Non Raceday Inquiry – NZTR v BP Frew 25 May 2010 – Decision

hearingid: f82cc3f9cd90308a59c8d3c37564f7e8

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Non Raceday Inquiry - NZTR v BP Frew 25 May 2010 - Decision

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

NON RACEDAY JUDICIAL COMMITTEE DECISION

Informant:    R.D. Scott, Racecourse Inspector

Defendant:   Bradley Peter Frew, a Licensed Class D and

Class B Miscellaneous Rider

Information No:    10/46

Date:    25 May 2010

Venue:    Beaumaris Room, Riccarton Park

Rule Nos:    801(1)(h) and 801(2)

Judicial Committee:    KG Hales, Chairman - JM Phelan, Committee Member

Plea:    Admitted

Also Present:     Mr J McKenzie, Chief Racecourse Inspector

                        Mr D Lloyd (Lay Advocate in support of defendant)

                        Mr J McLaughlin, Stipendiary Steward - Observer

FACTS:         

At the commencement of the hearing Mr McKenzie produced authorisation pursuant to Rule 903(2)(d) of the New Zealand Rules of Racing whereby permission was granted by the Chief Executive Officer of New Zealand Thoroughbred Racing (“NZTR”) for an Information to be laid against the defendant.

On 1 April 2010, the defendant, Bradley Peter Frew, completed an application for a NZTR Class D Rider’s Licence.  This is a Jumps Licence.  He completed the application in his own handwriting.  

In the application form, Question 27 asks:

CRIMINAL HISTORY

“Have you ever been convicted in a District or other Court of any offence against the Statutory Laws of New Zealand or any other country?  Yes or no.  If the answer is “yes”, then the applicant is to provide full details.” 

The defendant answered “No” to Question 27, and having signed it, forwarded it to the Licensing Officer at NZTR in Wellington. 

NZTR records show that the defendant had previously been an Apprentice Jockey from December 2000 until December 2002.  He was also registered as a stable hand/track work rider, with two North Island stables until 2008 and from September 2008, until July 2009, in a South Island stable. 

The application was duly processed and issued by the Licensing Committee of NZTR on 3 May 2010. 

As a result of a North Island field staff member seeing that the defendant had been issued with a licence, enquiries were commenced.

It was established by NZTR that the defendant had four criminal convictions entered under his name in the Taupo District Court between 30 April 2004 and 14 March 2007. 

His first conviction of 30 April 2004 would have prevented the defendant from being involved with licensed stables, or being allowed to ride as a licensed person, without obtaining an exemption from NZTR pursuant to the Rules.

There was no record of the defendant having applied for an exemption.

The defendant was interviewed on 17 May 2010 and he acknowledged, having completed the application and admitted that he had answered question 27 incorrectly.

By explanation, he stated that as the convictions were minor, and some years old, he did not believe that he needed to mention these. 

As a consequence, Mr Frew was charged with a serious racing offence pursuant to Rule 801(1)(h) and 801(2).

The rule reads as follows:

“SERIOUS RACING OFFENCES

801(1)  A person commits a Serious Racing Offence within the meaning of

these Rules who:

(h)        wilfully supplies false or misleading information, or makes a false or misleading declaration or statement, respecting any matter connected with racing or otherwise in connection with these Rules to a Tribunal, NZTR, or Committee of a Club a Stipendiary Steward, an Investigator or any other body or tribunal or is knowingly a party to the giving of, false or misleading information or particulars;

801(2)  A person who commits a Serious Racing Offence shall be liable to:

            (a)        be disqualified for any specific period or for life; and/or

                        (b)        be suspended from holding or obtaining a Licence for a period

not exceeding 12 months.  If a Licence is renewed during a term of suspension, then the suspension shall continue to apply to the renewed Licence; and/or

            (c)        a fine not exceeding $50,000.

SUBMISSIONS ON PENALTY:

Mr J McKenzie, Chief Racecourse Inspector, submitted that the fundamental cornerstone on which NZTR relies on in processing applications for licences, is honesty.  He said that all those who make up applications are expected to tell the truth in all matters connected with racing.  Having regard to the simple nature of question 27, which also uses the words “criminal history”, an incorrect answer could only be read as a wilful intent to deceive.  Mr McKenzie submitted that this was a serious racing offence, and that persons charged with serious racing offences can expect to be disqualified, or suspended when a serious racing offence is committed.  Mr McKenzie said that had the defendant answered the question honestly in the first instance that he would have qualified for an exemption from the provisions of s.34 of the Racing Act.  Mr McKenzie, however, asked us to take into account that the defendant has not gained anything personally form a third party, and acknowledged that Mr Frew only has limited resources.  He confirmed that Mr Frew is now in the process of applying to NZTR for an exemption, and in this instance, did not believe that it was necessary for a suspension or disqualification to be imposed.  Mr McKenzie submitted to us that a fine in the region of $550 together with costs in favour of NZTR and in favour of the JCA should be imposed.

Mr D Lloyd, acting as a lay advocate for Mr Frew, told the hearing that Mr Frew readily acknowledged his guilt and that he had been cooperative with the Racecourse Inspector when challenged with the incorrect application form.  He said that Mr Frew had been involved with the racing industry for quite a period of time, and that he knew that what he had done was a very silly thing to do.  He asked that some credit be given for the fact that the first conviction that he incurred was when Mr Frew was 18 years of age.  Mr Lloyd also produced a number of references on behalf of Mr Frew, which demonstrated that Mr Frew is thought well of by a number of well known licence holders in the Canterbury region.

He said that Mr Frew made an “honest mistake”.

Mr Lloyd also submitted to us that because of Mr Frew’s limited resources that he felt that only a nominal fine should be imposed.

PENALTY DECISION:

In setting the penalty, we have taken into account Mr Frew’s early admission of guilt, his cooperation with the Racecourse Inspector, and his cooperation in today’s hearing.  We also accept that Mr Frew has limited financial resources at this stage.

However, it is of concern that Mr Frew breached the fundamental requirement of people involved with the racing industry, to be transparent, and to answer questions in application forms honestly.  Mr Lloyd, in his submissions to us, suggested that the defendant had made ‘an honest mistake”, but it is hard to see how the defendant could have made such a mistake in answer to a very simple question when possessed of the knowledge that he has criminal convictions, over a period between April 2004 and March 2007. 

Having taken all matters into consideration, we impose the following penalties:

·        Fine                                                                                          $500.00

·        Costs in favour of New Zealand Thoroughbred Racing              $150.00

·        A contribution to the Judicial Control Authority’s costs

·        in the sum of                                                                             $225.00

………………………………                        ……………………………….

KG Hales                                                         JM Phelan

CHAIRMAN                                                     Committee Member

Information No: 10/46

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules:

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: