Non Raceday Inquiry RIU v A Q Ihaka 8 November 2012 – Decision dated 16 November 2012
ID: JCA16683
Decision:
NON RACEDAY INQUIRY
NZTR v Mr A Q Ihaka
Rule: 801(1)(h)
Held: Thursday 8 November 2012 at Te Rapa Racecourse, Hamilton
Judicial Committee: R Seabrook, Chairman - J Holloway, Committee Member
Registrar: Mr B Jones
Present: Mr R Neal - Co Chief Stipendiary Steward
DECISION OF JUDICIAL COMMITTEE
Charge:
On 8 September 2012, at Ellerslie Racecourse, wilfully supplied false information, namely that he had on 7 September 2012, obtained a Medical Clearance to ride, to Ross Neal a Stipendiary Steward.
Rule:
Rule 801(1)(h) states- "A Person commits a Serious Racing Offence within the meaning of these rules who; 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, NTZR, 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".
Before the Hearing commenced Mr Oliver informed the Committee that Mr Ihaka was not present. Mr Oliver said he had phoned Mr Ihaka’s mobile twice this morning but both times his message service responded. He confirmed Mr Ihaka was well aware the hearing was taking place today as he spoke to him at the Counties races on October 31 when Mr Ihaka said he would be present at the hearing. He was also served with a copy of the charge and the rule which also detailed the time and place of the hearing. Mr Oliver then sought the leave of the Committee to proceed with the charge under the provisions of rule 913.
As the Committee was satisfied that every effort had been made to contact Mr Ihaka on the day of the hearing and he had been served with the relevant documentation this request is granted.
Summary of Facts by Mr B Oliver:
Mr. Antonia (Tony) Ihaka is a licensed Jumps Jockey with a current Class D Jockeys License.
He was declared for rides at the Te Aroha Jockey Clubs Meeting at Te Aroha on Monday 3 September 2012. Prior to the meeting he advised Stewards that he had sustained an injury and would be unable to fulfill his riding engagements that day. He was advised that he was to provide Stewards with a Medical Certificate stating that he was fit to ride before he was able to ride again.
Mr. Ihaka was declared for rides at the Great Northern Meeting at Ellerslie on 8 September and on arrival at Ellerslie he was asked to supply his medical clearance. He told Stewards that he had forgotten to bring the certificate and apologised to the stewards. When questioned as to when and where he got the medical clearance he said that he had got it from his local medical centre about lunchtime on 7 September and that he had simply forgotten to bring it. He was instructed to furnish the Stewards with the Certificate by 12 noon on Monday 10 September. Numerous messages were left with Mr. Ihaka to make contact and provide the Medical Certificate but he did not provide it.
On Wednesday 19 September, an Investigator spoke to Mr. Ihaka at the Rotorua and Bay of Plenty Meeting. He again said that he had been to his Doctor on 7 September and had now lost the certificate. The investigator completed a letter of authorization seeking authority from Mr. Ihaka to check with the Medical Centre to confirm that he had attended on 7 September but he refused to sign saying it was a breach of his privacy. He then agreed to go to the Medical Centre and get a copy which he would give to the Investigator at the Counties Race meeting on Friday 21 September 2012. He confirmed that he would be attending that meeting.
Mr. Ihaka was not at that meeting and still has not presented the Certificate.
He is a 28 year old Jumps Jockey living in the South Auckland Area. He appears to get freelance work around the Pukekohe area.
Evidence Presented by Mr R Neal:
That is my full name. I am the Co Chief Stipendiary Steward employed by the Racing Integrity Unit.
I was the Chairman of the Stipendiary Stewards at the Auckland Racing Club Great Northern Meeting at Ellerslie on Saturday 8 September 2012.
I was aware that the defendant Mr. Tony Ihaka had not fulfilled his riding engagements at Te Aroha on Monday 3 September as a result of an injury he had sustained in the run up to that meeting.
Mr. Ihaka had been declared for rides at the Great Northern Meeting on 8 September 2012. On arrival on course, he was asked to supply the medical certificate indicating he was fit to ride that day.
