Non Raceday Inquiry RIU v D Poutama and K Gommans – Decision dated 7 February 2016 – Chair, Mr T Utikere

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decisiondate: 09/02/2016

hearing_title: Non Raceday Inquiry RIU v D Poutama and K Gommans - Decision dated 7 February 2016 - Chair, Mr T Utikere

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Decision:

BEFORE A JUDICIAL COMMITTEE OF THE

JUDICIAL CONTROL AUTHORITY

AT PALMERSTON NORTH

UNDER THE RACING ACT 2003

IN THE MATTER of the New Zealand Greyhound Rules of Racing

BETWEEN M AUSTIN (RIU)

Informant

AND D POUTAMA (LICENSED TRAINER)

K GOMMANS (LICENSED TRAINER)

Respondent(s)

Judicial Committee: Mr T Utikere, Chairman - Mrs N Moffatt, Committee Member

Appearances: Mr R Neal (for the Informant)

Hearing: Held at Palmerston North, 7 February 2016

DECISION OF NON-RACEDAY JUDICIAL COMMITTEE

Facts

[1] Information A7614 was set down for a Non-Raceday Hearing to be held in Palmerston North on 7 February 2016 by the JCA.

[2] The Information alleged a breach of Rule 64.1 in relation to Race 6 of the Wanganui Greyhound Meeting at Wanganui on 30 January 2016.

[3] The Information specifically alleged that the Respondents had "failed to withdraw MIGHTY TWIST (Race 6) by the required scratching time of 7.30am on 30 January 2016 and were negligent."

[4] Rule 64.1 states: "The Nominator of any Greyhound which, in accordance with these rules, is to be withdrawn from a Race, shall notify the secretary of the Club for which such Greyhound is to be withdrawn of such withdrawal not later than 7.30am on the day of the Meeting."

[5] Representing the Racing Integrity Unit, Co-Chief Stipendiary Steward Mr R Neal advised the committee that the Respondents were aware of the hearing, but had elected not to attend. He also confirmed that they admitted the breach, which was indicated on the signed Information.

Evidence

[6] Mr Neal described the circumstances surrounding the charge. He advised that MIGHTY TWIST had been stood down on 27 January 2016 at the Wanganui Greyhound Racing Club's Meeting. This stand down period was until 5 February 2016. The Respondents forgot to scratch MIGHTY TWIST from the Meeting at Wanganui on 30 January 2016. As a result, the two reserve dogs did not make the field.

[7] In response to a question from the committee, Mr Neal confirmed that although the stipendiary stewards ordered the stand down period. The onus lay with the trainers to ensure that any dogs subject to a stand down period were scratched from any races during that period.

Decision

[8] As the charge was admitted, the committee found the charge proved.

Submission for Penalty

[9] Mr Neal believed that previous breaches of this rule attracted a fine in the vicinity of $150 and Mr Neal submitted that figure for consideration by the committee.

Reasons for Penalty

[10] The committee considered all of the submissions placed before it. It was clear that MIGHTY TWIST was subject to a stand down period, and therefore was ineligible to race on 30 January 2016. The dog was not subsequently scratched and the ultimate responsibility for this lay with the Trainer(s). An aggravating feature was that reserve dogs were denied the opportunity to fill the position that would have been vacant as a result of MIGHTY TWIST’s scratching.

[11] The committee determined that D Poutama/K Gommans should be given credit for their early admission of the breach, their good record and co-operation with the process. It was also important to consider previous penalties imposed for breaches of this Rule.

Penalty

[12] D Poutama and K Gommans are collectively fined the sum of $150.

Mr T Utikere     Mrs N Moffatt

Chairman         Committee Member

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