Non Raceday Inquiry – HRNZ v LL Donald 15 October 2009 decision
ID: JCA20636
Hearing Type (Code):
thoroughbred-racing
Decision:
BEFORE A JUDICIAL COMMITTEE
--HELD AT CHRISTCHURCH
----
IN THE MATTER of Information No. 68051
----
BETWEEN BARRY ALEXANDER KITTO, Racecourse Inspector for Harness Racing New Zealand
--Informant
----
AND LESLIE LAURENCE DONALD, Licensed Advanced Amateur Driver
--Defendant
----
Date of Hearing: Thursday, 15 October 2009
--Venue: Judicial Room, Addington Raceway, Christchurch
--Present: Mr B A Kitto (the Informant)
--Mr David Jackson (Counsel for the Informant)
--Mr L L Donald (the Defendant)
--Mr J A Tannahill (Counsel for the Defendant)
--Mr S P Renault (Stipendiary Steward)
--Mr Mark Bennet (Registrar)
--Date of Decision: 21 October 2009
----
--
RESERVED DECISION OF JUDICIAL COMMITTEE
----
The Charges
--[1] Information No. 68051, filed by the Informant, alleges four breaches of Rule 505 (1) of the New Zealand Rules of Harness Racing by the Defendant, Mr L L Donald, the holder of an Advanced Amateur Driver’s licence, which breaches may be summarised as follows:
----
1. On 19 May 2009, he did drive CELLA in Race 9, J W Sport Amateur Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse CELLA driven by himself;
----
2. On 9 June 2009, he did drive TALKATIVE HIGH in Race 9, The George Peters Memorial Amateur Mobile Pace, at a meeting held by Rangiora Harness Racing Club at Addington Raceway and did bet on horses in the said race except on the horse TALKATIVE HIGH driven by himself;
----
3. On 23 June 2009, he did drive ALLERGEE in Race 9, Amateur Drivers Supporting Harness Racing Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse ALLERGEE driven by himself; and
--4. On 30 June 2009, he did drive ALLERGEE in Race 9, Amateur Drivers Supporting Harness Racing Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse ALLERGEE driven by himself.
----
BEFORE A JUDICIAL COMMITTEE
--HELD AT CHRISTCHURCH
----
IN THE MATTER of Information No. 68051
----
BETWEEN BARRY ALEXANDER KITTO, Racecourse Inspector for Harness Racing New Zealand
--Informant
----
AND LESLIE LAURENCE DONALD, Licensed Advanced Amateur Driver
--Defendant
----
Date of Hearing: Thursday, 15 October 2009
--Venue: Judicial Room, Addington Raceway, Christchurch
--Present: Mr B A Kitto (the Informant)
--Mr David Jackson (Counsel for the Informant)
--Mr L L Donald (the Defendant)
--Mr J A Tannahill (Counsel for the Defendant)
--Mr S P Renault (Stipendiary Steward)
--Mr Mark Bennet (Registrar)
--Date of Decision: 21 October 2009
----
--
RESERVED DECISION OF JUDICIAL COMMITTEE
----
The Charges
--[1] Information No. 68051, filed by the Informant, alleges four breaches of Rule 505 (1) of the New Zealand Rules of Harness Racing by the Defendant, Mr L L Donald, the holder of an Advanced Amateur Driver’s licence, which breaches may be summarised as follows:
----
1. On 19 May 2009, he did drive CELLA in Race 9, J W Sport Amateur Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse CELLA driven by himself;
----
2. On 9 June 2009, he did drive TALKATIVE HIGH in Race 9, The George Peters Memorial Amateur Mobile Pace, at a meeting held by Rangiora Harness Racing Club at Addington Raceway and did bet on horses in the said race except on the horse TALKATIVE HIGH driven by himself;
----
3. On 23 June 2009, he did drive ALLERGEE in Race 9, Amateur Drivers Supporting Harness Racing Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse ALLERGEE driven by himself; and
--4. On 30 June 2009, he did drive ALLERGEE in Race 9, Amateur Drivers Supporting Harness Racing Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse ALLERGEE driven by himself.
----
A letter signed by Mr Edward Rennell, General Manager of Harness Racing New Zealand, pursuant to Rule 1103 (4) (c) was produced.
----
The Rule
--[2] Rule 505 of the New Zealand Rules of Harness Racing provides as follows:
----
(1) No horseman in a race shall bet on any horse except on the horse driven by himself.
--(2) A breach of this Rule is declared to be a serious racing offence.
----
Plea
--[3] Mr Tannahill waived reading of the charges and the Rule and informed the Committee that all four charges were admitted by Mr Donald. The charges were therefore found to be proved.
