Non Raceday Inquiry RIU v AJ Couchman – Decision dated 14 March 2016 – Chair, Mr M McKechnie

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hearing_title: Non Raceday Inquiry RIU v AJ Couchman - Decision dated 14 March 2016 - Chair, Mr M McKechnie

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Decision:

BEFORE A JUDICIAL COMMITTEE OF THE

JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

IN THE MATTER of the New Zealand Thoroughbred Rules of Racing

RACING INTEGRITY UNIT

INFORMANT

ANDREW JUNIOR COUCHMAN,

DEFENDANT

Judicial Committee: Mr Murray McKechnie, Chairman & Mr Richard Seabrook

Present: Mr Steve Symon, Counsel for the Racing Integrity Unit

Mr Neil Grimstone, Manager Racing Integrity Unit

DECISION OF NON-RACEDAY JUDICIAL COMMITTEE

DATED THIS 14TH DAY OF MARCH 2016

1. INTRODUCTION

1.1 Mr Couchman is charged that on 22nd day of December 2015 at Waiuku he was working at the training facility of the Class B Registered Trainer Catherine Cleghorn while disqualified.

1.2 There was a telephone conference on 12th February this year and a Minute issued thereafter.

1.3 Mr Grimstone has today confirmed to the Committee that he personally advised Mr Couchman of the date and place of this hearing at Alexandra Park at 9.30a.m. on 14th March 2016. Mr Couchman, for his part, sent an email to the JCA on Thursday last advising that he would be unable to attend the hearing “as I work from 7.00a.m. to 5.00p.m. all week. I also emailed Neil Grimstone about a week ago also “.

2. THE EVIDENCE

2.1 Mr Grimstone was asked to confirm to the Committee the truth of the matters set out in the summary of facts and this he did. Note that there is a typographical error in the first line of the summary. The disqualification hearing took place on 24th July 2015 and the period of twelve (12) months disqualification was applied from that date.

3. PENALTY

3.1 The Committee is satisfied that Mr Couchman has been made fully aware of the nature of the charge and that the hearing would proceed today. It was Mr Grimstone’s evidence that Mr Couchman readily admitted that he was acting in breach of the disqualification.

3.2 Penalty submissions have been prepared. These are comprehensive. They set out the well -known sentencing principles which apply under the NZTR Rules of Racing and which were enunciated some years ago by Mr Justice Warwick Gendall as he now is. The submissions point to matters of aggravation and mitigation. The aggravating considerations are first that this track riding appears to have been quite blatant and secondly that in acting as he did Mr Couchman has damaged the previously unblemished record of the trainer Catherine Cleghorn. The Committee was advised that Ms Cleghorn has been issued with a formal written warning and that this has been placed on her file at NZTR. There are a number of mitigating considerations. First, an immediate admission of the breach of the rule. Secondly, co-operation throughout. Thirdly, and significantly, the Committee has been furnished with evidence that Mr Couchman is taking positive steps to address issues of drug and alcohol abuse.

3.3 The rule provides for a minimum period of six (6) months disqualification. In addition there can be a monetary penalty and an order for the payment of costs. The minimum period of six (6) months disqualification is mandatory. The RIU submits that this is the appropriate period of disqualification and no further penalty is sought. It is to be noted that in the RIU penalty submissions it is suggested that if Mr Couchman were to complete an appropriate course of drug and alcohol rehabilitation then it would be open for him to make an application to NZTR to review the period of disqualification. That is entirely a matter for Mr Couchman.

3.4 The JCA has incurred significant costs in relation to this matter and some contribution towards those costs is appropriate.

3.5 There will be a period of six (6) months disqualification imposed which will run from the expiration of the existing twelve (12) months disqualification which expires on 24th July 2016. There will, in accordance with the RIU submissions, be no costs awarded to the RIU. Mr Couchman will be required to pay costs to the JCA in the sum of $350.00.

DATED this 14th day of March 2016

Murray McKechnie Chairman

Signed pursuant to Rule 920(4)

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