Appeal – NR McGrath & PB Burrows
ID: JCA18535
Hearing Type (Code):
thoroughbred-racing
Decision: --
The appellants appeal to the Appeal Tribunal against the decision of the Judicial Committee dated 15 September 2004, upon the grounds that the decision was wrong in fact and in law and that there were substantial breaches of the rules of natural justice and that the sentence was manifestly excessive and/or unreasonable.
| -- BEFORE THE APPEALS TRIBUNAL AT CHRISTCHURCH --IN THE MATTER OF - New Zealand Rules of Harness Racing --BETWEEN --Nigel Raymond McGRATH and Philip Benjamin BURROWS Appellants --AND HARNESS RACING NEW ZEALAND Respondent --HEARING 23 June 2005 --DECISION OF APPEALS TRIBUNAL --The appellants appeal to the Appeal Tribunal against the decision of the Judicial Committee dated 15 September 2004, upon the grounds that the decision was wrong in fact and in law and that there were substantial breaches of the rules of natural justice and that the sentence was manifestly excessive and/or unreasonable. ----Mr Hall appeared for both appellants, Mr Nigel McGrath and Mr Philip Burrows. As a result of discussions between Counsel, Mr Hall had instructed that the appeal against conviction in both cases was to be abandoned, but the appeal against sentence was to proceed. --Discussions took place between Counsel and this Tribunal prior to the hearing and we came to the conclusion that what had been discussed and been resolved by the parties was appropriate for the outcome of the appeal. An agreed Statement encompassing the decisions reached was drawn up and was read out to the hearing by the Chairman as follows: ----"The appellants withdraw their appeals against conviction. Whilst there has been a perception that a breach of rule 1001(1)(q) relates to a deliberate administration of a prohibited substance, the rule encompasses a variety of circumstances including deliberate administration and careless or negligent administration and accidental or non advertent administration. In this case it has not been alleged that either the appellant Mr McGrath or the appellant Mr Burrows have been involved in deliberate administration of propantheline but their conduct on the particular occasions breached respective rules." --Following discussions between Counsel and indications given by this Tribunal, the Tribunal proposes to allow the appeal against penalty. In the case of Mr McGrath the term of disqualification is reduced to eighteen months disqualification and that can apply to each charge but all to be served concurrently making a total of eighteen months disqualification, but all other orders stand. In the case of Mr Burrows the term of disqualification is quashed and we substitute a fine of $2000 which it will be noted is the same fine that was imposed upon Mr Keast. There is to be no order as to costs. The disqualification in respect of Mr McGrath is to commence on the 11th of July 2005." ---- Judge JS Bisphan - Chairman --Judge NF Smith ---- -- -- -- -- -- -- -- -- -- -- -- -- -- --
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Decision Date: 01/01/2001
Publish Date: 01/01/2001
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: 0fa0d4416ee9924ef9119e7db784c47d
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Appeal - NR McGrath & PB Burrows
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--The appellants appeal to the Appeal Tribunal against the decision of the Judicial Committee dated 15 September 2004, upon the grounds that the decision was wrong in fact and in law and that there were substantial breaches of the rules of natural justice and that the sentence was manifestly excessive and/or unreasonable.
| -- BEFORE THE APPEALS TRIBUNAL AT CHRISTCHURCH --IN THE MATTER OF - New Zealand Rules of Harness Racing --BETWEEN --Nigel Raymond McGRATH and Philip Benjamin BURROWS Appellants --AND HARNESS RACING NEW ZEALAND Respondent --HEARING 23 June 2005 --DECISION OF APPEALS TRIBUNAL --The appellants appeal to the Appeal Tribunal against the decision of the Judicial Committee dated 15 September 2004, upon the grounds that the decision was wrong in fact and in law and that there were substantial breaches of the rules of natural justice and that the sentence was manifestly excessive and/or unreasonable. ----Mr Hall appeared for both appellants, Mr Nigel McGrath and Mr Philip Burrows. As a result of discussions between Counsel, Mr Hall had instructed that the appeal against conviction in both cases was to be abandoned, but the appeal against sentence was to proceed. --Discussions took place between Counsel and this Tribunal prior to the hearing and we came to the conclusion that what had been discussed and been resolved by the parties was appropriate for the outcome of the appeal. An agreed Statement encompassing the decisions reached was drawn up and was read out to the hearing by the Chairman as follows: ----"The appellants withdraw their appeals against conviction. Whilst there has been a perception that a breach of rule 1001(1)(q) relates to a deliberate administration of a prohibited substance, the rule encompasses a variety of circumstances including deliberate administration and careless or negligent administration and accidental or non advertent administration. In this case it has not been alleged that either the appellant Mr McGrath or the appellant Mr Burrows have been involved in deliberate administration of propantheline but their conduct on the particular occasions breached respective rules." --Following discussions between Counsel and indications given by this Tribunal, the Tribunal proposes to allow the appeal against penalty. In the case of Mr McGrath the term of disqualification is reduced to eighteen months disqualification and that can apply to each charge but all to be served concurrently making a total of eighteen months disqualification, but all other orders stand. In the case of Mr Burrows the term of disqualification is quashed and we substitute a fine of $2000 which it will be noted is the same fine that was imposed upon Mr Keast. There is to be no order as to costs. The disqualification in respect of Mr McGrath is to commence on the 11th of July 2005." ---- Judge JS Bisphan - Chairman --Judge NF Smith ---- -- -- -- -- -- -- -- -- -- -- -- -- -- --
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sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 1001.1.q
Informant:
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StipendSteward:
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