----
The Facts
--[4] The following facts were agreed:
----
(i) Mr Donald, a Licensed Advanced Amateur Driver, was the driver of the horses in the races as set out in the Schedule of Charges (see above). These were all races on which the TAB was operating quinella, trifecta, Fi
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: 7132d33120c56744f8fb54c17592b4ec
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/01/2001
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Non Raceday Inquiry - HRNZ v LL Donald 15 October 2009 decision
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
BEFORE A JUDICIAL COMMITTEE
--HELD AT CHRISTCHURCH
----
IN THE MATTER of Information No. 68051
----
BETWEEN BARRY ALEXANDER KITTO, Racecourse Inspector for Harness Racing New Zealand
--Informant
----
AND LESLIE LAURENCE DONALD, Licensed Advanced Amateur Driver
--Defendant
----
Date of Hearing: Thursday, 15 October 2009
--Venue: Judicial Room, Addington Raceway, Christchurch
--Present: Mr B A Kitto (the Informant)
--Mr David Jackson (Counsel for the Informant)
--Mr L L Donald (the Defendant)
--Mr J A Tannahill (Counsel for the Defendant)
--Mr S P Renault (Stipendiary Steward)
--Mr Mark Bennet (Registrar)
--Date of Decision: 21 October 2009
----
--
RESERVED DECISION OF JUDICIAL COMMITTEE
----
The Charges
--[1] Information No. 68051, filed by the Informant, alleges four breaches of Rule 505 (1) of the New Zealand Rules of Harness Racing by the Defendant, Mr L L Donald, the holder of an Advanced Amateur Driver’s licence, which breaches may be summarised as follows:
----
1. On 19 May 2009, he did drive CELLA in Race 9, J W Sport Amateur Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse CELLA driven by himself;
----
2. On 9 June 2009, he did drive TALKATIVE HIGH in Race 9, The George Peters Memorial Amateur Mobile Pace, at a meeting held by Rangiora Harness Racing Club at Addington Raceway and did bet on horses in the said race except on the horse TALKATIVE HIGH driven by himself;
----
3. On 23 June 2009, he did drive ALLERGEE in Race 9, Amateur Drivers Supporting Harness Racing Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse ALLERGEE driven by himself; and
--4. On 30 June 2009, he did drive ALLERGEE in Race 9, Amateur Drivers Supporting Harness Racing Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse ALLERGEE driven by himself.
----
BEFORE A JUDICIAL COMMITTEE
--HELD AT CHRISTCHURCH
----
IN THE MATTER of Information No. 68051
----
BETWEEN BARRY ALEXANDER KITTO, Racecourse Inspector for Harness Racing New Zealand
--Informant
----
AND LESLIE LAURENCE DONALD, Licensed Advanced Amateur Driver
--Defendant
----
Date of Hearing: Thursday, 15 October 2009
--Venue: Judicial Room, Addington Raceway, Christchurch
--Present: Mr B A Kitto (the Informant)
--Mr David Jackson (Counsel for the Informant)
--Mr L L Donald (the Defendant)
--Mr J A Tannahill (Counsel for the Defendant)
--Mr S P Renault (Stipendiary Steward)
--Mr Mark Bennet (Registrar)
--Date of Decision: 21 October 2009
----
--
RESERVED DECISION OF JUDICIAL COMMITTEE
----
The Charges
--[1] Information No. 68051, filed by the Informant, alleges four breaches of Rule 505 (1) of the New Zealand Rules of Harness Racing by the Defendant, Mr L L Donald, the holder of an Advanced Amateur Driver’s licence, which breaches may be summarised as follows:
----
1. On 19 May 2009, he did drive CELLA in Race 9, J W Sport Amateur Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse CELLA driven by himself;
----
2. On 9 June 2009, he did drive TALKATIVE HIGH in Race 9, The George Peters Memorial Amateur Mobile Pace, at a meeting held by Rangiora Harness Racing Club at Addington Raceway and did bet on horses in the said race except on the horse TALKATIVE HIGH driven by himself;
----
3. On 23 June 2009, he did drive ALLERGEE in Race 9, Amateur Drivers Supporting Harness Racing Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse ALLERGEE driven by himself; and
--4. On 30 June 2009, he did drive ALLERGEE in Race 9, Amateur Drivers Supporting Harness Racing Mobile Pace, at a meeting held by New Zealand Metropolitan Trotting Club at Addington Raceway and did bet on horses in the said race except on the horse ALLERGEE driven by himself.
----
A letter signed by Mr Edward Rennell, General Manager of Harness Racing New Zealand, pursuant to Rule 1103 (4) (c) was produced.
----
The Rule
--[2] Rule 505 of the New Zealand Rules of Harness Racing provides as follows:
----
(1) No horseman in a race shall bet on any horse except on the horse driven by himself.
--(2) A breach of this Rule is declared to be a serious racing offence.
----
Plea
--[3] Mr Tannahill waived reading of the charges and the Rule and informed the Committee that all four charges were admitted by Mr Donald. The charges were therefore found to be proved.
----
The Facts
--[4] The following facts were agreed:
----
(i) Mr Donald, a Licensed Advanced Amateur Driver, was the driver of the horses in the races as set out in the Schedule of Charges (see above). These were all races on which the TAB was operating quinella, trifecta, Fi
sumissionsforpenalty:
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hearing_type: Old Hearing
Rules: 505.1, 1103.4.c, 1001.2, 505.2, 1114.2.d
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