Non Raceday Inquiry RIU v J McInerney – decision dated 22 June 2015

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decisiondate: 22/06/2015

hearing_title: Non Raceday Inquiry RIU v J McInerney - decision dated 22 June 2015

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Decision:

Before a Judicial Committee at Christchurch

Racing Integrity Unit

R Quirk – Stipendiary Steward

(Informant)

And

J McInerney – Licensed Greyhound trainer

(Respondent)

The Charge

Mr John McInerney, Licensed Greyhound Trainer, is charged with a breach of Rule 68.1 of the Rules of Greyhound Racing.

Rule 68.1 reads as follows:

“The Handler of a Greyhound competing at a meeting shall present the correct Greyhound to the Stewards at or before the time specified in Rule 68.2”

The Stipendiary Stewards allege that “Homebush Button” was not presented for kennelling for Race 14 at the Wanganui Greyhound Racing Club’s meeting on 10th June 2015, resulting in the dog being late scratched.

Mr McInerney is represented in this matter by his Kennel's foreman, Mr Jonathon McInerney. The charge has been admitted and is therefore deemed to be proved.

Mr Quirk advised the hearing that Mr McInerney had been advised of the time and venue of the hearing, but did not wish to be present.

The Facts

Mr Jonathon McInerney was responsible for the kennel's team at the Wanganui Greyhound Racing Club’s meeting on 10th June 2015.

“Homebush Button” was correctly entered for a Tier 2 non-tote race (Race 14). The bitch was originally a reserve but gained a start after “Working Midnight” was scratched on 9th June 2015. The fact that “Homebush Button” had obtained a start was communicated by ‘phone to Mrs Gail McInerney (Mr Jonathon McInerney’s mother), by the secretary of the Wanganui Greyhound Racing Club, Mrs Vanessa Trass.

At the allocated time of kennelling, for the Tier 2 races, it was established that “Homebush Button” was not at the track and would not be able to be kennelled in time for the race. As a consequence, the Stipendiary Steward in charge, Mr Liam Tidmarsh, scratched “Homebush Button” from the race.

Mr Jonathon McInerney stated that “Homebush Button” had been transferred to their Central Districts kennels the week before but the paperwork had not been completed at that stage, which was the reason why Mrs Trass contacted their Darfield kennels. He said that his mother, Mrs Gail McInerney was unwell at the time, and that her prescribed drugs were having an effect on her. As a result, she appeared to have forgotten to inform the Central Districts kennels of the fact that “Homebush Button” had gained a start.

Penalty Submissions

Mr Quirk advised the hearing that Mr McInerney has no previous breaches of this rule in the previous 12 months. He is the leading Greyhound trainer in New Zealand. His greyhounds have started in over 4600 races this season and greyhounds from his kennels have won over 500 races.

Mr McInerney through his staff had admitted fault in this situation immediately and was co-operative with the Stipendiary Stewards throughout the investigation.

The race in question was an “official Tier 2 race”, but was a non-tote race. The late scratching therefore had no effect on the betting public or the Club. Mr Quirk said that the Racing Integrity Unit accepted that a genuine mistake had been made.

Mr Quirk referred the hearing to recent breaches of the rule:

• S & B Evans – 10th April 2015 – Fine $300
• R Blackburn – 1st May 2015 – Fine $400

However, both of the races in question were totalisator races, and the case of Blackburn, two dogs were involved.

Mr Quirk submitted that the degree of culpability was at the lower end of the scale, and submitted that the matter could be dealt with by way of a fine of $200.

Penalty Decision and Reasons

We take as a starting point, for the imposition of penalty, a fine of $300, in the interests of consistency with the fine imposed in the Blackburn case. Against that, we must then consider aggravating and mitigating factors.

In this case we do not find any aggravating factors which would warrant an uplift on the starting point.

In terms of mitigating factors, we take into account Mr McInerney’s good record, the fact that it was a non-tote race, with no consequential effects on the betting public or the Club and Mr McInerney’s co-operation with Stipendiary Stewards. These factors allow us to afford Mr McInerney a discount of $100 on our starting point.

Penalty

Mr McInerney is fined $200.

KG Hales                     Chairman

RG McKenzie               Committee Member

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