Non-Raceday Inquiry – JJ Clementson

hearingid: dfb16ef7c402d1edcdf5626f5554953c

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Non-Raceday Inquiry - JJ Clementson

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

The defendant is charged with one breach of Rule 502A of the Rules of Harness Racing.

DECISION OF THE JUDICAL COMMITTEE

The defendant is charged with one breach of Rule 502A of the Rules of Harness Racing. The charge (Information 66479) preferred by Racecourse Inspector Kitto reads as follows ?

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

committed a breach of Rule 502A in that on the 15^th day of October 2005, being the trainer of the horse "Little Tomtom" entered for a Race, namely heat 5 ? Non win trot ? and subsequently entered for heat 3 ? Learners Trot - at the Hororata Workouts conducted by the Hororata Trotting Club at the Hororata racecourse ? failed to ensure the correct horse was brought to the racecourse to start in those races in breach of Rule 502A and you and the horse are therefore liable to the penalty or penalties which may be imposed in accordance with Rule 1003(1)(a)(b)(c) and (2)(a)(b)(i)(ii)(iii) of the New Zealand Rules of Harness Racing."

Rule 502A reads as follows ?

"The trainer of a horse entered in a race shall ensure the correct horse is brought to the racecourse to start in that race."

Mr Clementson had indicated on the information that he admitted this

breach of the Rules, and he had also told Mr Kitto that he would not be attending this hearing; see Exh "3".

Mr Kitto produced written permission from the General Manager of Harness Racing New Zealand (Exh "1") to file this information.

The horse "Little Tomtom" was entered for two heats at the Hororata Workouts held at the Hororata Racecourse on 15 October 2005. In heat three the horse entered as "Little Tomtom", trained by Mr Clementson, ran and won that heat. It was however established that the horse was in fact "Down Hill Racer".

Mr Clementson was interviewed by Mr Kitto (Exh "10") on 25 October 2005. Mr Clementson stated that he had taken three horses to the workouts, these being "Little Tomtom", "Down Hill Racer" and "Crystal Folly". Mr Clementson also said that he took "Crystal Folly" and "Down Hill Racer" to the workouts himself, and that a licensed stable hand took "Little Tomtom". Mr Clementson was quite adamant that this is what had happened.

Mr Clementson also said that he had not spoken to anyone about this matter since the workouts. The stable hand named by Mr Clementson arrived at Mr Clementson's property while he was being interviewed, and Mr Clementson suggested he be spoken to so that he could confirm what had happened.

Mr Kitto then interviewed the stable hand, and was told that Mr Clementson had called and spoken to him on the Tuesday after the workouts. Mr Clementson had asked him to "tell the stipes" that he had taken a horse to the Hororata workouts for him. The stable hand told Mr Kitto that he had not taken a horse to the workouts for Mr Clementson.

When faced with this evidence Mr Clementson finally admitted that only two horses had been taken to the workouts, these being "Crystal Folly" and "Down Hill Racer".

During the interview Mr Clementson gave the following explanation.

"Well if I started Down Hill Racer I apologise for it, it should have been Tom Tom and it was just a real mix up and I?m sorry about it."

When Mr Clemenston was served with this Information on 14 December 2005

his explanation for this breach of the Rules was as follows.

"Oh it was just a real mistake that's all it was."

Having heard the evidence we make the following findings of fact.

--

--
• Mr Clementson took two horses, "Crystal Folly" and "Down Hill Racer", to the Hororata racecourse on 15 October 2005.
--
• Mr Clementson was fully aware that "Little Tomtom" had not been taken to the racecourse.
--
• Mr Clementson was fully aware that he was starting "Down Hill Racer" in heat 3 ? Learners Trot ? in the name of "Little Tomtom".
--
• Mr Clementson lied to Mr Kitto when he said that "Little Tomtom" had been brought to the racecourse.
--
• Mr Clementson asked a licensed stable hand to support his story by telling Mr Kitto lies.

As to the penalties available on conviction.

Rule 1003 provides for a fine not exceeding $5000-00, and/or a suspension from holding or obtaining a licence or disqualification for a period not exceeding 12 months.

--

--
• That the horse connected with the breach may be scratched or disqualified from any race, and/or disqualified for a period not exceeding 12 months.

Mr Kitto produced a copy of the "Trainer Penalty Report" for Mr Clementson

and there were no convictions that were relevant to this breach of the Rules.

As to the facts of this matter the only thing in favour of Mr Clementson is that he

pleaded guilty at the earliest opportunity. The aggravating factors are -

--

--
• He told deliberate lies when interviewed.
--
• He continued to tell lies when given opportunities to correct what he had said.
--
• He implicated an innocent person by asking him to tell lies.

Mr Kitto referred us to three decisions which are relevant as to penalty. The

decisions in J. W. Smolenski (1990) and R. M. Cameron (2004) related to cases where the wrong horse was accidentally brought to the racecourse , and in both cases a fine of $500-00 was imposed.

In B. A. O?Meara and D. P. Campbell (1998) a horse was entered in a workout under the wrong name. This was done deliberately with the intention of protecting the horse from unwanted attention. Both defendants pleaded guilty to the charge and were always co-operative during the enquiry. In that case each defendant was fined the sum of $1250-00.

Mr Kitto said that HRNZ believed that a penalty of disqualification would be appropriate in this case had the offending been at a Trials or Totalisator meeting. However a monetary penalty at the upper end of what might be imposed could be a sufficient deterrent in this case.

Having considered all the above matters we find that the only thing that can be said in favour of Mr Clementson is that he pleaded guilty to this charge. There are serious aggravating factors which are as follows.

--

--
• Mr Clementson lied to Mr Kitto during a lengthy interview, during which he was given several opportunities to tell the truth.
--
• Mr Clementson lied when he said that he had not spoken to anyone between 15 October 2005 and when he was interviewed by Mr Kitto on 25 October 2005. It is clear that he had spoken to the licensed stable hand on about 18 October 2005.
--
• Mr Clementson asked the licensed stable hand to lie for him.

We have taken into account what Mr Kitto has said in relation to penalty and we agree that this breach of the Rules can be dealt with by means of a fine instead of a suspension or disqualification. Mr Clementson told Mr Kitto that he would prefer a fine.

The $500-00 fines imposed in the Smolenski and Cameron cases reflected the fact that both were genuine mistakes which were quickly detected and admitted. The fines of $1250-00 imposed in the O?Meara and Campbell case were on the basis that there was an intention to start the horse in the wrong name, but the breach was admitted at the first opportunity.

We find that Mr Clementson's breach of the Rules is more serious than the O?Meara and Campbell case.

Taking all the above matters into account Mr Clementson will be fined the sum of $2500-00.

There is a provision in the Rules to disqualify a horse connected with this breach, but we have decided that this is not necessary in this case.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 1003.1.a.b.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: