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Appeal – TJ Harrison

ID: JCA20079

Hearing Type:
Old Hearing

Hearing Type (Code):
thoroughbred-racing

Decision:

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    1. At the meeting of the Counties Racing Club, held at Paeroa on Wednesday 26 October 2006, Mr Harrison was convicted of a breach of Rule 304 and fined $750.00. Mr Harrison pleaded guilty to the charge. The Information setting out the details of the charge were read to him before evidence was heard.


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IN THE MATTER       of the Rules of Racing      

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BETWEEN                TREVOR JOHN HARRISON

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                                   Appellant

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AND                           NEW ZEALAND THOROUGHBRED RACING

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                                   Respondent

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______________________________________________________________

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DECISION OF APPEAL TRIBUNAL

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DATED THE 24TH NOVEMBER 2006

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_______________________________________________________________

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1.             Background

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    1. At the meeting of the Counties Racing Club, held at Paeroa on Wednesday 26 October 2006, Mr Harrison was convicted of a breach of Rule 304 and fined $750.00. Mr Harrison pleaded guilty to the charge. The Information setting out the details of the charge were read to him before evidence was heard.
      2. --
    2. It was alleged that Mr Harrison had failed to comply with a direction from the stipendiary stewards to delay the start of race 6. It was considered necessary to delay the start of that race because of an extended enquiry into the previous race. It is accepted on all sides that by the time the advice reached Mr Harrison from the TAB official, Mr McIntyre, all but one of the horses had been loaded in the starting gates. It was a race for apprentice riders.
      3. --

       

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    3. Following the decision of the Judicial Committee on 25 October Mr Harrison filed a Notice of Appeal. This included an appeal against the conviction notwithstanding the plea of guilty entered at the hearing.
      4. --
    4. Mr John McKenzie, the Chief Racecourse Inspector, then undertook certain enquiries. Mr McKenzie had been present at the hearing at Paeroa on 25 October. Mr McKenzie's enquiries established that in the conversation between Mr McIntyre and Mr Harrison confusion may have arisen. When Mr Harrison received the direction to delay the start he protested. That was unsurprising given the late advice and the fact that all but one of the horses was already in the starting stalls. In response Mr McIntyre has acknowledged that he said, amongst other things, that's your call. It is this conversation which is the foundation of Mr Harrison's appeal against conviction.
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  1. Stance of New Zealand Thoroughbred Racing
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    1. When Mr McKenzie became aware of the circumstances outlined he immediately made the position known and NZTR now seeks to withdraw the charge against Mr Harrison. Mr McKenzie has filed a comprehensive submission outlining the steps which he took.
      2. --
    2. The Appeal Tribunal considers that the stance taken by NZTR is appropriate in the circumstances. The conviction entered against Mr Harrison on 25 October under Rule 304 of the Rules of Racing is vacated.
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  2. Costs
    3. --
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    1. Mr Harrison seeks costs. His counsel, Mr Ryan, has filed a submission in support. Mr McKenzie has made a reply. These have been carefully considered by the Appeal Tribunal. Further, on the morning of 23 November, there was a telephone conference between the members of the Tribunal, Mr McKenzie and Mr Ryan. At that conference certain matters were clarified to the satisfaction of the Tribunal.
      2. --
    2. At the hearing at Paeroa on 25 October Mr Harrison said nothing whatever about the conversation with Mr McIntyre. That is most unfortunate. Had the conversation been related to the Judicial Panel on that day it is almost certain that further enquiries would have been directed. Mr McKenzie was present and those enquiries could have been made very promptly. The position would have been clarified there and then and almost certainly the charge of misconduct would not have proceeded.
      3. --

       

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    3. The Tribunal appreciates that Mr Harrison has been put to some trouble and expense. The Tribunal is sympathetic to the difficult position he was placed in on race day. Ideally the advice to delay the race ought to have been communicated earlier. This, of course, explains Mr Harrison's protest and the response from Mr McIntyre. It was, however, for Mr Harrison to explain these circumstances to the hearing at Paeroa and, regrettably, he did not do so. In the view of the Tribunal that circumstance is fatal to an application for costs.
      4. --
    4. The Tribunal directs that Mr Harrison have the deposit on the appeal refunded.
      5. --

       

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    5. Mr John Phelan has seen and approved this decision and has authorised the Chairman to sign on his behalf.
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Dated this 24th day of November 2006

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Murray McKechnie

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Chairman

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: 344a025c96cce7e8df50eb7f826f82e7

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Appeal - TJ Harrison

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

    --
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  1. At the meeting of the Counties Racing Club, held at Paeroa on Wednesday 26 October 2006, Mr Harrison was convicted of a breach of Rule 304 and fined $750.00. Mr Harrison pleaded guilty to the charge. The Information setting out the details of the charge were read to him before evidence was heard.


--

IN THE MATTER       of the Rules of Racing      

--

BETWEEN                TREVOR JOHN HARRISON

--

                                   Appellant

--

AND                           NEW ZEALAND THOROUGHBRED RACING

--

                                   Respondent

--

 

--

______________________________________________________________

--

DECISION OF APPEAL TRIBUNAL

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DATED THE 24TH NOVEMBER 2006

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_______________________________________________________________

--

 

--

1.             Background

--
    --
    --
  1. At the meeting of the Counties Racing Club, held at Paeroa on Wednesday 26 October 2006, Mr Harrison was convicted of a breach of Rule 304 and fined $750.00. Mr Harrison pleaded guilty to the charge. The Information setting out the details of the charge were read to him before evidence was heard.
    2. --
  2. It was alleged that Mr Harrison had failed to comply with a direction from the stipendiary stewards to delay the start of race 6. It was considered necessary to delay the start of that race because of an extended enquiry into the previous race. It is accepted on all sides that by the time the advice reached Mr Harrison from the TAB official, Mr McIntyre, all but one of the horses had been loaded in the starting gates. It was a race for apprentice riders.
    3. --

     

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  3. Following the decision of the Judicial Committee on 25 October Mr Harrison filed a Notice of Appeal. This included an appeal against the conviction notwithstanding the plea of guilty entered at the hearing.
    4. --
  4. Mr John McKenzie, the Chief Racecourse Inspector, then undertook certain enquiries. Mr McKenzie had been present at the hearing at Paeroa on 25 October. Mr McKenzie's enquiries established that in the conversation between Mr McIntyre and Mr Harrison confusion may have arisen. When Mr Harrison received the direction to delay the start he protested. That was unsurprising given the late advice and the fact that all but one of the horses was already in the starting stalls. In response Mr McIntyre has acknowledged that he said, amongst other things, that's your call. It is this conversation which is the foundation of Mr Harrison's appeal against conviction.
--
  • Stance of New Zealand Thoroughbred Racing
    • --
      --
    1. When Mr McKenzie became aware of the circumstances outlined he immediately made the position known and NZTR now seeks to withdraw the charge against Mr Harrison. Mr McKenzie has filed a comprehensive submission outlining the steps which he took.
      2. --
    2. The Appeal Tribunal considers that the stance taken by NZTR is appropriate in the circumstances. The conviction entered against Mr Harrison on 25 October under Rule 304 of the Rules of Racing is vacated.
      3. --
    3. Costs
      4. --
        --
      1. Mr Harrison seeks costs. His counsel, Mr Ryan, has filed a submission in support. Mr McKenzie has made a reply. These have been carefully considered by the Appeal Tribunal. Further, on the morning of 23 November, there was a telephone conference between the members of the Tribunal, Mr McKenzie and Mr Ryan. At that conference certain matters were clarified to the satisfaction of the Tribunal.
        2. --
      2. At the hearing at Paeroa on 25 October Mr Harrison said nothing whatever about the conversation with Mr McIntyre. That is most unfortunate. Had the conversation been related to the Judicial Panel on that day it is almost certain that further enquiries would have been directed. Mr McKenzie was present and those enquiries could have been made very promptly. The position would have been clarified there and then and almost certainly the charge of misconduct would not have proceeded.
        3. --

         

        --
      3. The Tribunal appreciates that Mr Harrison has been put to some trouble and expense. The Tribunal is sympathetic to the difficult position he was placed in on race day. Ideally the advice to delay the race ought to have been communicated earlier. This, of course, explains Mr Harrison's protest and the response from Mr McIntyre. It was, however, for Mr Harrison to explain these circumstances to the hearing at Paeroa and, regrettably, he did not do so. In the view of the Tribunal that circumstance is fatal to an application for costs.
        4. --
      4. The Tribunal directs that Mr Harrison have the deposit on the appeal refunded.
        5. --

         

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      5. Mr John Phelan has seen and approved this decision and has authorised the Chairman to sign on his behalf.
        6. --

        Dated this 24th day of November 2006

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        Murray McKechnie

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        Chairman

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