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Non Raceday Inquiry RIU v K Gommans, A Jenkins and D Poutama – Written Reserved Decision dated 7 July 2017 – Chair, Mr P Williams

ID: JCA14995

Hearing Type:
Non-race day

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

KELLIE GOMMANS - Respondent

ADAM JENKINS - Respondent

DARCY POUTAMA - Respondent

Judicial Committee: Mr Paul Williams (Chairman), Mr Noel McCutcheon (Committee Member)

Appearing:

Mr Nick Webby, for the RIU as the Informant

Mr Simon Irving, Investigator, Racing Integrity Unit

Miss Kellie Gommans, Licensed Trainer, as the Respondent

Mr Adam Jenkins, Registered Owner, as the Respondent

Mr Darcy Poutama, Licensed Person, as the Respondent

Also Present: Mr Neil Goodwin, Registrar

Mr John Gommans, support person for Miss Gommans

Mr Jono Galuszka, Reporter from Fairfax Media

Mr Andy Cruickshank, RIU

Venue: Awapuni Racecourse Palmerston North

Date of Hearing: 27-28 June 2017

Date of Decision: 7 July 2017

WRITTEN RESERVED DECISION OF JUDICIAL COMMITTEE

1] Mr Jenkins appears before this Judicial Committee on the following charge:-

THAT on the 31st March 2017 at Manawatu Racecourse being a Licensed Person, together with Kellie Gommans and Darcy Poutama, engaged in conduct which is detrimental to the image of Greyhound racing – Information A4191

2] Ms Gommans appears before this Judicial Committee on the following charge:-

THAT on the 31st March 2017 at Manawatu Racecourse being a Licensed Person, together with Adam Jenkins and Darcy Poutama, engaged in conduct which is detrimental to the image of Greyhound racing - Information A4192

3] Mr Poutama appears before this Judicial Committee on the following charge:-

THAT on the 31st March 2017 at Manawatu Racecourse being a Licensed Person, together with Kellie Gommans and Adam Jenkins, engaged in conduct which is detrimental to the image of Greyhound racing – Information A4193

4] Rule 87.1q...... states

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

INTRODUCTION

5] Five teleconferences were held between 11 May and 12 June 2017 in an attempt to progress matters and agree on a hearing date. At the 11 May 2017 teleconference, each Respondent confirmed they had received a copy of their relevant Information along with a document entitled “Charge Rule and Penalty Provisions”. They also agreed that the hearing would be held on Tuesday 13 June 2017. At a teleconference on 24 May 2017 Mr Chris Anderson took part as the representative of Mr Jenkins. Mr Anderson also took part in a teleconference on 29 May 2017 despite having not provided any written confirmation that he was acting on behalf of any of the Respondents. He did say he had advised Mr Jenkins to admit the breach of the Rules but had not received any written instructions from him. In anticipation of receiving advice from Mr Anderson that the three Respondents would each be admitting the breach the RIU “stood down” the witnesses that they intended to have attend the hearing on 13 June 2017.

6] On the morning of 6 June 2017 Mr Anderson advised the Executive Officer of the JCA that he “was no longer having any further formal involvement with respect to this matter”. In a teleconference later that day the three Respondents confirmed that they would not be admitting the breach of the Rules. The RIU then requested the hearing be deferred from 13 June 2017 as new arrangements would have to be made to have their witnesses attend the hearing. There was no objection from the Respondents and a new hearing date of 27 and 28 June 2017 was agreed by all parties.

7] In the Minute confirming details of the 12 June 2017 teleconference each Respondent was asked to confirm to the Executive Officer JCA by email no later than noon on 16 June 2017 if they were being represented at the hearing and, if so, by whom. As of the morning of the hearing that information had not been provided by any of the Respondents.

8] At the start of the hearing Mr Poutama, Miss Gommans and Mr Jenkins each confirmed they understood the Rule under which they had been charged and also that they each denied the charge. Mr Poutama and Miss Gommans each said they were being represented by Mr Jenkins and Mr Jenkins said he was representing himself.

9] Prior to the hearing commencing Mr Webby produced three signed authorities from the General Manager of the Racing Integrity Unit, Mr M Godber, dated 10 April 2017 authorising the filing of the Informations pursuant to Rule 91.2(a), copies of which had previously been sent to the Respondents.

BACKGROUND

10] During the week of 27 March – 1 April 2017 the Manawatu RC, Manawatu HRC and Palmerston North GRC took part in “the City of Palmerston North Gold Cup Festival”. The week’s racing culminated with “Sires Produce” day at Awapuni on Saturday 1 April. During the previous evening a dual code Greyhound Racing/Harness Racing meeting was held at the Manawatu Raceway. The greyhound meeting commenced at 3.35pm with the last race being run at 6.40pm. The Harness meeting commenced at 5.19pm with the last race being run at 9.19pm. This Non Raceday Inquiry relates to alleged incidents that occurred at the Raceway towards the end of the harness race meeting on 31 March 2017.

INFORMANTS CASE

11] Mr Webby said each of Respondents faced one charge under Rule 87.1.q of engaging in conduct which is detrimental to the image of Greyhound racing at the dual code meeting on 31 March 2017 at the Manawatu Raceway, the meeting being part of the “Gold Cup Festival”. Mr Webby listed the witnesses he would be calling and said he would be asking for an Evidential Statement from a witness who was unable to attend the hearing to be read out with the agreement of both parties.

12] Mr Webby’s first witness was GRNZ licensed person Mr Brendon Cole. Mr Cole said he was in attendance at the race meeting on 31 March 2017 with his wife and daughter and several other members of the greyhound racing fraternity including several GRNZ Board Members. He said he was in the lower part of the public stand to the right of and close to the main doors. He said the first thing he saw was Mr Poutama throw something at Mr Jenkins who at the time had his back to Mr Poutama. Both were positioned in front of and close to the main doors to the grandstand. He thought it was a drink or a cup and it hit Mr Jenkins in the back of the neck. Mr Cole then said there appeared to be heated words between Mr Jenkins and Mr Poutama before Mr Jenkins walked away. A short while later Mr Jenkins returned and Mr Cole said that Mr Poutama attempted to hit Mr Jenkins in the back of the head and it was this that caused the situation to escalate. He said Mr Jenkins was “fired up” and another person who he presumed was a friend of Mr Poutama arrived and began fighting with Mr Jenkins. Mr Cole said he remained in the grandstand as the fight made its way down the hill and close to the fence on the outside of the race track. Mr Cole said there must have been at least 100 people who saw the fighting and several tried to break it up including Craig Roberts, Mr Jenkins’ father (Mr Bruce Jenkins) and Mr Irving. Mr Cole said he saw Miss Gommans go down to where the trouble was and saw her trying to restrain Mr Adam Jenkins but said he wasn’t at that stage paying too much attention to what she was doing.

13] Mr Cole said the next thing he saw was Miss Gommans kick Mr Poutama in the crutch and attempt to hit him when they were both close to the front of the grandstand.

14] Mr Webby then asked Mr Cole to look at several pages of still images taken from Trackside coverage of the 31 March 2017 race meeting. Referring to page 5 Mr Webby pointed out a man in dark trousers, white tee shirt and a black hat and asked Mr Cole if that was the person Mr Cole had earlier referred to as Mr Poutama’s friend. Mr Cole said it was. Using the same image, Mr Webby then pointed out a woman in black skirt or dress holding a man in a white shirt and asked Mr Cole if the man was Mr Adam Jenkins. Mr Cole said that it was hard to tell but it did look like Adam. To a question from Mr Webby Mr Cole reiterated that a lot of people had seen and were fully aware of what was going on, many were laughing and there were GRNZ Board members watching who were not impressed with what they saw. Mr Cole confirmed that from his position inside the grandstand he could not hear anything that was said during the incidents.

15] Mr Jenkins referred Mr Cole to page 2 of his Evidential Statement where Mr Cole said, “they started again all having heated words with each other” and asked how he could say that when he said during his evidence that he couldn’t hear anything that was said. Mr Cole said he was close to the main doors and could hear a lot of noise coming from the group Mr Jenkins was part of but not the specific detail of the conversations. Mr Jenkins then referred to Trackside still image number 4 and asked Mr Cole who was restraining him in that image. Mr Cole said it was Miss Gommans.

16] Mr Jenkins asked Mr Cole if Miss Gommans was being restrained at the time she allegedly kicked out at Mr Poutama and Mr Cole said she was but he did not know by whom.

17] Mr Jenkins then asked Mr Cole if he had “any beef” with Mr Poutama prior to 31 March 2017 and he said he didn’t. To a further question Mr Cole said he had had dealings with Mr Poutama in the past but reiterated he had no beef with him.

18] Miss Gommans and Mr Poutama had no questions of Mr Cole.

19] Mr Webby asked Mr Cole to describe what was happening when Miss Gommans kicked out at Mr Poutama. Mr Cole said there were a lot of people around and somebody was definitely holding on to her trying to pull her back.

20] The second witness for the RIU was public greyhound trainer Ms Marcelle Flipp. Ms Flipp said she was in attendance at the race meeting on 31 March 2017. She said she initially left the greyhound meeting sometime after race 2 and returned later and was with several people including Mr Dave Emmerson, Mr Craig Rendle, Mr Greg Kerr and Mr Brendon Cole in the lower part of the main grandstand closest to the birdcage. She said the grandstand was not overly full but there were a lot of people still on the lawn in front of the grandstand. She said her first recollection of things was seeing a group of people including Mr Adam Jenkins talking to a man who she now knows to be his father Mr Bruce Jenkins. The group were close to and slightly to the right of the main doors to the grandstand. She said there was no fighting but it was clear to her that Adam was getting agitated and his father was holding onto him and trying to calm him down. She also said Mr Poutama was there but she didn’t see him do anything. Ms Flipp said Andre Neal (the on-course MC for the night) then came across and appeared to calm things down and Adam then walked away past the front of the grandstand and out of her sight and remained out of her sight for about 15 minutes. Ms Flipp confirmed she couldn’t hear anything that was being said but she emphasised that she had a clear view of what was going on.