He made numerous apologies and stated that he had forgotten to bring it to the course. When challenged as to when and where the medical certificate was obtained, he said that he has got the certificate at his local medical centre the previous day, Friday 7 September at about lunch time and that he had simply forgotten to bring it to the races.
Mr. Ihaka was instructed to provide the certificate to the stewards by noon Monday September 10. He undertook to comply with this instruction.
The course Doctor then examined Mr. Ihaka and declared him fit to ride and he completed his riding engagements that day.
The certificate did not arrive by noon on Monday 10 September and many messages were left on his phone to make contact and explain his non compliance. He did not contact me or any other Steward.
On 14 September I am aware of another message being given to him at my direction at the Pukekohe Track where he was riding track work. Again neither I nor my Stewards have had a response.
I have since directed that RIU Investigators speak to Mr. Ihaka about his non compliance but again no certificate has been forthcoming. I then directed that Mr. Ihaka be charged.
Submissions on Penalty:
Mr. Ihaka has on a number of occasions failed to comply with the directions of a Stipendiary Steward. In May this year when noticed wearing safety vest inside out, he was asked to wear it the proper way. He changed it and 10 minutes later was noticed wearing it incorrectly. He was fined $350.00.
At Te Aroha on 16 July, he was advised not to ‘high five’ other jockeys before they weighed in and 4 weeks later does the same thing resulting in a fine of $100.
Previous offences for disobeying the direction of a Stipendiary Steward in 2008 and the use of offensive language in the weigh in area in 2009 are relevant previous offences.
The most recent and similar case also involving providing false information to Stipendiary Stewards over the providing of a Medical Certificate occurred in March 2011. The defendant in that case H, also advised Stewards that he had a Medical Clearance to ride when in fact he had not obtained one. H was a full time class A Jockey at the time. He was suspended for two months.
Mr. Ihaka is a Jumps Jockey, Class D and only rides in Highweight and Jumping Races. The jumping season has concluded and does not start again until 2 May 2013.
The RIU seeks a suspension until and including 30 May 2013 for Mr. Ihaka. Effectively this will prevent him riding at 8 Jumping Meetings, two of which are in Riverton. There will also be Highweight Races in the lead up to the 2013 Jump Season but the Programme is not yet fully confirmed. The overall effect of such a suspension will be that Mr. Ihaka will be suspended from riding for 2 months.
The Judicial Control Authority Actual costs are $605.24 and application is made for those costs to be reimbursed. In addition costs of $296 are being sought for the Racing Integrity Unit.
Reasons for Penalty:
In coming to an appropriate penalty the Committee carefully considered all the evidence and submissions presented. Obviously the Committee is disappointed in the disregard Mr Ihaka has shown to all the officials regarding this charge and is frustrated at not being able to question him and hear his defence.
Regardless of this any breach of rule 801 (1) (h) is a serious racing offence and supplying misleading information as was the case in this charge does nothing to help the integrity of our industry.
In Mr Oliver’s penalty submissions he demonstrated to the Committee the number of occasions when Mr Ihaka has failed to comply with the directions of the Stipendiary Stewards. He gave examples of three such incidents. Mr Oliver further submitted a recent case of providing false information to the Stipendiary Stewards involving a medical certificate incurred a suspension of two months. Mr Ihaka is a class D Jumps Jockey and only rides in Highweights and Jumping races. The current jumping season has concluded and does not start again until 2 May 2013. Any penalty under this rule must contain a deterrent factor to protect the integrity of the racing industry. For these reasons the Committee finds an appropriate penalty is an 8 day suspension.
Penalty:
Accordingly, after taking all the above facts into account, we impose a suspension of Mr Ihaka’s riding license which is to start as from today’s date, 8 November and conclude after racing on 30 May 2013. In addition we order Mr Ihaka to pay costs of $605 to the JCA and $180 to the RIU.
