Non Raceday Inquiry RIU v J McInerney – decision dated 6 October 2015 – Chair, Mr R McKenzie
ID: JCA15943
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of the Rules of New Zealand Greyhound Racing Association
IN THE MATTER of Information No. A3899
BETWEEN MARK DAVIDSON, Stipendiary Steward, for the Racing Integrity Unit
Informant
AND JOHN McINERNEY of Homebush, Licensed Public Trainer
Respondent
Judicial Committee: Mr R G McKenzie, Chairman - Mr S C Ching, Committee Member
Present: Mr S P Renault, Stipendiary Steward (for the Informant)
Mr J McInerney Jnr (for the Respondent)
Mr R A Quirk, Registrar
Date of Hearing: 25 September 2015
Date of Decision: 6 October 2015
RESERVED DECISION OF JUDICIAL COMMITTEE ON PENALTY
The Charge
[1] Information No. A3899 alleges that, at the meeting of Otago Greyhound Racing Club on the 7th day of September 2015, Mr McInerney committed a breach of Rule 87.1.o in that, as the trainer of DALLAS BAXTER, an acceptor for Race 1, Otago First 4 Maiden Sprint, he was “negligent in that he failed to ensure DALLAS BAXTER was presented to race resulting in DALLAS BAXTER being declared a late scratching”.
[2] Mr Renault produced a letter signed by Mr M R Godber, General Manager of the Racing Integrity Unit, authorising the lodging of the information.
The Rules[3] Rule 87.1 of the Rules of New Zealand Greyhound Racing Association provides as follows:
Any person (including an Official) commits an offence if he/she:
(o) has, in relation to a Greyhound or Greyhound Racing, done a thing, or omitted to do a thing which is negligent, dishonest, corrupt, fraudulent or improper, or constitutes misconduct.
The Plea
[4] The above charge and Rule were read to Mr McInerney’s representative, Mr J McInerney Jnr, and he indicated that the charge was admitted.
The Facts
[5] Mr Renault presented the following Summary of Facts to the hearing:
1. On Monday 7 September 2015 the Otago Greyhound Racing Club held a race meeting at Forbury Park Raceway.
2. The programme for the meeting showed that Race 1 on the day was the OTAGO FIRST 4 MAIDEN SPRINT to be conducted over 310 metres for dogs classed at C0.
3. Dog number 10 in the race was shown to be DALLAS BAXTER, the second emergency. This dog is trained by licenced Public Trainer, John McInerney.
4. DALLAS BAXTER gained a start in this event after the scratchings of DEANO (number 8) and SOME EXCITMENT (number 9.)
5. SOME EXCITMENT was scratched by its trainer prior to being included in the field in accordance with the 100km rule effectively making DALLAS BAXTER the first emergency.
6. DEANO which is also trained by Mr McInerney was scratched by Gail McInerney [Mr McInerney’s wife] on Sunday, 6 September 2015, at approximately 10.45pm. Mrs McInerney was advised by the Otago GRC secretary John Carlyle that DALLAS BAXTER had gained a start in this race as a result of the scratching of DEANO.
7. Mr McInerney had 31 dogs accepted to race at the Otago GRC meeting. Kerry McInerney, Victoria Martin and Mick Kennedy began preparing the greyhounds for travel at around 2.30am on the day of the races and departed for Forbury Park at approximately 4.00am in two vehicles.
8. At around 8.00am, Johnathan McInerney was going through the fields for the Otago GRC meeting and noticed that DALLAS BAXTER had gained a start in Race 1. However, the dog was still in its kennel on the property.
9. Mr McInerney phoned Mr Kennedy a short time later and told him that DALLAS BAXTER had been left behind. The two vehicles were getting close to Oamaru at this time.
10. DALLAS BAXTER was a late scratching with the Otago GRC secretary at 8.40am after being unable to be transported to the races in time.
11. Stewards interviewed Kerry McInerney during the course of the race meeting on 7 September 2015. Mrs McInerney advised that all the dogs that are racing are written on a whiteboard at home with the reserve dogs listed in a separate area on the board. She explained that she was unaware that DALLAS BAXTER had gained a start in the race.
[6] Mr Renault explained that what had occurred was, simply, a “communication error”. The situation was not helped by the fact that DALLAS BAXTER was the 2nd emergency. The kennel would have been unaware of the earlier scratching of the 1st emergency and would not have known, until Mrs McInerney was informed by the Club, that DALLAS BAXTER had gained a start.
Submissions on behalf of the Respondent
[7] Mr McInerney said that the Summary of Facts was accepted by the Respondent.