21] Ms Flipp said the next thing she saw was Mr Adam Jenkins walking past her back up to the area where she had previously seen him. She said she saw a guy in a baseball cap come towards Adam with his fists up and egging him on. She said Adam had his back towards her and the next thing it erupted into a fight. She said by this time the last harness race had started. She added that she saw Miss Gommans come over and try to stop things and then it was “all on” with Adam, Miss Gommans and the man in the baseball cap rolling around on the grass with arms and legs going everywhere and that this lasted between 1 and 2 minutes.

22] People then came in pulled them all apart and then Ms Flipp saw Miss Gommans and Adam walking up towards the grandstand and over to the birdcage fence. It was at this point Ms Flipp said she also saw Mr Irving and Mr Bruce Jenkins with Adam. She also saw Sarah Voyce trying to get Miss Gommans out of it and said at that point Miss Gommans was just standing there and then moved away. Ms Flipp said that once everybody had got up off the grass there were no more punches thrown.

23] Ms Flipp said the crowd were paying more attention to the fight than the race. She said she saw a young girl who seemed to be upset and added that a couple of women had come up to Ms Flipp and said that the girl was clearly scared about what she had seen. Ms Flipp said she was not impressed with what she had seen and such actions tarnished the image of greyhound racing and its participants and she wondered because of what had happened whether a similar Gold Cup festival meeting or any future dual code meetings would be held next season. She also said she was aware that details of the incident had been published in the Christchurch Press the following day which was also very embarrassing for the industry.

24] In conclusion Ms Flipp confirmed that the male in Trackside image number 5 with the baseball cap on was the person with the cap on she had seen previously. She also identified Miss Gommans and Mr Adam Jenkins as also being in the picture.

25] Mr Jenkins asked Ms Flipp if she had seen Mr Poutama do anything and she said she hadn’t. He then asked if she had seen any punches thrown in either of the two incidents and Ms Flipp said she definitely didn’t see any thrown the first time and couldn’t confirm if there were any thrown during the second. Mr Jenkins then asked Ms Flipp to confirm if it appeared that Miss Gommans had come in to try and stop the fight. Ms Flipp said that she saw the man with the baseball cap and Mr Jenkins fighting and then Miss Gommans had “come in”.

26] Neither Miss Gommans nor Mr Poutama had any questions of Ms Flipp and Mr Webby also had no further questions of her.

27] The third witness for the RIU was the Head of Racing at GRNZ Mr Greg Kerr. Mr Kerr said he was in attendance at the race meeting on 31 March 2017 with fellow GRNZ Board members Craig Rendle, Trevor Taylor, Sean Hannan, Greg Calverley and David Emmerson. Also present in the group was Brendon Cole. He said the group were in the lower part of the main grandstand and at the end closest to the birdcage. He said earlier in the evening he had moved around the course and kennelling block with some of the trainers and Board members.

28] Mr Kerr said he had met Mr Adam Jenkins who was with Paul Freeman in the grandstand earlier in the evening but had not met Mr Jenkins prior to that. He confirmed he continued to see him on and off throughout the evening. Mr Kerr said that around the time of last race he saw Mr Adam Jenkins making his way to the front of the outside of the grandstand with another male. He then saw a male in a white tee shirt very fired up and having a go at Mr Jenkins. He said Mr Jenkins walked away. The other male followed and then a fight broke out. He said he saw Mr Jenkins hit or slap or push the male around the ear and then they both squared off against each other. He said because he was inside he did not hear anything that was being said.

29] Mr Kerr then said the fight progressed and made its way down the grass slope towards the outside fence with the guys fighting each other on the ground. He saw Mr Bruce Jenkins and Miss Gommans on top of them trying to stop it. Mr Kerr then said he ran down to where the fight was taking place and by the time he got there Mr Adam Jenkins and Miss Gommans were on their feet and walking away with Mr Adam Jenkins in the company of Mr Roberts. The man who had been fighting with Mr Adam Jenkins was also being led away in the opposite direction by another male but at the same time still “giving it” to Mr Jenkins.

30] Mr Kerr was asked to look at Trackside image number 5 and identified the male who had been fighting with Mr Adam Jenkins. He also identified Mr Adam Jenkins and Miss Gommans on the other side of the image and also the person who led away the male who had been fighting with Mr Jenkins.

31] Mr Kerr said that up until this point he could not recall having seen Mr Poutama but then when he did see both Mr Poutama and Miss Gommans they had people holding on to them trying to keep them apart and they were both arguing. He said he saw Miss Gommans lash out at Mr Poutama with her feet and make contact with his leg or outer thigh area. Mr Kerr said at that point he was still outside the grandstand and the “lashing out” took place just by the corner of the birdcage by the walkway that leads out to the passage way that goes under the grandstand out to the car park. Mr Kerr said he couldn’t recall who was restraining both of them as there were lots of people hanging around and couldn’t make out anything that might have been said. He said after Miss Gommans lashed out at Mr Poutama they were separated and went away. Mr Kerr said at that point he went under the grandstand and spoke to Mr Freeman and Mr Irving and then went back into the grandstand.

