Non Raceday Inquiry RIU v J McInerney – Reserved Decision dated 12 July 2018 – Chair, Mr P Williams

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decisiondate: 13/07/2018

hearing_title: Non Raceday Inquiry RIU v J McInerney - Reserved Decision dated 12 July 2018 - Chair, Mr P Williams

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Decision:

BEFORE THE JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

AND IN THE MATTER of the Rules of New Zealand Greyhound Racing Authority (Incorporated)

BETWEEN

RACING INTEGRITY UNIT (RIU) - Informant

AND

JOHN MCINERNEY - Respondent

Judicial Committee: Mr Paul Williams (Chairman), Mr Tangi Utikere (Committee Member)

Appearing:

Mr Michael Austin, Racing Integrity Unit, as the Informant

Mr John McInerney, Licensed Trainer, as the Respondent

Venue: Matter was heard on the papers

Date of Teleconference: 11 July 2018

Date of Decision: 12 July 2018

RESERVED DECISION OF JUDICIAL COMMITTEE

1] On 6 July 2018 at the Wanganui Greyhound Racing Club meeting at Wanganui Mr McInerney was charged with a breach of Rule 45.11 of the Rules of the New Zealand Greyhound Racing Association Incorporated (the Rules) in that, as stated in Information A11001, “the McInerney kennels presented “Doosh” 2.3 kgs down from his last start on the 18 June 2018. This is the North Island kennels third offence in less than 120 days”.

2] Mr Austin advised the Committee there was an error in the wording of the Information in that the offence was the McInerney kennels third breach of the Rule in less than 120 days and not the third breach by the satellite McInerney kennels based at Foxton. This was noted by the Committee but not deemed to justify a new Information being filed and another hearing timetabled.

3] Rule 45.11 states:- Where the weight of a greyhound recorded at a Meeting varies by more than one and half (1.5) kilograms from the weight recorded in a Race in which it last performed that Greyhound shall be permitted to compete in the current Race but the Trainer of the Greyhound shall be guilty of an Offence unless permission has been granted under Rule 45.12”.

4] The Sixth Schedule of the Rules is a list of breaches of Rules classified as Minor Infringements. The schedule lists the penalty to be imposed if a Minor Infringement occurs and also the penalty to be imposed if a second breach of the same Rule occurs within 120 days of the first breach. Where a third breach of the same Rule occurs within 120 days of the first breach the matter is referred to the Judicial Control Authority to determine the penalty to be imposed. Rule 45.11 is included in the list of Minor Infringements in the Sixth Schedule of the Rules.

5] Rule 45.12 details the criteria to be met before a penalty can be waived and it is sufficient to say that in this case Mr Austin decided the criteria was not met.

6] At the start of the hearing, and in answer to a question from the Committee, Mr McInerney said he was unaware of whose signature appeared at the bottom of the Information admitting the breach. Mr Austin confirmed to the Committee that it was that of Michaela Attwood who was representing the kennels and present when “Doosh” was weighed prior to being kennelled.

7] In an email dated 10 July 2018 to Mr McInerney he was advised that a teleconference would be held today (11 July 2018) to determine this matter. On receipt of the email Mr McInerney contacted the Executive Officer JCA (Executive Officer) and said he “had not been told anything about this”. At the beginning of the teleconference Mr McInerney, having been provided a copy of the signed Information by the Executive Officer earlier today, was advised of the details of the process to be followed when a third breach of a minor infringement Rule occurs within a 120-day period. Mr McInerney said he was unaware of the Rule 45.11 until late last month because he had never previously breached the Rule but indicated he had no issues with the hearing continuing.

8] Further comment will be made on Mr McInerney’s lack of knowledge about Rule 45.11 in paragraph 16 below and also on the non-communication of the breach of the Rule direct to Mr McInerney - paragraph 17 below.

9] Mr Austin briefly explained the process for weighing greyhounds at the Wanganui track. He confirmed “Doosh” was correctly weighed with Stipendiary Steward Mr Bateup and Ms Attwood both being present for the weighing of the greyhound. Because “Doosh” weighed in 2.3kgs under its last start weight on 18 June 2018 Information 11001 was served on Ms Attwood who signed it admitting the breach.

