Appeal L Molloy v RIU – Ruling of Appeals Tribunal Dated 23 September 2020 – Chair, The Hon Sir J Hansen
ID: JCA12287
Decision:
BEFORE AN APPEALS TRIBUNAL OF
THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Thoroughbred Racing
BETWEEN-
Mr LEO MOLLOY
Owner
Appellant-
AND-
RACING INTEGRITY UNIT (RIU)
Respondent
APPEALS TRIBUAL: -The Hon Sir J Hansen (Chairman)
Mr M McKechnie (Member)
RULING OF APPEALS TRIBUNAL DATED 23 SEPTEMBER 2020
[1]-Appealing the FINDING AND PENALTY of the Non Raceday Inquiry decision of 3 August 2020 where Mr. Leo Molloy was charged with a serious racing offence, a breach of Rule 801(1)(s)(ii)) of the New Zealand Thoroughbred Racing Inc Rules of Racing. Penalty: 12 months disqualification and $5,000 fine plus RIU costs of $7,000 and JCA costs of $3,000.
[2]-A teleconference was held to deal with issues relating to the hearing of the Appeal and Minute issued.
[3]-Subsequently, while still maintaining he was right Mr Molloy withdrew his Appeal.
[4]-RIU sought costs that Mr Molloy opposed.
[5]-The lodging of the Appeal necessarily involved workload on behalf of the RIU and also by the JCA. This only because of Mr Molloy’s action in appealing.
[6]-On that basis we award costs of $2,000 to the RIU and contribution towards the JCA costs of $1,500.
Dated this 23 September 2020
The Hon Sir J Hansen
Chairman
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 24/09/2020
Publish Date: 24/09/2020
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.
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decisiondate: 24/09/2020
hearing_title: Appeal L Molloy v RIU - Ruling of Appeals Tribunal Dated 23 September 2020 - Chair, The Hon Sir J Hansen
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appealdecision: NO LINKED APPEAL DECISION
isappeal:
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Decision:
BEFORE AN APPEALS TRIBUNAL OF
THE JUDICIAL CONTROL AUTHORITY
UNDER THE RACING ACT 2003
AND IN THE MATTER of the New Zealand Rules of Thoroughbred Racing
BETWEEN-
Mr LEO MOLLOY
Owner
Appellant-
AND-
RACING INTEGRITY UNIT (RIU)
Respondent
APPEALS TRIBUAL: -The Hon Sir J Hansen (Chairman)
Mr M McKechnie (Member)
RULING OF APPEALS TRIBUNAL DATED 23 SEPTEMBER 2020
[1]-Appealing the FINDING AND PENALTY of the Non Raceday Inquiry decision of 3 August 2020 where Mr. Leo Molloy was charged with a serious racing offence, a breach of Rule 801(1)(s)(ii)) of the New Zealand Thoroughbred Racing Inc Rules of Racing. Penalty: 12 months disqualification and $5,000 fine plus RIU costs of $7,000 and JCA costs of $3,000.
[2]-A teleconference was held to deal with issues relating to the hearing of the Appeal and Minute issued.
[3]-Subsequently, while still maintaining he was right Mr Molloy withdrew his Appeal.
[4]-RIU sought costs that Mr Molloy opposed.
[5]-The lodging of the Appeal necessarily involved workload on behalf of the RIU and also by the JCA. This only because of Mr Molloy’s action in appealing.
[6]-On that basis we award costs of $2,000 to the RIU and contribution towards the JCA costs of $1,500.
Dated this 23 September 2020
The Hon Sir J Hansen
Chairman
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