32] Mr Kerr said there were lots of people and VIP’s still on course who witnessed what had happened. He said as the head of Greyhound Racing there was zero tolerance for this sort of behaviour. He said the Code had had a fair amount of bad publicity in the newspapers and social media and the Anti Greyhound Protection League had sent the newspaper articles about the events that took place during the evening to all MP’s and these incidents just added fuel to the fire. He said the Code needed to clean up its game. He also said he had received several messages from the Racing Board following the incidents and harness racing figures were also unimpressed. He said the industry had put a lot of money into the event and because of what had happened there was some doubt as to whether a similar meeting would be held in the future. He concluded by saying the incidents had done a reasonable amount of damage to greyhound racing.

33] Mr Jenkins asked Mr Kerr if he believed Miss Gommans was trying to break up the fight near the outside fence. Mr Kerr said his impression was that “she was either trying to restrain you, cover you or break it up”. To a further question Mr Kerr said that both Mr Poutama and Ms Gommans were clearly being restrained in an attempt to keep them apart and from arguing and not, as Mr Jenkins suggested, because they both wanted to get away from everything that was going on.

34] Neither Miss Gommans nor Mr Poutama had any questions of Mr Kerr and Mr Webby also had no further questions of him.

35] The fourth witness for the RIU was David Emmerson, a Director on the Board of GRNZ. Mr Emerson said he was in attendance at the race meeting on 31 March 2017 with fellow GRNZ Board members Craig Rendle, Trevor Taylor, Sean Hannon, Graeme Calverley as well as Marcie Flipp and some GRNZ staff members. As with the other witnesses Mr Emmerson stated he was in the lower portion of the main grandstand towards the end closest to the birdcage and he remained inside the grandstand for the duration of the incidents.

36] Mr Emmerson said he was sitting next to Ms Flipp and she said something to him which caused him to look outside. He said he saw Mr Poutama going up to an older man to who he now believes was Mr Bruce Jenkins and point towards where Mr Adam Jenkins and Miss Gommans were. Mr Emmerson said Mr Poutama and Mr Bruce Jenkins were right in front of him in front of the grandstand and were pointing to an area close to the outside fence. Mr Emmerson said he thought Mr Adam Jenkins and Miss Gommans were talking and then he saw Mr Bruce Jenkins walk up to the pair of them. Mr Emmerson then said it appeared Mr Bruce Jenkins was trying to calm down Mr Adam Jenkins who appeared edgy but the pair of them started scuffling and had each other in head locks. Miss Gommans was also in close proximity and all three ended up falling to the ground.

37] Mr Emmerson said after a couple of minutes everybody got to their feet and Mr Adam Jenkins and Miss Gommans went across to the birdcage fence with Mr Jenkins standing against the fence. He then said Miss Gommans walked to the concrete path in front the of the grandstand and, despite people trying to restrain her, lashed out at Mr Poutama with her leg hitting him around his waist area. Mr Emmerson said Mr Poutama was not being restrained at the time he was kicked and also that while that was happening Mr Adam Jenkins was still by the birdcage fence with Mr Roberts and Mr Irving. He said that after being kicked Mr Poutama moved away out of his sight. He added he didn’t see where Miss Gommans went but saw Mr Adam Jenkins being led away by Mr Irving.

38] Mr Emmerson said he did not hear anything being said by any of those involved during what he has described above.

39] Mr Jenkins asked Mr Emmerson if Mr Cole was involved in the conversation when Ms Flipp drew his attention to what was going on in front of the grandstand. Mr Emmerson said he wasn’t. Mr Emmerson also said that he did not see Mr Poutama involved in a fracas with him (Mr Adam Jenkins).

40] Neither Miss Gommans nor Mr Poutama had any questions of Mr Emmerson and Mr Webby also had no further questions of him.

41] The fifth witness for the RIU was Trevor Taylor, a Director on the Board of GRNZ. Mr Taylor said he was in attendance at the race meeting on 31 March 2017 with fellow GRNZ Board members including Craig Rendle and Dave Emmerson, and was watching the races from the lower portion of the main stand at the far end closest to the birdcage. He said there was a large crowd on course and the dual code meeting had been a well organised and well run event.

42] Mr Taylor said he happened to be looking out around the course and when he was looking to his left he saw three people talking to each other. He said one of the three was Miss Gommans and the older of the two males, he now knows, was Mr Bruce Jenkins. He said the conversation looked agitated and when asked why he came to that view he said it appeared there was “strong talking” going on. Mr Taylor said he didn’t hear anything that was said during what took place.

43] Mr Taylor said the next thing he saw was the younger male from this group of three, who he now knows to be Mr Adam Jenkins, being approached by a younger male in a white shirt and black trousers, the pair of them pushing and shoving and squaring off and the male in the white shirt throwing a punch or a hit at Mr Jenkins. Mr Jenkins was also throwing punches. The younger male then slipped over and disappeared. Mr Taylor said at that point Mr Bruce Jenkins and Miss Gommans were not with Mr Adam Jenkins.

44] Mr Taylor said the next thing he saw was a rush down to the fence on the outside of the track and a melee going on down there but he could not identify who was involved although he did see Miss Gommans rolling around on the ground and possibly also Mr Adam Jenkins. The next thing Mr Taylor said he saw was Mr Adam Jenkins being held against the birdcage fence by his father. Miss Gommans then rushed across and “tried to get involved there”. He said another person then appeared trying to break things up and then Miss Gommans lashed out at someone who was standing on the pathway. He said somebody was trying to drag Miss Gommans away but they did not succeed in doing so. Mr Taylor said he did not know who the person was that was kicked. Mr Adam Jenkins and his father then made their way to the passage way that goes under the grandstand to the car park. He said there were quite a few people down by the birdcage fence who saw what was going on as well as people still in the main grandstand.

45] Mr Jenkins asked Mr Taylor if he could recall seeing Mr Poutama involved in any of the initial incident with himself and Mr Taylor said he had no recollection of Mr Poutama being involved. He also confirmed that Mr Jenkins did not throw the first punch when approached by the younger male and only threw a punch in response to the first one thrown at him. Mr Taylor also said he did not see Mr Jenkins being assaulted at any time when down by the fence and also that he did not see him being kicked whilst on the ground. Mr Taylor did confirm that when Miss Gommans kicked out she was being restrained.

46] Miss Gommans asked Mr Taylor how long was it between the three person conversation described by Mr Taylor at the beginning of his evidence and the “rush down to the front”. Mr Taylor said it was only a few seconds.

47] Mr Poutama had no questions of Mr Taylor.

48] The Committee asked Mr Taylor whether Miss Gommans and Mr Jenkins were rolling on the ground as described by him or scuffling. He said they were scuffling. He was also asked how he could identify individuals in his Evidential Statement as, by his own admission, he was new to Greyhound racing he did not know them at the time. Mr Taylor said he had prepared a statement based on what he saw and, whilst he has since been told who the people were, their names were added afterwards by another person. He did not know who that person was.

49] Mr Webby referred Mr Taylor to Trackside image number 5 and asked him to confirm the identity of certain individuals based on what he had witnessed. He was able to identify the male in the white tee shirt (who punched Mr Adam Jenkins, Miss Gommans and Mr Adam Jenkins.

50] Mr Webby said it had been intended that Mrs Amy Poutama appear as a witness but she was about to have a baby and was unable to attend the hearing. Mr Webby asked that her Evidential Statement be read and Mr Jenkins had no objection to that happening. The Statement was read out by the Registrar and contained the following:-

“I am married to Licenced horseman Andre Poutama and we live in Auckland. Darcy Poutama is my brother-in-law. His girlfriend is Kelly Gommans and they live together in Turakina. On Friday 31st March 2017 I attended the Gold Cup Racing Festival race meeting at Manawatu Raceway. Andre was driving that evening but he didn’t have a drive in the last race.

I wasn't drinking alcohol. We both walked over from the stables to watch the last race. I said to Andre gosh there' s a fight on the lawn. We were both watching the race but I peered over and noticed Kelly Gommans was involved. I said to Andre we need to go and have a look to make sure Darcy's not involved.

By the time we walked past the birdcage and onto the path to the main stand things seemed to have calmed down. I saw Adam Jenkins pinned up against the fence with Kelly next to him. We couldn't see Darcy at that point. We were standing on the path and Darcy came over and stood next to us. He seemed quite calm. I wouldn’ t have been standing where I was in my condition if I thought there was any fighting still going on.

Kelly came over and out of absolute nowhere she just kicked Darcy right in his leg. It was quite hard and enough force to make his leg buckle. She didn't have shoes on. He fell towards me and that's what kicked off things again. Kelly was screaming at him things like "Adam has done nothing wrong" and Darcy started yelling back at her. I think Sarah Voyce was next to Kelly. Kelly was then restrained but I don't by whom. She was struggling and lashing out with fists flying but nothing more connected with Darcy. She was uncontrollable and I have never seen her like that before.

Darcy then went toward the access way that leads to the back carpark. Andre and I followed him out the back too. Darcy punched one of the wooden walls on his way out and he was pretty angry. He continued raving on like a lunatic down the driveway out towards the road.

Kelly was continuing screaming down the driveway at Darcy, yelling things like he was a piece of shit and he was nothing without her. She was yelling that he needs to move out and the dogs are all in her name so he's all done. She was saying nasty things and was clearly out of control. It was like she was standing up for Adam and I could gather that something must have happened between Adam and Darcy.

Adam was also yelling out that everyone who was involved would be sorry and he'd get them. A lot of members of the public were walking to their cars in that area as the last race had finished. Andre and I were speaking to Darcy down the back telling him he couldn't do this here and it was so unprofessional. He was uncontrollable but we got him as far down the fence of the driveway as we could. Kelly and Adam were coming up behind us still yelling and carrying on.

I was worried that Darcy was going to drive and I got the car keys off him. Adam was threatening everybody. A security guard was in between them. Darcy's dad (Warren Poutama) drove by in the mobile car and we got him to help manage Darcy while Andre continued driving the mobile car. We then got Darcy into our car to remove him from the situation.

Wit

Appeal Decision: NO LINKED APPEAL DECISION

Decision Date: 13/07/2017

Publish Date: 13/07/2017

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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decisiondate: 13/07/2017


hearing_title: Non Raceday Inquiry RIU v K Gommans, A Jenkins and D Poutama - Written Reserved Decision dated 7 July 2017 - Chair, Mr P Williams


charge:


facts:


appealdecision: NO LINKED APPEAL DECISION


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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

KELLIE GOMMANS - Respondent

ADAM JENKINS - Respondent

DARCY POUTAMA - Respondent

Judicial Committee: Mr Paul Williams (Chairman), Mr Noel McCutcheon (Committee Member)

Appearing:

Mr Nick Webby, for the RIU as the Informant

Mr Simon Irving, Investigator, Racing Integrity Unit

Miss Kellie Gommans, Licensed Trainer, as the Respondent

Mr Adam Jenkins, Registered Owner, as the Respondent

Mr Darcy Poutama, Licensed Person, as the Respondent

Also Present: Mr Neil Goodwin, Registrar

Mr John Gommans, support person for Miss Gommans

Mr Jono Galuszka, Reporter from Fairfax Media

Mr Andy Cruickshank, RIU

Venue: Awapuni Racecourse Palmerston North

Date of Hearing: 27-28 June 2017

Date of Decision: 7 July 2017

WRITTEN RESERVED DECISION OF JUDICIAL COMMITTEE

1] Mr Jenkins appears before this Judicial Committee on the following charge:-

THAT on the 31st March 2017 at Manawatu Racecourse being a Licensed Person, together with Kellie Gommans and Darcy Poutama, engaged in conduct which is detrimental to the image of Greyhound racing – Information A4191

2] Ms Gommans appears before this Judicial Committee on the following charge:-

THAT on the 31st March 2017 at Manawatu Racecourse being a Licensed Person, together with Adam Jenkins and Darcy Poutama, engaged in conduct which is detrimental to the image of Greyhound racing - Information A4192

3] Mr Poutama appears before this Judicial Committee on the following charge:-

THAT on the 31st March 2017 at Manawatu Racecourse being a Licensed Person, together with Kellie Gommans and Adam Jenkins, engaged in conduct which is detrimental to the image of Greyhound racing – Information A4193

4] Rule 87.1q...... states

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

INTRODUCTION

5] Five teleconferences were held between 11 May and 12 June 2017 in an attempt to progress matters and agree on a hearing date. At the 11 May 2017 teleconference, each Respondent confirmed they had received a copy of their relevant Information along with a document entitled “Charge Rule and Penalty Provisions”. They also agreed that the hearing would be held on Tuesday 13 June 2017. At a teleconference on 24 May 2017 Mr Chris Anderson took part as the representative of Mr Jenkins. Mr Anderson also took part in a teleconference on 29 May 2017 despite having not provided any written confirmation that he was acting on behalf of any of the Respondents. He did say he had advised Mr Jenkins to admit the breach of the Rules but had not received any written instructions from him. In anticipation of receiving advice from Mr Anderson that the three Respondents would each be admitting the breach the RIU “stood down” the witnesses that they intended to have attend the hearing on 13 June 2017.

6] On the morning of 6 June 2017 Mr Anderson advised the Executive Officer of the JCA that he “was no longer having any further formal involvement with respect to this matter”. In a teleconference later that day the three Respondents confirmed that they would not be admitting the breach of the Rules. The RIU then requested the hearing be deferred from 13 June 2017 as new arrangements would have to be made to have their witnesses attend the hearing. There was no objection from the Respondents and a new hearing date of 27 and 28 June 2017 was agreed by all parties.

7] In the Minute confirming details of the 12 June 2017 teleconference each Respondent was asked to confirm to the Executive Officer JCA by email no later than noon on 16 June 2017 if they were being represented at the hearing and, if so, by whom. As of the morning of the hearing that information had not been provided by any of the Respondents.

8] At the start of the hearing Mr Poutama, Miss Gommans and Mr Jenkins each confirmed they understood the Rule under which they had been charged and also that they each denied the charge. Mr Poutama and Miss Gommans each said they were being represented by Mr Jenkins and Mr Jenkins said he was representing himself.

9] Prior to the hearing commencing Mr Webby produced three signed authorities from the General Manager of the Racing Integrity Unit, Mr M Godber, dated 10 April 2017 authorising the filing of the Informations pursuant to Rule 91.2(a), copies of which had previously been sent to the Respondents.

BACKGROUND

10] During the week of 27 March – 1 April 2017 the Manawatu RC, Manawatu HRC and Palmerston North GRC took part in “the City of Palmerston North Gold Cup Festival”. The week’s racing culminated with “Sires Produce” day at Awapuni on Saturday 1 April. During the previous evening a dual code Greyhound Racing/Harness Racing meeting was held at the Manawatu Raceway. The greyhound meeting commenced at 3.35pm with the last race being run at 6.40pm. The Harness meeting commenced at 5.19pm with the last race being run at 9.19pm. This Non Raceday Inquiry relates to alleged incidents that occurred at the Raceway towards the end of the harness race meeting on 31 March 2017.