10] Mr McInerney told the Committee that, given the greyhound weighed in 2.3kg lighter than at its previous start, he would have expected the vet to at least take its temperature to make sure it was fit to race. He thought being 2.3kgs lighter meant the greyhound may have been suffering from a virus or kennel cough and he added that was probably the case as the dog finished last in its race. To a question from the Committee Mr McInerney agreed that his kennels’ representative, on noting the weight variance, could have asked for an examination by the vet but he conceded she probably did not have enough knowledge about the greyhound to be concerned and ask for the examination to be carried out. Mr Austin commented that had the vet had any concerns about the health of the greyhound he would have advised Mr Bateup that it should be scratched.

SUBMISSIONS ON PENALTY

11] Mr Austin submitted this was the first time in the 2017/2018 season the McInerney kennels had breached the Rule on 3 occasions within a 120-day period. He said whilst Mr McInerney has two training operations – at Darfield in the South Island and Foxton in the North Island – the RIU treated them as one operation. He said in the 2017/2018 season Mr McInerney has had over 5400 starters and submitted that, given Mr McInerney’s good record in relation to this Rule, the RIU believed a fine of $150 was an appropriate penalty on this occasion.

12] Mr McInerney said in the last 120 days he has had approximately 2700 starters. He said he had only become aware of the weight infringement Rule following a breach at the Forbury Park meeting on 26 June 2018 but accepted he was responsible for being aware of the Rule’s existence. He said that the RIU’s submission of a fine of $150 was acceptable to him.

REASONS FOR PENALTY

13] The breach of the Rule on 6 July 2018 was the third in 24 days for the McInerney kennels with the previous breaches being on 26 June 2018 and 12 June 2018. In addition, though not considered when determining the penalty to be imposed today, Mr McInerney has breached the Rule on two other occasions this season.

14] The Minor Infringement Table within the Sixth Schedule of the Rules states that for a first breach of this Rule the penalty to be imposed, if agreed to by the Respondent, is a fine of $100. For a second breach within 120 days the penalty to be imposed, if agreed to by the Respondent, is a fine of $150.

15] Mr McInerney operates two training establishments. However, the RIU treat the combined operations as one, as do Greyhound Racing New Zealand when publishing details of the trainer’s premiership table. Given the number of starters the combined kennels have had this season for this to be the first “3 time” breach of Rule 45.11 means we consider Mr McInerney’s record to be very good.

16] The Committee is surprised that Mr McInerney claims to have been unaware of the weight variance Rule until late last month. In addition to the 5 breaches in the current season, in the 2016/2017 season Mr McInerney breached the Rule on two occasions and in the previous season on 14 occasions. That said, these previous breaches have also not been taken into consideration when arriving at today’s penalty.

17] The Committee feels the communication issue raised by Mr McInerney warrants further comment. To avoid future situations where a trainer is not on course when a Rule listed in the Minor Infringement Schedule is breached, and the breach is admitted by a kennel representative as is often the case, the Committee believes it would be helpful when the Information is forwarded to the Executive Officer for processing that the RIU also send a copy direct to the trainer at the same time so that the trainer is fully aware of the breach of the Rule having occurred.

18] After considering the submissions of both parties and taking all of the above into account, we believe a penalty by way of a fine larger than that imposed for a second breach of the Rule within the 120-day period is appropriate. We believe the fact that a third breach of this Rule within 120 days requires the matter to be determined by the JCA, supports the expectation for a penalty greater than that imposed for a second breach within 120 days. The Committee has therefore adopted a starting point penalty of a $200 fine but, given Mr McInerney’s good record considering the number of greyhounds he trains, we reduce that to $175.

PENALTY

19] Mr McInerney is fined $175.

COSTS

[20] The Informant did not seek an order for costs and as the matter was heard on the papers there will be no order for costs in favour of the JCA.

Dated at Wellington this 12th day of July 2018

Paul Williams

Chairman

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