R Seabroook J Holloway
Chairman Committee Member
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 30/10/2012
Publish Date: 30/10/2012
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: d486912c72750a8eb0d10b9669256ca0
informantnumber: A2212
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 30/10/2012
hearing_title: Non Raceday Inquiry RIU v A Q Ihaka 8 November 2012 - Decision dated 16 November 2012
charge:
facts:
appealdecision: NO LINKED APPEAL DECISION
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
NON RACEDAY INQUIRY
NZTR v Mr A Q Ihaka
Rule: 801(1)(h)
Held: Thursday 8 November 2012 at Te Rapa Racecourse, Hamilton
Judicial Committee: R Seabrook, Chairman - J Holloway, Committee Member
Registrar: Mr B Jones
Present: Mr R Neal - Co Chief Stipendiary Steward
DECISION OF JUDICIAL COMMITTEE
Charge:
On 8 September 2012, at Ellerslie Racecourse, wilfully supplied false information, namely that he had on 7 September 2012, obtained a Medical Clearance to ride, to Ross Neal a Stipendiary Steward.
Rule:
Rule 801(1)(h) states- "A Person commits a Serious Racing Offence within the meaning of these rules who; 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, NTZR, 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".
Before the Hearing commenced Mr Oliver informed the Committee that Mr Ihaka was not present. Mr Oliver said he had phoned Mr Ihaka’s mobile twice this morning but both times his message service responded. He confirmed Mr Ihaka was well aware the hearing was taking place today as he spoke to him at the Counties races on October 31 when Mr Ihaka said he would be present at the hearing. He was also served with a copy of the charge and the rule which also detailed the time and place of the hearing. Mr Oliver then sought the leave of the Committee to proceed with the charge under the provisions of rule 913.
As the Committee was satisfied that every effort had been made to contact Mr Ihaka on the day of the hearing and he had been served with the relevant documentation this request is granted.
Summary of Facts by Mr B Oliver:
Mr. Antonia (Tony) Ihaka is a licensed Jumps Jockey with a current Class D Jockeys License.
He was declared for rides at the Te Aroha Jockey Clubs Meeting at Te Aroha on Monday 3 September 2012. Prior to the meeting he advised Stewards that he had sustained an injury and would be unable to fulfill his riding engagements that day. He was advised that he was to provide Stewards with a Medical Certificate stating that he was fit to ride before he was able to ride again.
Mr. Ihaka was declared for rides at the Great Northern Meeting at Ellerslie on 8 September and on arrival at Ellerslie he was asked to supply his medical clearance. He told Stewards that he had forgotten to bring the certificate and apologised to the stewards. When questioned as to when and where he got the medical clearance he said that he had got it from his local medical centre about lunchtime on 7 September and that he had simply forgotten to bring it. He was instructed to furnish the Stewards with the Certificate by 12 noon on Monday 10 September. Numerous messages were left with Mr. Ihaka to make contact and provide the Medical Certificate but he did not provide it.
On Wednesday 19 September, an Investigator spoke to Mr. Ihaka at the Rotorua and Bay of Plenty Meeting. He again said that he had been to his Doctor on 7 September and had now lost the certificate. The investigator completed a letter of authorization seeking authority from Mr. Ihaka to check with the Medical Centre to confirm that he had attended on 7 September but he refused to sign saying it was a breach of his privacy. He then agreed to go to the Medical Centre and get a copy which he would give to the Investigator at the Counties Race meeting on Friday 21 September 2012. He confirmed that he would be attending that meeting.
Mr. Ihaka was not at that meeting and still has not presented the Certificate.
He is a 28 year old Jumps Jockey living in the South Auckland Area. He appears to get freelance work around the Pukekohe area.
Evidence Presented by Mr R Neal:
That is my full name. I am the Co Chief Stipendiary Steward employed by the Racing Integrity Unit.
I was the Chairman of the Stipendiary Stewards at the Auckland Racing Club Great Northern Meeting at Ellerslie on Saturday 8 September 2012.
I was aware that the defendant Mr. Tony Ihaka had not fulfilled his riding engagements at Te Aroha on Monday 3 September as a result of an injury he had sustained in the run up to that meeting.
Mr. Ihaka had been declared for rides at the Great Northern Meeting on 8 September 2012. On arrival on course, he was asked to supply the medical certificate indicating he was fit to ride that day.
He made numerous apologies and stated that he had forgotten to bring it to the course. When challenged as to when and where the medical certificate was obtained, he said that he has got the certificate at his local medical centre the previous day, Friday 7 September at about lunch time and that he had simply forgotten to bring it to the races.
Mr. Ihaka was instructed to provide the certificate to the stewards by noon Monday September 10. He undertook to comply with this instruction.
The course Doctor then examined Mr. Ihaka and declared him fit to ride and he completed his riding engagements that day.
The certificate did not arrive by noon on Monday 10 September and many messages were left on his phone to make contact and explain his non compliance. He did not contact me or any other Steward.
On 14 September I am aware of another message being given to him at my direction at the Pukekohe Track where he was riding track work. Again neither I nor my Stewards have had a response.
I have since directed that RIU Investigators speak to Mr. Ihaka about his non compliance but again no certificate has been forthcoming. I then directed that Mr. Ihaka be charged.
Submissions on Penalty:
Mr. Ihaka has on a number of occasions failed to comply with the directions of a Stipendiary Steward. In May this year when noticed wearing safety vest inside out, he was asked to wear it the proper way. He changed it and 10 minutes later was noticed wearing it incorrectly. He was fined $350.00.
At Te Aroha on 16 July, he was advised not to ‘high five’ other jockeys before they weighed in and 4 weeks later does the same thing resulting in a fine of $100.
Previous offences for disobeying the direction of a Stipendiary Steward in 2008 and the use of offensive language in the weigh in area in 2009 are relevant previous offences.
The most recent and similar case also involving providing false information to Stipendiary Stewards over the providing of a Medical Certificate occurred in March 2011. The defendant in that case H, also advised Stewards that he had a Medical Clearance to ride when in fact he had not obtained one. H was a full time class A Jockey at the time. He was suspended for two months.
Mr. Ihaka is a Jumps Jockey, Class D and only rides in Highweight and Jumping Races. The jumping season has concluded and does not start again until 2 May 2013.
The RIU seeks a suspension until and including 30 May 2013 for Mr. Ihaka. Effectively this will prevent him riding at 8 Jumping Meetings, two of which are in Riverton. There will also be Highweight Races in the lead up to the 2013 Jump Season but the Programme is not yet fully confirmed. The overall effect of such a suspension will be that Mr. Ihaka will be suspended from riding for 2 months.
The Judicial Control Authority Actual costs are $605.24 and application is made for those costs to be reimbursed. In addition costs of $296 are being sought for the Racing Integrity Unit.
Reasons for Penalty:
In coming to an appropriate penalty the Committee carefully considered all the evidence and submissions presented. Obviously the Committee is disappointed in the disregard Mr Ihaka has shown to all the officials regarding this charge and is frustrated at not being able to question him and hear his defence.
Regardless of this any breach of rule 801 (1) (h) is a serious racing offence and supplying misleading information as was the case in this charge does nothing to help the integrity of our industry.
In Mr Oliver’s penalty submissions he demonstrated to the Committee the number of occasions when Mr Ihaka has failed to comply with the directions of the Stipendiary Stewards. He gave examples of three such incidents. Mr Oliver further submitted a recent case of providing false information to the Stipendiary Stewards involving a medical certificate incurred a suspension of two months. Mr Ihaka is a class D Jumps Jockey and only rides in Highweights and Jumping races. The current jumping season has concluded and does not start again until 2 May 2013. Any penalty under this rule must contain a deterrent factor to protect the integrity of the racing industry. For these reasons the Committee finds an appropriate penalty is an 8 day suspension.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
Accordingly, after taking all the above facts into account, we impose a suspension of Mr Ihaka’s riding license which is to start as from today’s date, 8 November and conclude after racing on 30 May 2013. In addition we order Mr Ihaka to pay costs of $605 to the JCA and $180 to the RIU.
R Seabroook J Holloway
Chairman Committee Member
hearing_type: Non-race day
Rules: 801(1)(h)
Informant: Mr B Oliver - Assistant Investigator - Racing Integrity Unit
JockeysandTrainer:
Otherperson:
PersonPresent: Mr R Neal - Co Chief Stipendiary Steward, Mr B Jones - Registrar
Respondent: Mr A Q Ihaka - Licensed Jockey
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: