Non Raceday Inquiry – NZGRA v NJ Lloyd – Decision 15 July 2011

hearingid: 20cbe97c424ed09ec986ba5838da81d4

informantnumber: 66763

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decisiondate: 21/07/2011

hearing_title: Non Raceday Inquiry - NZGRA v NJ Lloyd - Decision 15 July 2011

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

NON RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Barry Alexander KITTO - Racing Investigator
Defendant: Nicole Joanne Lloyd - Licence Holder
Information No: 66763
Venue: Judicial Room, Addington Raceway
Date: 15th July 2011
Judicial Committee: KG Hales, Chairman - SC Ching, Committee Member
Plea: Admitted
Also Present: Mr D Lloyd - Lay Advocate, Ms K Williams - Registrar

ALLEGED:
Nicole Joanne Lloyd did, on 8th March 2011, at Christchurch, did make a statement which, was to her knowledge, false, orally and by electronic means to Racecourse Investigator Mr Barry Alexander Kitto, and Stipendiary Steward Nicholas Mark Ydgren in the execution of their duty, in breach of 88.1(w) of the New Zealand Greyhound Rules of Racing, and is therefore liable to the penalty or penalties which may be imposed in accordance with Rules 89.1, (a), (b), (c) and (d) of the New Zealand Greyhound Racing Rules.

SUMMARY OF FACTS:
Ms Nicole Joanne Lloyd (the defendant) is charged with one breach of Rule 88.1.w of the New Zealand Greyhound Racing Rules as per the Schedule of Charge in Information Number 66763.

The background to this offence is as follows:

• Ms Lloyd is the manager of Garrard’s Horse and Hound which operates from a building behind and connected to the horse stalls barn at Addington Raceway.
• They service the needs of trainers and owners in all three racing codes.
• Mr Mark Anthony Robinson is a trainer of greyhounds. On 28th January 2011, he nominated and started the greyhound “Brasch” in Race 2, The Challenge Opawa All Up Stakes for Class CO greyhounds held by the Christchurch Greyhound Racing Club at Addington Raceway.
• After the race the Greyhound “Brasch” was post race swabbed.
• On 8th February 2011, the Official Racing Analyst reported that “Brasch” had returned a positive swab for the prohibited substance Heptaminol.
• An investigation was commenced, and when interviewed on 9th February 2011, Mr Robinson stated he had obtained the product Kynoselen which contains Heptaminol through a friend, a Mr Tim Stevens, who had in turn purchased it in Australia.
• When again interviewed on 2nd March 2011, Mr Robinson made a statement where he admitted that he had made a false statement on 9th February 2011, with regard to where and from whom he had purchased the Kynoselen to protect someone else, who was an employee at Garrard’s Horse and Hound, Christchurch.
• Mr Robinson has been dealt with for his offending.
• Ms Lloyd was interviewed, and on 8th March 2011, made a statement.
• Ms Lloyd was re-interviewed and supplied a statement dated 30th March 2011.
• The second statement dated 30th March 2011 is Ms Lloyd’s explanation for making her false statement on 8th March 2011.

DEFENDANT’S SUBMISSIONS IN RESPONSE:
Mr Lloyd as Lay Advocate for the defendant, submitted that people will say things under pressure in order to prevent being charged for race day offences, interference etc or prevent losing a race.

The defendant, Nicole Lloyd, did nothing more than endeavour to protect her employer, an act virtually every loyal employee would do.

It is significant to stress that the sale of the Kynoselen was perfectly legal. It is not a prohibited substance. The ingredients in the New Zealand Kynoselen and the Australian Kynoselen differ slightly. The withholding period between the two countries also differs, but only by a few days. Garrard’s Horse and Hound is an Australia company, and the product was imported from the Australian parent company. Mr Lloyd stressed again that it is not an illegal substance, and can be purchased quite legally in this country today. In fact, it can be purchased via the internet.

The actions of the greyhound trainer did not help, and Ms Lloyd acknowledges that she may have been caught up in his dishonesty.

Ms Lloyd is a young lady with an excellent work ethic, and she has never caused any trouble or problems with racing officialdom. She is well respected and is always available to help and cooperate.

Ms Lloyd and Garrard’s Horse and Hound have been cooperative in this matter. They would have been well within their rights not to make any comment.

PENALTY SUBMISSIONS - RACING INTEGRITY UNIT
Mr Kitto submitted that there are no formulated “Penalty Guidelines” for breaches of the New Zealand Greyhound Racing Rules. The recommended starting point for an offence of this nature in the other racing codes is six months disqualification.

The principal offender, Mr Robinson, received a three month disqualification for breaching the Rule 88.1.w.

