilities that BERRIDALE LAD has failed to pursue the lure.
[31] Mr Roberts’ application for review is successful and the suspension on 3 May 2016 at Invercargill of BERRIDALE LAD for a year pursuant to r 79.1.b for failing to pursue the lure is revoked.
Dated at Invercargill this 22nd day of May 2016.
Geoff Hall, Chairman
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