[8] He explained that the kennel had an arrangement with the Otago GRC to ring “last thing at night” for the scratchings and withdraw the dogs under the “100 kilometres rule” at the same time. His mother had made the call and would normally have taken the reserves out. She had obviously been told that DALLAS BAXTER had gained a start. She had neglected to inform anyone, he submitted, because of circumstances – she had been involved in making arrangements for a family funeral which took place the previous day. The staff had been asleep when Mrs McInerney had made the call at 10.45pm and had loaded the dogs for the trip to Dunedin next morning, unaware that DALLAS BAXTER had got back into the field.
Penalty Submissions of the Informant
[9] Mr Renault presented the following submissions:
1. Mr McInerney has a previous breach of this rule at Waikato GRC in December 2013 when the incorrect dog was presented to race. Mr McInerney was also charged in June 2015 when failing to present a greyhound to race in a non-tote event at Wanganui and was fined $200 on that occasion. That charge must also be taken into consideration by the Committee.
2. He has started 145 individual dogs for a combined number of starters of 924 in the current 2015/16 season. He started 224 individual dogs last season for a combined number of starters of 5,432.
3. Mr McInerney has admitted fault in this situation immediately through his staff. They have been very co-operative throughout the investigation and have conducted themselves in a very professional manner.
4. Mr McInerney failed to present DALLAS BAXTER to race in an official race. DALLAS BAXTER was unable to be presented in time to race and as a result the dog was declared a late scratching, which affects the club and the owner of the dog. No 3rd dividend was available to punters on this race due to the scratching of DALLAS BAXTER.
(Mr Renault explained that no 3rd place dividend was available to punters. The time for notification of scratchings was 7.30am on race morning. DALLAS BAXTER was scratched at 8.40am. The TAB regards any runner scratched before 9.00am as not being a late scratching and, hence, no 3rd place dividend was paid.)
5. Similar breaches in Greyhound racing have brought about the following penalties.
- Evans 2015 - $300
- Blackburn 2015 - $400
- McInerney 2015 - $200
6. The RIU feel this matter can be dealt with by means of a fine.
7. It was submitted that a fine of around $400 was appropriate and the Informant made no application for costs.
Penalty Submissions on Behalf of the Respondent
[10] Mr McInerney submitted that in the previous breaches of the Rules referred to by the Informant, the Respondent in those cases had been “more negligent”. He acknowledged that, on this occasion, things had not been dealt with in the proper manner.
[11] He also asked to have regard to the fact that no other greyhound had been denied a start in the race as a result of the late scratching of DALLAS BAXTER. He submitted that the owner had been denied the opportunity to earn stake money, as had the trainer.
Reasons for Penalty
[12] In determining penalty in this case, the Committee was able to establish a useful starting point from the case of RIU v Evans (April 2015) referred to by Mr Renault in his submissions.
[13] The facts of that case, briefly, were that a greyhound training partnership was to take thirteen dogs to a race meeting but inadvertently left one dog behind at their kennels. The omission was not discovered in time for that dog to be brought to the race meeting and, consequently, it was late scratched from its race. No other greyhound was denied a start as a result of the late scratching. The partners had a previously clear record and they admitted the charge. The partnership was fined the sum of $300. We have taken that fine as a starting point for penalty in this case.
[14] That case was of assistance to this Committee both because it was recent and because the facts were very similar to the facts in the present case.
[15] Mr McInerney has admitted the breach. No other greyhound was deprived of a start, although the turnover on the race may have been affected as a result of there being only two place dividends on the race. The fine in Evans was also based on an admission of the breach.
[16] It is also relevant to take into account, as a mitigating factor, that Mrs McInerney who, it seems, was responsible for the oversight in neglecting to inform staff that DALLAS BAXTER had regained the field, was most likely distracted as a result of the recent family bereavement, as put forward in the submissions on behalf of the Respondent.
[17] A significant aggravating factor that was not present in the Evans case is the previous breaches on Mr McInerney’s record, referred to in paragraph [9] 1. above. Whilst this factor warrants an uplift from the starting point of a $300 fine that we have adopted, Mr McInerney’s record needs to be looked at in the light of the very large number of starters from his kennel each season – 924 up to the date of hearing in the current season and a total of 5,432 in the 2014/2015 season. Thus looked at, it is not a bad record.
[18] Mr Renault has submitted to us that an appropriate penalty is a fine in the vicinity of $400. Taking a starting point of $300, as we have, and weighing up the aggravating and mitigating factors mentioned, the Committee has also arrived at a penalty of a $400 fine.
Penalty
[19] Mr McInerney is fined the sum of $400.00.
Costs
[20] No application for costs was made by the Informant. Because the hearing took place on a race day, there will be no order for costs in favour of the Judicial Control Authority.
R G McKenzie S C Ching
Chairman Committee Member
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 06/10/2015
Publish Date: 06/10/2015
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.
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hearing_title: Non Raceday Inquiry RIU v J McInerney - decision dated 6 October 2015 - Chair, Mr R McKenzie
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of the Rules of New Zealand Greyhound Racing Association
IN THE MATTER of Information No. A3899
BETWEEN MARK DAVIDSON, Stipendiary Steward, for the Racing Integrity Unit
Informant
AND JOHN McINERNEY of Homebush, Licensed Public Trainer
Respondent
Judicial Committee: Mr R G McKenzie, Chairman - Mr S C Ching, Committee Member
Present: Mr S P Renault, Stipendiary Steward (for the Informant)
Mr J McInerney Jnr (for the Respondent)
Mr R A Quirk, Registrar
Date of Hearing: 25 September 2015
Date of Decision: 6 October 2015
RESERVED DECISION OF JUDICIAL COMMITTEE ON PENALTY
The Charge
[1] Information No. A3899 alleges that, at the meeting of Otago Greyhound Racing Club on the 7th day of September 2015, Mr McInerney committed a breach of Rule 87.1.o in that, as the trainer of DALLAS BAXTER, an acceptor for Race 1, Otago First 4 Maiden Sprint, he was “negligent in that he failed to ensure DALLAS BAXTER was presented to race resulting in DALLAS BAXTER being declared a late scratching”.
[2] Mr Renault produced a letter signed by Mr M R Godber, General Manager of the Racing Integrity Unit, authorising the lodging of the information.
The Rules[3] Rule 87.1 of the Rules of New Zealand Greyhound Racing Association provides as follows:
Any person (including an Official) commits an offence if he/she:
(o) has, in relation to a Greyhound or Greyhound Racing, done a thing, or omitted to do a thing which is negligent, dishonest, corrupt, fraudulent or improper, or constitutes misconduct.
The Plea
[4] The above charge and Rule were read to Mr McInerney’s representative, Mr J McInerney Jnr, and he indicated that the charge was admitted.
The Facts
[5] Mr Renault presented the following Summary of Facts to the hearing:
1. On Monday 7 September 2015 the Otago Greyhound Racing Club held a race meeting at Forbury Park Raceway.
2. The programme for the meeting showed that Race 1 on the day was the OTAGO FIRST 4 MAIDEN SPRINT to be conducted over 310 metres for dogs classed at C0.
3. Dog number 10 in the race was shown to be DALLAS BAXTER, the second emergency. This dog is trained by licenced Public Trainer, John McInerney.
4. DALLAS BAXTER gained a start in this event after the scratchings of DEANO (number 8) and SOME EXCITMENT (number 9.)
5. SOME EXCITMENT was scratched by its trainer prior to being included in the field in accordance with the 100km rule effectively making DALLAS BAXTER the first emergency.
6. DEANO which is also trained by Mr McInerney was scratched by Gail McInerney [Mr McInerney’s wife] on Sunday, 6 September 2015, at approximately 10.45pm. Mrs McInerney was advised by the Otago GRC secretary John Carlyle that DALLAS BAXTER had gained a start in this race as a result of the scratching of DEANO.
7. Mr McInerney had 31 dogs accepted to race at the Otago GRC meeting. Kerry McInerney, Victoria Martin and Mick Kennedy began preparing the greyhounds for travel at around 2.30am on the day of the races and departed for Forbury Park at approximately 4.00am in two vehicles.
8. At around 8.00am, Johnathan McInerney was going through the fields for the Otago GRC meeting and noticed that DALLAS BAXTER had gained a start in Race 1. However, the dog was still in its kennel on the property.
9. Mr McInerney phoned Mr Kennedy a short time later and told him that DALLAS BAXTER had been left behind. The two vehicles were getting close to Oamaru at this time.
10. DALLAS BAXTER was a late scratching with the Otago GRC secretary at 8.40am after being unable to be transported to the races in time.
11. Stewards interviewed Kerry McInerney during the course of the race meeting on 7 September 2015. Mrs McInerney advised that all the dogs that are racing are written on a whiteboard at home with the reserve dogs listed in a separate area on the board. She explained that she was unaware that DALLAS BAXTER had gained a start in the race.
[6] Mr Renault explained that what had occurred was, simply, a “communication error”. The situation was not helped by the fact that DALLAS BAXTER was the 2nd emergency. The kennel would have been unaware of the earlier scratching of the 1st emergency and would not have known, until Mrs McInerney was informed by the Club, that DALLAS BAXTER had gained a start.
Submissions on behalf of the Respondent
[7] Mr McInerney said that the Summary of Facts was accepted by the Respondent.
[8] He explained that the kennel had an arrangement with the Otago GRC to ring “last thing at night” for the scratchings and withdraw the dogs under the “100 kilometres rule” at the same time. His mother had made the call and would normally have taken the reserves out. She had obviously been told that DALLAS BAXTER had gained a start. She had neglected to inform anyone, he submitted, because of circumstances – she had been involved in making arrangements for a family funeral which took place the previous day. The staff had been asleep when Mrs McInerney had made the call at 10.45pm and had loaded the dogs for the trip to Dunedin next morning, unaware that DALLAS BAXTER had got back into the field.
Penalty Submissions of the Informant
[9] Mr Renault presented the following submissions:
1. Mr McInerney has a previous breach of this rule at Waikato GRC in December 2013 when the incorrect dog was presented to race. Mr McInerney was also charged in June 2015 when failing to present a greyhound to race in a non-tote event at Wanganui and was fined $200 on that occasion. That charge must also be taken into consideration by the Committee.
2. He has started 145 individual dogs for a combined number of starters of 924 in the current 2015/16 season. He started 224 individual dogs last season for a combined number of starters of 5,432.
3. Mr McInerney has admitted fault in this situation immediately through his staff. They have been very co-operative throughout the investigation and have conducted themselves in a very professional manner.
4. Mr McInerney failed to present DALLAS BAXTER to race in an official race. DALLAS BAXTER was unable to be presented in time to race and as a result the dog was declared a late scratching, which affects the club and the owner of the dog. No 3rd dividend was available to punters on this race due to the scratching of DALLAS BAXTER.
(Mr Renault explained that no 3rd place dividend was available to punters. The time for notification of scratchings was 7.30am on race morning. DALLAS BAXTER was scratched at 8.40am. The TAB regards any runner scratched before 9.00am as not being a late scratching and, hence, no 3rd place dividend was paid.)
5. Similar breaches in Greyhound racing have brought about the following penalties.
- Evans 2015 - $300
- Blackburn 2015 - $400
- McInerney 2015 - $200
6. The RIU feel this matter can be dealt with by means of a fine.
7. It was submitted that a fine of around $400 was appropriate and the Informant made no application for costs.
Penalty Submissions on Behalf of the Respondent
[10] Mr McInerney submitted that in the previous breaches of the Rules referred to by the Informant, the Respondent in those cases had been “more negligent”. He acknowledged that, on this occasion, things had not been dealt with in the proper manner.
[11] He also asked to have regard to the fact that no other greyhound had been denied a start in the race as a result of the late scratching of DALLAS BAXTER. He submitted that the owner had been denied the opportunity to earn stake money, as had the trainer.
Reasons for Penalty
[12] In determining penalty in this case, the Committee was able to establish a useful starting point from the case of RIU v Evans (April 2015) referred to by Mr Renault in his submissions.
[13] The facts of that case, briefly, were that a greyhound training partnership was to take thirteen dogs to a race meeting but inadvertently left one dog behind at their kennels. The omission was not discovered in time for that dog to be brought to the race meeting and, consequently, it was late scratched from its race. No other greyhound was denied a start as a result of the late scratching. The partners had a previously clear record and they admitted the charge. The partnership was fined the sum of $300. We have taken that fine as a starting point for penalty in this case.
[14] That case was of assistance to this Committee both because it was recent and because the facts were very similar to the facts in the present case.
[15] Mr McInerney has admitted the breach. No other greyhound was deprived of a start, although the turnover on the race may have been affected as a result of there being only two place dividends on the race. The fine in Evans was also based on an admission of the breach.
[16] It is also relevant to take into account, as a mitigating factor, that Mrs McInerney who, it seems, was responsible for the oversight in neglecting to inform staff that DALLAS BAXTER had regained the field, was most likely distracted as a result of the recent family bereavement, as put forward in the submissions on behalf of the Respondent.
[17] A significant aggravating factor that was not present in the Evans case is the previous breaches on Mr McInerney’s record, referred to in paragraph [9] 1. above. Whilst this factor warrants an uplift from the starting point of a $300 fine that we have adopted, Mr McInerney’s record needs to be looked at in the light of the very large number of starters from his kennel each season – 924 up to the date of hearing in the current season and a total of 5,432 in the 2014/2015 season. Thus looked at, it is not a bad record.
[18] Mr Renault has submitted to us that an appropriate penalty is a fine in the vicinity of $400. Taking a starting point of $300, as we have, and weighing up the aggravating and mitigating factors mentioned, the Committee has also arrived at a penalty of a $400 fine.
Penalty
[19] Mr McInerney is fined the sum of $400.00.
Costs
[20] No application for costs was made by the Informant. Because the hearing took place on a race day, there will be no order for costs in favour of the Judicial Control Authority.
R G McKenzie S C Ching
Chairman Committee Member
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