Ms Lloyd has committed a breach of the same rule, but, without Mr Robinson’s offending she would not have been involved. Ms Lloyd has stated that she felt “pressure” from Mr Robinson to confirm his explanation, and made a bad judgment call, and was then caught up in his dishonesty.

Her explanation for making the false statement is alluded to in the final two paragraphs of her 30th March statement.

Ms Lloyd is a solo mother, and enjoys a good reputation in her employment. She is also the holder of a permit to train under the New Zealand Thoroughbred Racing Rules.

Ms Lloyd is not in a strong financial position, but would be able to meet a fine if that is the penalty so imposed.

Ms Lloyd is entitled to credit as she has pleaded guilty at the earliest opportunity, and has requested this hearing on a race day to reduce industry costs.

DEFENDANT’S PENALTY SUBMISSIONS:
Ms Lloyd, in response, submitted:
• This is a first offence.
• Ms Lloyd has an impeccable record having never been in trouble with officialdom and that is after being licensed with New Zealand Thoroughbred Racing for something like twelve years.
• Ms Lloyd was cooperative with racing investigator, Mr BA Kitto. He made the point that Garrard’s Horse and Hound would have been well within their rights not to make any comment and could well have referred the matter to their customer, if there was to be any comment.
• The product sold to the greyhound trainer was not an illegal product.
• Ms Lloyd was doing nothing more than protecting the good name of her employer - something that the majority of loyal employees would do.
• Mr Lloyd contended that if a penalty is to be imposed, it should be at the very most minimal and in fact, should be nil.

sumissionsforpenalty:

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penalty:

Ms Nicole Lloyd has admitted one charge pursuant to the Rules of Greyhound Racing in relation to a false statement to Racing Inspector, Mr BA Kitto, in an interview conducted on 8th March 2011. The penalties which this committee can impose for a breach of this Rule are a fine not exceeding $10,000 and/or a suspension and/or a disqualification and/or a warning off.

Whilst not specifically categorised as such in the Rules of Greyhound Racing, the offence to which Ms Lloyd has admitted is akin to a serious racing offence in the Rules of either Thoroughbred or Harness racing. Thus, we do not share Mr Lloyd’s submission to us that the matter is trivial. The plain and simple fact of the matter is that Ms Lloyd told lies to Mr Kitto. She did so when she found out that trouble was afoot, having been alerted to that fact by the primary offender, Mr Mark Robinson, Licensed Greyhound Trainer, who had purchased the drug “Kynoselen” from Garrard’s, where Ms Lloyd is employed. As a consequence of the lies told, a more detailed investigation became necessary. As to whether or not Ms Lloyd would have told the truth on 8th March, had she been independently advised or supported in some way, we will never know. She told the hearing, understandably, that had she had the opportunity of receiving advice before the interview, that she would have told the truth straight away. Regrettably, it was not until the 30th March interview that Ms Lloyd admitted that she had lied to Mr Kitto.

It is relevant to note that there had been discussions in February 2011, prior to the taking of a formal statement on 8th March. Thus, Ms Lloyd had plenty of opportunity to consider what she was going to say in the interview on 8th March. These matters, we consider, are aggravating features when we come to consider the issue of penalty.

By way of mitigation, we note the following:

1. That this is a first offence for Ms Lloyd pursuant to the Rules of Greyhound Racing or pursuant to the Rules of Thoroughbred Racing or Harness Racing.
2. We note Ms Lloyd’s early admission of the charge.
3. We note her request to have the hearing on a Race Day to save industry costs.
4. Her eventual cooperation with Mr Kitto.
5. Ms Lloyd’s misguided loyalty to her employer.

A fine is an appropriate penalty in this case. In setting this fine, we have taken, as a starting point, the sum of $400 which is consistent with penalties imposed for offending of a similar nature in other codes. To our starting point we add the sum of $100 to reflect the aggravating features, making the fine $500.

However, we then take into account the mitigating factors and consider that quite a significant discount can then be applied against the sum of $500 just mentioned. That discount will be $250 making the penalty a fine of $250.

COSTS
Mr Kitto has advised that the Racing Integrity Unit does not seek any order as to costs, and there will be no award in favour of the Racing Integrity Unit accordingly. There will, however, be an order that Ms Lloyd contribute to the Judicial Control Authority costs of this hearing. The customary award for a half day hearing is $350, but in this situation we direct a contribution only towards Judicial Control Authority costs and that contribution will be $225.
 

hearing_type: Non-race day

Rules: 88.1(w)

Informant: Mr B A Kitto - Racing Investigator

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PersonPresent: Mr D Lloyd - Lay Advocate, Ms K Williams - Registrar

Respondent: Ms NJ Lloyd - License Holder

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