Non Raceday Inquiry – M F Yusof heard 15 Dec 08

hearingid: 75404f3ef3f878b0bd84ffddbf035443

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - M F Yusof heard 15 Dec 08

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IN THE MATTER OF THE NEW ZEALAND RULES OF RACING

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BETWEEN         NZ THOROUGHBRED RACING

                                  Informant

AND                   MOHD FADZIL YUSOF

                          Defendant

HEARING:                                Monday 15 December 2008

JUDICIAL COMMITTEE Mr R M Seabrook (Chairman)

                                                            Mr J Holloway

IN ATTENDANCE                      Mr M F Yusof (Defendant)

                                                            Mr M P Moroney (for M F Yusof)

                                                            Mr J W McKenzie (Chief Racecourse Inspector,

                                                                        NZ Thoroughbred Racing)

                                                            BF McKenzie (Racecourse Inspector, NZ Thoroughbred Racing) 

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DECISION OF THE JUDICIAL COMMITTEE

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The Judicial Committee has before it an information setting out three charges against the Defendant,

IN THE MATTER OF THE NEW ZEALAND RULES OF RACING

BETWEEN                               NZ THOROUGHBRED RACING

                                                               Informant

AND                                        MOHD FADZIL YUSOF

                                               Defendant

HEARING:                                Monday 15 December 2008

JUDICIAL COMMITTEE            Mr R M Seabrook (Chairman)

                                               Mr J Holloway

IN ATTENDANCE                     Mr M F Yusof (Defendant)

                                               Mr M P Moroney (for M F Yusof)

                                               Mr J W McKenzie (Chief Racecourse Inspector,

                                                            NZ Thoroughbred Racing)

                                               Mr B F McKenzie (Racecourse Inspector, NZ Thoroughbred Racing)

_________________________________________________________________________________________________

DECISION OF THE JUDICIAL COMMITTEE

_________________________________________________________________________________________________

The Judicial Committee has before it an information setting out three charges against the Defendant,

a licensed apprentice jockey, under Rule 304 of the NZ Rules of Racing (the misconduct rule).  Those charges are:

1.         THAT on or about Wednesday the 27^th day of August 2008 at Matamata, being a licensed apprentice jockey within the meaning of Rule 303 of the New Zealand Rules of Racing, you did misconduct yourself within the meaning of Rule 304 of the said Rules IN THAT you did assault stablehand Paramasivan Patchimuthu also known as Siva AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1003 of the said Rules.

and further

2.         THAT on Sunday the 21 September 2008 at Matamata, being a licensed apprentice jockey within the meaning of Rule 303 of the New Zealand Rules of Racing, you did misconduct yourself within the meaning of Rule 304 of the said Rules IN THAT you did assault stablehand Benjamin George Lang AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1003 of the said Rules.

and further

3.         THAT on or about the 2^nd day of September 2008 at the Matamata Racecourse, being a licensed apprentice jockey within the meaning of Rule 303 of the New Zealand Rules of Racing, you did misconduct yourself within the meaning of Rule 304 of the said Rules IN THAT you did use threatening language directed at track rider Megan Woollams namely the words ‘Watch out your dog is next, I’m going to fuckin kill it, don’t think I wont you bitch’ AND THAT you are thereby liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1003 of the said Rules.

Rule 304 states:

Every holder of any licence or permit or certificate or registration mentioned in the last preceding Rule and every owner, owner/trainer, stablehand, unlicensed apprentice, racing manager or official or employee of any club who misconducts himself in any way commits a breach of these Rules.

After hearing preliminary submissions from Mr Moroney and Mr JW McKenzie, the Defendant elected to admit charges 1 and 2.  He denied charge 3.

Evidence was heard from witnesses for NZTR and the Defendant relating to the defended charge (3).  Whilst it was clear to the committee there was a verbal incident between the complainant and the Defendant, a witness called on behalf of the Defendant gave rise to some doubt as to what exactly may have said by the Defendant.  The committee also accepts the submission from Mr Moroney that the Defendant may have misunderstood a relevant question from the Inspector when he was interviewed about the incident.  There being some doubt in this matter the Committee find that charge (3) is not proven.

Mr JW McKenzie then presented a summary of the facts involving the two charges that were admitted.  The first related to an incident on the 27 August 2008 when the Defendant punched a fellow Malaysian stablehand in the mouth, when the complainant and his employer, a licensed trainer, were having discussions with the Defendant over a matter.

The second incident occurred on the 21 September 2008 and involved an allegation by a stablehand that the Defendant kicked him in the face at a house on the property of another licensed trainer during discussions between the two involving an allegation by the Defendant that the stablehand had stolen some money.   The Defendant has denied the kicking of the complainant and claimed he punched him.

Submissions were heard on penalty.  On behalf of NZTR, Mr McKenzie recommended a period of suspension for one month and a fine of $1000.00 on each charge was appropriate having regard to the facts of the case and taking into account the principles of sentencing.  He stated that account had to be taken of the guilty plea and the Defendant acknowledgement of his problems and the need of the Defendant to be in paid employment.

Mr Moroney spoke in glowing terms of the advancement made by the Defendant since he had arrived in Matamata with his family.  He asked the committee to accept Mr McKenzie’s recommendation as to penalty.

PENALTY

The Committee carefully considered all submissions and in arriving at the decision as to penalty took into account the following matters:

·                The guilty plea of the Defendant to the two misconduct charges involving assault.

·                The need for the penalty to include a deterrent element and send a clear message to all in the industry that this type of behaviour involving violence will not be condoned and people cannot take the law into their own hands.

·                The personal commitments of the Defendant and his need for paid employment in the industry

·                The acknowledgement by the Defendant that he does have a problem and the undertaking by Mr Moroney to assist and guide him in this regard.

Accordingly, the Judicial Committee imposes a penalty of one months suspension on charges 1 and 2 to be served concurrently with the suspension commencing on the 15^th December 2008 and concluding after racing on the 14^th January 2009.  In addition a fine of $1000.00 is imposed on each charge and there will be an award of costs totalling $750.00 to the JCA.

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