hearingid: 6475c5a4cc3597c815f28a1d9c155ac0

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Non Raceday Inquiry - G C Small - 18 Dec 08 7

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

The defendant has been charged with a breach of Rule 303(2) of the Rules of Harness Racing by Stipendiary Steward Mr J. M. Muirhead.  The charge (Information 67184) preferred by Mr Muirhead reads as follows –

          “I, the above named informant allege that the above named Defendant

committed a breach of Rule 303(2) in that trainer G. Small misconducted himself when he spoke inappropriately to the Club’s Veterinarian Mr I. Bridge and would not allow him to carry out his duties as instructed by the Stipendiary Stewards."

BEFORE A JUDICIAL COMMITTEE

AT AUCKLAND      

IN THE MATTER of the

New Zealand Rules of

Harness Racing

                                                BETWEEN                 Barry Alexander KITTO                                                                               

Informant

AND                           Geoffrey Clemment SMALL

                                    Defendant

APPEARING:                                                Stipendiary Steward Mr J. M. Muirhead for Harness Racing New Zealand.

                                                                        Mr R. Lawson for Mr Small

                                                                        Mr G. C. Small

                                                                        Mr R. Carr – Manager ATC Trot 2008 Syndicate

                                                                        Ms R. Bak – Registrar

DATE OF HEARING:                                  18 December 2008

JUDICIAL COMMITTEE:                J. M. Phelan (Chairman)

                                                                        B. J. Rowe

DATE OF DECISION:                                 12 January 2009

                               DECISION OF THE JUDICIAL COMMITTEE

The defendant has been charged with a breach of Rule 303(2) of the Rules of Harness Racing by Stipendiary Steward Mr J. M. Muirhead.  The charge (Information 67184) preferred by Mr Muirhead reads as follows –

            “I, the above named informant allege that the above named Defendant

committed a breach of Rule 303(2) in that trainer G. Small misconducted himself when he spoke inappropriately to the Club’s Veterinarian Mr I. Bridge and would not allow him to carry out his duties as instructed by the Stipendiary Stewards."

            Rule 303(2) reads as follows –

“(2) No person or body who holds a permit or licence under these Rules and no owner, trainer, breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction, or instruction of any Stipendiary Steward, Racecourse Inspector or Starter.”

Mr Lawson had previously indicated that Mr Small admitted this breach of the

Rules, and this was confirmed at the hearing.

Summary of Facts:  

Mr Muirhead presented a “Summary of Facts” which is attached to this decision. 

Mr Small was the trainer and person in charge of “Tintin In America” which started in Race 7, the Perry Foundation Mobile Pace, at the Thames Harness Racing Club’s meeting at Alexandra Park on 24 October 2008.  “Tintin In America” was the favourite for the race and performed very disappointingly, finishing in second to last place.

Following the running of the race the Club’s Veterinarian, Mr Ivan Bridge, was directed by the Stipendiary Stewards to examine the horse, while Mr D. Butcher, the driver of “Tintin In America” was interviewed by the Stipendiary Stewards about the horse’s performance.

Mr Bridge went to the horse’s stall to carry out this examination, but after telling Mr Small the reason for his visit, Mr Small said to Mr Bridge – “tell them to fuck off”.  Mr Bridge replied “Are you sure that is what you want me to say?” and in response Mr Small replied – “Tell them I don’t want you to touch the horse, there is nothing wrong with him.”

Mr Bridge relayed this message to the Stipendiary Stewards.  After Race 8 Stipendiary Steward Mr Taumanu went to the stabling area to direct Mr Small to appear before the Stipendiary Stewards, but by this time he had left the course.

The information which is the subject of this hearing was laid that evening and adjourned to be heard on the 31 October 2008.  The matter was further adjourned and was set down for a defended hearing on 28 November 2008.  In between these times Mr Lawson advised that Mr Small would admit this breach.

It was acknowledged by Mr Lawson that Mr Small’s behaviour was unacceptable.  In explanation it was stated that at its previous start on 17 October 2008 “Tintin in America” was the hot favourite, and after breaking briefly at the start it raced ungenerously finishing 7^th.  No vet inspection was requested on that occasion, and there was no action taken by the Stipendiary Stewards.  Mr Small was bitterly disappointed with that performance, and he had his own vet look at the horse three times in the following week, with no indication that there was anything amiss. 

On the night of the present incident “Tintin in America” raced in a similar manner, again pulling very hard, but in faster time than the previous week.  Mr Lawson believed that the handling of these two incidents by the Stipendiary Stewards was somewhat inconsistent.   Mr Small was equally disappointed and disturbed by his horse’s performance, and he was agitated because of this.

Mr Small now realises his folly in not allowing his horse to be inspected by the Veterinarian, and is remorseful for his behaviour.  It was a spur of the moment reaction that he now regrets, and he did ring Mr Bridge the day after this incident and apologised to him for his language and conduct.

Submissions on Penalty: 

Mr Muirhead made written submissions on penalty and these are also attached to this decision.  The penalty provisions for a breach of Rule 303(2) are set out in Rule 1003, which provides as follows.

“1003(1) A person who commits a breach of any Rule shall (subject to the provisions of Rule 111(1), 113(5), 451(3), 507(4), 1001 or 1004 hereof) shall be liable to the following penalties:

(a)    a fine not exceeding $5,000;  and/or

(b)    suspension from holding or obtaining a licence for a period not exceeding 12 months; and/or

(c)     disqualification for a period not exceeding 12 months.

In addition to or in substitution of any penalty imposed pursuant to sub-rule(1) hereof, any horse connected with the breach of the Rule may be scratched or disqualified from any race and/or disqualified for a period not exceeding 12 months.”

It was Mr Muirhead’s submissions that Mr Small had exhibited unprofessional behaviour that should not be tolerated.  Firstly there was the unacceptable language used to the Club’s Veterinarian, and secondly the failure to allow his horse to be examined as ordered by the Stipendiary Stewards. 

Mr Muirhead also explained that it is common practice for Stipendiary Stewards to direct that a horse be examined by a Veterinarian when that horse fails to perform up to expectations.  These examinations are ordered to help provide an explanation for that performance to the racing public, the owners and other interested persons, including the trainer.

Mr Muirhead also referred to Rule 1114(2)(c) and (d), which provide as follows.

            “(2)         On finding a breach proved the Judicial Committee may impose any penalty                                      and/or affect any remedy provided by these Rules.  In imposing a penalty or                                       affecting any remedy provided in these Rules the Judicial Committee may have regard                            to such matters as they consider appropriate including: –

(a)     ….

(b)     ….

(c)     any consequential effects upon any person o

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 303.2, 111.1, 1114.2.c

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: