Non Raceday Inquiry – NZTR v HJ Qualtrough 4 December 2009 – decision

hearingid: 602c17d7dcee0bce1af8eb1a3d914f8d

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startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - NZTR v HJ Qualtrough 4 December 2009 - decision

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BEFORE A JUDICIAL COMMITTEE

AT WELLINGTON

IN THE MATTER              of the New  Zealand Rules of Racing

BETWEEN

                                     NEW ZEALAND 

THOROUGHBRED RACING (NZTR)

                                          Informant

AND             

Hamish John QUALTROUGH

                                          Defendant

DATE OF HEARING: 4 December 2009

VENUE:                                  JCA Offices, AMI Centre, Level 4, 342 Lambton Quay, Wellington

PRESENT:                              J W McKenzie (Chief Racecourse Inspector) for New Zealand Thoroughbred Racing

                                                 H J Qualtrough (Defendant

                                                 N Hampton QC - Chairman

                                                 J Phelan

                                                 P Williams (Registrar)

DATE OF DECISION:            4 December 2009

________________________________________________________________________

DECISION OF JUDICIAL COMMITTEE

PRELIMINARY

1              Under Rule 108(4) of the Amended Rules of Racing which came into effect on 5 October 2009 this matter is to be heard, and has been heard, under the Rules in force on 4 October 2009, because factually the matters in the charges occurred substantially or indeed entirely before 5 October 2009. 

BEFORE A JUDICIAL COMMITTEE

AT WELLINGTON

IN THE MATTER              of the New  Zealand Rules of Racing

BETWEEN

                                     NEW ZEALAND 

THOROUGHBRED RACING (NZTR)

                                          Informant

AND             

Hamish John QUALTROUGH

                                          Defendant

DATE OF HEARING: 4 December 2009

VENUE:                                  JCA Offices, AMI Centre, Level 4, 342 Lambton Quay, Wellington

PRESENT:                              J W McKenzie (Chief Racecourse Inspector) for New Zealand Thoroughbred Racing

                                                  H J Qualtrough (Defendant)

                                                 N Hampton QC - Chairman

                                                 J Phelan

                                                 P Williams (Registrar)

DATE OF DECISION:            4 December 2009

________________________________________________________________________

DECISION OF JUDICIAL COMMITTEE

  PRELIMINARY

1              Under Rule 108(4) of the Amended Rules of Racing which came into effect on 5 October 2009 this matter is to be heard, and has been heard, under the Rules in force on 4 October 2009, because factually the matters in the charges occurred substantially or indeed entirely before 5 October 2009. 

2               Which means that relevant here are, under the old Rules, Rule 1001(1)(p) which in relevant terms says ‘that every person commits a serious racing offence who commits any dishonest act connected with racing’ and secondly Rule 1001(2) which makes such a person liable to disqualification for any period up to life or suspension up to twelve months and/or a fine of $25,000.

3               The provisions in the amended Rules in force as from 5 October 2009 are substantially the same, the only real difference being an increase in the top limit of fine available to be imposed, up from $25,000 to $50,000. 

CHARGES

4               Mr Qualtrough was charged under Information 0884 with eight breaches of the Rules of Racing by Chief Racecourse Inspector Mr J W McKenzie and the charges read as follows:

1.              THAT on or about the 15^th day of May 2009, within the Masterton area, at the request of a client who believed you to be a practicing veterinarian, you did inspect the unnamed foal, Zed out of Shezdabomb AND in a document named Brand and DNA Type Identification Certificate, and certified as a Veterinarian that the details recorded by you were correct AND THAT in addition to your signature you dated the certification with a false date namely 26/02/09 which was a date prior to your being ineligible to continue to practise as a Veterinarian, AND THAT you did thereby commit a dishonest act under the provisions of Rule 1001 (p) of the Rules of Racing AND THAT you are liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1001 (2) of the said Rules.

2.              AND FURTHER THAT on or about the 15^th day of May 2009, within the Masterton area, at the request of a client who believed you to be a practicing Veterinarian, you did inspect the unnamed foal, Gold Centre out of Uisce Beagh, AND in a document named Brand and DNA Type Identification Certificate, and certified as a Veterinarian that the details recorded by you were correct, AND THAT in addition to your signature you dated the certification with a false date namely 23/02/09, which was a date prior to your being ineligible to continue to practise as a Veterinarian, AND THAT you did thereby commit a dishonest act under the provisions of Rule 1001 (p) of the Rules of Racing AND THAT you are liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1001 (2) of the said Rules.

3.              AND FURTHER THAT on or about the 15^th day of May 2009, within the Masterton area, at the request of a client who believed you to be a practicing Veterinarian, you did inspect the unnamed foal, Brilliance out of Just Brio, AND in a document named Brand and DNA Type Identification Certificate, and certified as a Veterinarian that the details recorded by you were correct, AND THAT in addition to your signature you dated the certification with a false date namely 23/02/09, which was a date prior to your being ineligible to continue to practise as a Veterinarian, AND THAT you did thereby commit a dishonest act under the provisions of Rule 1001 (p) of the Rules of Racing AND THAT you are liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1001 (2) of the said Rules.

4.              AND FURTHER THAT on or about the 10^th day of May 2009, within the Masterton area, at the request of a client who believed you to be a practicing Veterinarian, you did inspect the unnamed foal, Coats Choice out of Pip, AND in a document named Brand and DNA Type Identification Certificate, and certified as a Veterinarian that the details recorded by you were correct, AND THAT in addition to your signature you dated the certification with a false date namely 27/02/09, which was a date prior to your being ineligible to continue to practise as a Veterinarian, AND THAT you did thereby commit a dishonest act under the provisions of Rule 1001 (p) of the Rules of Racing AND THAT you are liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1001 (2) of the said Rules.

5.              AND FURTHER THAT on or about the 10^th day of May 2009, within the Masterton area, at the request of a client who believed you to be a practicing Veterinarian, you did inspect the unnamed foal, Viking Ruler out of Font, AND in a document named Brand and DNA Type Identification Certificate, and certified as a Veterinarian that the details recorded by you were correct, AND THAT in addition to your signature you dated the certification with a false date namely 26/02/09, which was a date prior to your being ineligible to continue to practise as a Veterinarian, AND THAT you did thereby commit a dishonest act under the provisions of Rule 1001 (p) of the Rules of Racing AND THAT you are liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1001 (2) of the said Rules.

6.              AND FURTHER THAT on or about the 15^th day of May 2009, within the Masterton area, at the request of a client who believed you to be a practicing Veterinarian, you did inspect the unnamed foal, Golan out of Anna Marie, AND in a document named Brand and DNA Type Identification Certificate, and certified as a Veterinarian that the details recorded by you were correct, AND THAT in addition to your signature you dated the certification with a false date namely 23/02/09, which was a date prior to your being ineligible to continue to practise as a Veterinarian, AND THAT you did thereby commit a dishonest act under the provisions of Rule 1001 (p) of the Rules of Racing AND THAT you are liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1001 (2) of the said Rules.

7.              AND FURTHER THAT on or about the 15^th day of May 2009, within the Masterton area, at the request of a client who believed you to be a practicing Veterinarian, you did inspect the unnamed foal, Ustinov out of Kiwi Dancer, AND in a document named Brand and DNA Type Identification Certificate, and certified as a Veterinarian that the details recorded by you were correct, AND THAT in addition to your signature you dated the certification with a false date namely 23/02/09, which was a date prior to your being ineligible to continue to practise as a Veterinarian, AND THAT you did thereby commit a dishonest act under the provisions of Rule 1001 (p) of the Rules of Racing AND THAT you are liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1001 (2) of the said Rules.

8.              AND FURTHER THAT on or about the 25^th day of May 2009, within the Masterton area, at the request of a client who believed you to be a practicing Veterinarian, you did inspect the unnamed foal, My Halo of Laoghaire, AND in a document named Brand and DNA Type Identification Certificate, and certified as a Veterinarian that the details recorded by you were correct, AND THAT in addition to your signature you dated the certification with a false date namely 27/02/09, which was a date prior to your being ineligible to continue to practise as a Veterinarian, AND THAT you did thereby commit a dishonest act under the provisions of Rule 1001 (p) of the Rules of Racing AND THAT you are liable to the penalty or penalties which may be imposed upon you pursuant to Rule 1001 (2) of the said Rules.

5               The defendant before the Tribunal today confirmed that he had been properly served with, and had had the opportunity to take advice on, the charges. 

6               He, in keeping with his previous indications to the Chief Inspector and with the statement earlier made, has admitted the charges before the Tribunal today.

FACTS

7               A somewhat edited account of the summary presented by Mr McKenzie, stated these matters. The Defendant, Mr Qualtrough graduated with a Bachelor’s Degree in Veterinary Science in 1994.  As might be expected to be able to practise as a veterinarian it was necessary to apply and be granted a practising certificate. Practising without a certificate is an offence punishable under the Veterinarians Act 2005, with a fine of up to $10,000.

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hearing_type: Old Hearing

Rules: 108.4, 1001.1.p, 1001.2, 1001.p, 1122.2.d

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