Non Raceday Inquiry RIU v G Cleeve 19 July 2013 – Decision dated 19 July 2013

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decisiondate: 18/07/2013

hearing_title: Non Raceday Inquiry RIU v G Cleeve 19 July 2013 - Decision dated 19 July 2013

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

NON RACEDAY INQUIRY RIU v G CLEEVE

Informant: R Quirk- Stipendiary Steward

Defendant: G Cleeve – Public Trainer

Date of Hearing: 19 July 2013

Venue: Addington Raceway, Christchurch

Judicial Committee: S Ching, Chairman – R McKenzie, Committee Member

Present: Mr R Quirk, Mr G Cleeve

Plea: Not Admitted

Charge: Breach of Rule 88.1 (q) GRNZ - Mobile Phone Regulation

Date of Decision: 19 July 2013

Facts:

This Information was initially laid at the Christchurch Greyhound Racing Club's race meeting on 12 July 2013 and was heard as a Non Raceday Inquiry hearing following the conclusion of the Christchurch Greyhound Racing Club’s race meeting at Addington on 19 July 2013.

An Information was filed by Stipendiary Steward Mr R Quirk against Public Trainer, Mr G Cleeve, alleging a breach of Rule 88.1(q) in that he had a mobile phone which was not switched off and rang at the start of race 5.

The charge reads as follows:

“In that Mr G Cleeve, as the handler of GO NOLA had a mobile phone which was not switched off at the start which rang.”

Rule 88.1 (q) reads:

“Any person (including an Official) commits an offence if he/she:

q. commits or omits to do any act or engages in conduct which is in any way detrimental or prejudicial to the interest, welfare, image, control or promotion of Greyhound racing;”

Greyhound Racing New Zealand-Mobile Phone Regulation reads:

“The usage of mobile phones by handlers at race meetings is prohibited during the parading of dogs and anywhere on the racetrack pre or post-race. This restriction applies to the making and receiving of calls and text messages. Phones must be switched off at all times in the aforementioned situations. Mobile phones can however be switched on again for usage after all relevant post-race procedures (e.g. swabbing etc.) have taken place.

Failure to comply with this Regulation may result in charges being brought about under the auspices of Rule 88.1(q).”

Mr Cleeve confirmed to the Committee that the breach was not admitted and that he understood the Rule that he was being charged with.

Submissions for Decision:

Mr Quirk informed the Committee that the Regulation had been in force since December 2007. He gave evidence that it was reported to the Stewards straight after the race that Mr Cleeve’s mobile phone had gone off while he was boxing GO NOLA prior to the start. Mr Quirk said he questioned Mr Cleeve who did not deny his phone had rung and explained that he was waiting for his mechanic to call about his van which was required for the weekend’s race meetings. Mr Quirk stated previous breaches of this Regulation had been dealt with by way of a warning but these were usually when walking onto the track or at the stir up. Mr Quirk stated that the Stewards believed that a mobile phone ringing as the dogs were being boxed was of more concern. In answer to a question by the Committee, Mr Quirk stated that the phone ringing, as far as he knew, did not go to air with the live Trackside broadcast of the race.

Mr Cleeve said that an electronic device did go off prior to the race and admitted to the Committee that it was his cell phone. Mr Cleeve took issue with the process involved where he was “dobbed in” by another trainer. He believed that a trainer should not “dob in” another trainer and it should be up to the Stewards to police the Rules and Regulations. Although Mr Cleeve admitted that it was his mobile phone that rang, he believed there was no evidence that it was his phone, as the Stewards were not at the start. He explained that the phone was on as his van refused to start prior to the meeting and that he needed the van to travel to the race meeting on Sunday. He said he had to use another vehicle to get the dogs to the races on this day and had given the mechanics both his number and his partner Gaylene’s number as well. He thought they would ring Gayleen when they had looked at the van but they rang him instead. That, he stated, was the call received when he was boxing GO NOLA. Mr Cleeve in answer to a question from the Committee said he would normally have his phone on silent during the races but admitted it was an oversight that he had not switched it over to silent on this day.

Reasons for Decision:

The Committee carefully considered the evidence presented by Mr Quirk and Mr Cleeve. We were satisfied that Mr Cleeve’s mobile phone rang as he was boxing GO NOLA prior to the start in Race 5 at the Christchurch Greyhound Racing Club’s race meeting on 12 July 2013. Mr Cleeve has admitted that his phone did ring and it was an oversight that he did not have it switched to silent. Mr Cleeve offered a defence on a couple of matters being that he was “dobbed in” and that there was no proper process in place to police the Regulation. We do not accept that there is any merit in either of these grounds of defence. We believe that the Regulation is of strict liability and therefore find the charge proved.

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Quirk stated that Mr Cleeve had an excellent record with 1393 starters and 227 wins so far this season. Mr Quirk also stated that Mr Cleeve’s behaviour towards the Stewards was always exemplary and he had not appeared on any charge so far this season. Mr Quirk submitted that this Regulation was about to be added to the Minor Infringement Table with a first breach being a fine of $50 which he submitted should be considered as penalty on this occasion.

Mr Cleeve submitted that a fine of $50 sounded fair to him.

Reasons for Penalty:

In determining penalty we took into consideration Mr Cleeve’s excellent record and his frank approach at the hearing. As this Regulation is about to be added to the Minor Infringement Table with a first breach being a fine of $50, the Committee, after taking all factors into consideration, believed that an appropriate penalty on this occasion would be a fine of $50.

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Accordingly Mr Cleeve was fined the sum of $50. The matter of costs was considered but no orders for costs were made.

SC Ching         R G McKenzie

Chairman        Committee Member

hearing_type: Non-race day

Rules: 88.1(q) GRNZ - Mobile Phone Regulation

Informant: R Quirk - Stipendiary Steward

JockeysandTrainer:

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PersonPresent: Mr G Cleeve - Public Trainer, Mr R Quirk - Stipendiary Steward

Respondent: G Cleeve - Public Trainer

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