INFORMANTS CASE

11] Mr Webby said each of Respondents faced one charge under Rule 87.1.q of engaging in conduct which is detrimental to the image of Greyhound racing at the dual code meeting on 31 March 2017 at the Manawatu Raceway, the meeting being part of the “Gold Cup Festival”. Mr Webby listed the witnesses he would be calling and said he would be asking for an Evidential Statement from a witness who was unable to attend the hearing to be read out with the agreement of both parties.

12] Mr Webby’s first witness was GRNZ licensed person Mr Brendon Cole. Mr Cole said he was in attendance at the race meeting on 31 March 2017 with his wife and daughter and several other members of the greyhound racing fraternity including several GRNZ Board Members. He said he was in the lower part of the public stand to the right of and close to the main doors. He said the first thing he saw was Mr Poutama throw something at Mr Jenkins who at the time had his back to Mr Poutama. Both were positioned in front of and close to the main doors to the grandstand. He thought it was a drink or a cup and it hit Mr Jenkins in the back of the neck. Mr Cole then said there appeared to be heated words between Mr Jenkins and Mr Poutama before Mr Jenkins walked away. A short while later Mr Jenkins returned and Mr Cole said that Mr Poutama attempted to hit Mr Jenkins in the back of the head and it was this that caused the situation to escalate. He said Mr Jenkins was “fired up” and another person who he presumed was a friend of Mr Poutama arrived and began fighting with Mr Jenkins. Mr Cole said he remained in the grandstand as the fight made its way down the hill and close to the fence on the outside of the race track. Mr Cole said there must have been at least 100 people who saw the fighting and several tried to break it up including Craig Roberts, Mr Jenkins’ father (Mr Bruce Jenkins) and Mr Irving. Mr Cole said he saw Miss Gommans go down to where the trouble was and saw her trying to restrain Mr Adam Jenkins but said he wasn’t at that stage paying too much attention to what she was doing.

13] Mr Cole said the next thing he saw was Miss Gommans kick Mr Poutama in the crutch and attempt to hit him when they were both close to the front of the grandstand.

14] Mr Webby then asked Mr Cole to look at several pages of still images taken from Trackside coverage of the 31 March 2017 race meeting. Referring to page 5 Mr Webby pointed out a man in dark trousers, white tee shirt and a black hat and asked Mr Cole if that was the person Mr Cole had earlier referred to as Mr Poutama’s friend. Mr Cole said it was. Using the same image, Mr Webby then pointed out a woman in black skirt or dress holding a man in a white shirt and asked Mr Cole if the man was Mr Adam Jenkins. Mr Cole said that it was hard to tell but it did look like Adam. To a question from Mr Webby Mr Cole reiterated that a lot of people had seen and were fully aware of what was going on, many were laughing and there were GRNZ Board members watching who were not impressed with what they saw. Mr Cole confirmed that from his position inside the grandstand he could not hear anything that was said during the incidents.

15] Mr Jenkins referred Mr Cole to page 2 of his Evidential Statement where Mr Cole said, “they started again all having heated words with each other” and asked how he could say that when he said during his evidence that he couldn’t hear anything that was said. Mr Cole said he was close to the main doors and could hear a lot of noise coming from the group Mr Jenkins was part of but not the specific detail of the conversations. Mr Jenkins then referred to Trackside still image number 4 and asked Mr Cole who was restraining him in that image. Mr Cole said it was Miss Gommans.

16] Mr Jenkins asked Mr Cole if Miss Gommans was being restrained at the time she allegedly kicked out at Mr Poutama and Mr Cole said she was but he did not know by whom.

17] Mr Jenkins then asked Mr Cole if he had “any beef” with Mr Poutama prior to 31 March 2017 and he said he didn’t. To a further question Mr Cole said he had had dealings with Mr Poutama in the past but reiterated he had no beef with him.

18] Miss Gommans and Mr Poutama had no questions of Mr Cole.

19] Mr Webby asked Mr Cole to describe what was happening when Miss Gommans kicked out at Mr Poutama. Mr Cole said there were a lot of people around and somebody was definitely holding on to her trying to pull her back.

20] The second witness for the RIU was public greyhound trainer Ms Marcelle Flipp. Ms Flipp said she was in attendance at the race meeting on 31 March 2017. She said she initially left the greyhound meeting sometime after race 2 and returned later and was with several people including Mr Dave Emmerson, Mr Craig Rendle, Mr Greg Kerr and Mr Brendon Cole in the lower part of the main grandstand closest to the birdcage. She said the grandstand was not overly full but there were a lot of people still on the lawn in front of the grandstand. She said her first recollection of things was seeing a group of people including Mr Adam Jenkins talking to a man who she now knows to be his father Mr Bruce Jenkins. The group were close to and slightly to the right of the main doors to the grandstand. She said there was no fighting but it was clear to her that Adam was getting agitated and his father was holding onto him and trying to calm him down. She also said Mr Poutama was there but she didn’t see him do anything. Ms Flipp said Andre Neal (the on-course MC for the night) then came across and appeared to calm things down and Adam then walked away past the front of the grandstand and out of her sight and remained out of her sight for about 15 minutes. Ms Flipp confirmed she couldn’t hear anything that was being said but she emphasised that she had a clear view of what was going on.

21] Ms Flipp said the next thing she saw was Mr Adam Jenkins walking past her back up to the area where she had previously seen him. She said she saw a guy in a baseball cap come towards Adam with his fists up and egging him on. She said Adam had his back towards her and the next thing it erupted into a fight. She said by this time the last harness race had started. She added that she saw Miss Gommans come over and try to stop things and then it was “all on” with Adam, Miss Gommans and the man in the baseball cap rolling around on the grass with arms and legs going everywhere and that this lasted between 1 and 2 minutes.

22] People then came in pulled them all apart and then Ms Flipp saw Miss Gommans and Adam walking up towards the grandstand and over to the birdcage fence. It was at this point Ms Flipp said she also saw Mr Irving and Mr Bruce Jenkins with Adam. She also saw Sarah Voyce trying to get Miss Gommans out of it and said at that point Miss Gommans was just standing there and then moved away. Ms Flipp said that once everybody had got up off the grass there were no more punches thrown.

23] Ms Flipp said the crowd were paying more attention to the fight than the race. She said she saw a young girl who seemed to be upset and added that a couple of women had come up to Ms Flipp and said that the girl was clearly scared about what she had seen. Ms Flipp said she was not impressed with what she had seen and such actions tarnished the image of greyhound racing and its participants and she wondered because of what had happened whether a similar Gold Cup festival meeting or any future dual code meetings would be held next season. She also said she was aware that details of the incident had been published in the Christchurch Press the following day which was also very embarrassing for the industry.

24] In conclusion Ms Flipp confirmed that the male in Trackside image number 5 with the baseball cap on was the person with the cap on she had seen previously. She also identified Miss Gommans and Mr Adam Jenkins as also being in the picture.

25] Mr Jenkins asked Ms Flipp if she had seen Mr Poutama do anything and she said she hadn’t. He then asked if she had seen any punches thrown in either of the two incidents and Ms Flipp said she definitely didn’t see any thrown the first time and couldn’t confirm if there were any thrown during the second. Mr Jenkins then asked Ms Flipp to confirm if it appeared that Miss Gommans had come in to try and stop the fight. Ms Flipp said that she saw the man with the baseball cap and Mr Jenkins fighting and then Miss Gommans had “come in”.

26] Neither Miss Gommans nor Mr Poutama had any questions of Ms Flipp and Mr Webby also had no further questions of her.

27] The third witness for the RIU was the Head of Racing at GRNZ Mr Greg Kerr. Mr Kerr said he was in attendance at the race meeting on 31 March 2017 with fellow GRNZ Board members Craig Rendle, Trevor Taylor, Sean Hannan, Greg Calverley and David Emmerson. Also present in the group was Brendon Cole. He said the group were in the lower part of the main grandstand and at the end closest to the birdcage. He said earlier in the evening he had moved around the course and kennelling block with some of the trainers and Board members.

28] Mr Kerr said he had met Mr Adam Jenkins who was with Paul Freeman in the grandstand earlier in the evening but had not met Mr Jenkins prior to that. He confirmed he continued to see him on and off throughout the evening. Mr Kerr said that around the time of last race he saw Mr Adam Jenkins making his way to the front of the outside of the grandstand with another male. He then saw a male in a white tee shirt very fired up and having a go at Mr Jenkins. He said Mr Jenkins walked away. The other male followed and then a fight broke out. He said he saw Mr Jenkins hit or slap or push the male around the ear and then they both squared off against each other. He said because he was inside he did not hear anything that was being said.

29] Mr Kerr then said the fight progressed and made its way down the grass slope towards the outside fence with the guys fighting each other on the ground. He saw Mr Bruce Jenkins and Miss Gommans on top of them trying to stop it. Mr Kerr then said he ran down to where the fight was taking place and by the time he got there Mr Adam Jenkins and Miss Gommans were on their feet and walking away with Mr Adam Jenkins in the company of Mr Roberts. The man who had been fighting with Mr Adam Jenkins was also being led away in the opposite direction by another male but at the same time still “giving it” to Mr Jenkins.

30] Mr Kerr was asked to look at Trackside image number 5 and identified the male who had been fighting with Mr Adam Jenkins. He also identified Mr Adam Jenkins and Miss Gommans on the other side of the image and also the person who led away the male who had been fighting with Mr Jenkins.

31] Mr Kerr said that up until this point he could not recall having seen Mr Poutama but then when he did see both Mr Poutama and Miss Gommans they had people holding on to them trying to keep them apart and they were both arguing. He said he saw Miss Gommans lash out at Mr Poutama with her feet and make contact with his leg or outer thigh area. Mr Kerr said at that point he was still outside the grandstand and the “lashing out” took place just by the corner of the birdcage by the walkway that leads out to the passage way that goes under the grandstand out to the car park. Mr Kerr said he couldn’t recall who was restraining both of them as there were lots of people hanging around and couldn’t make out anything that might have been said. He said after Miss Gommans lashed out at Mr Poutama they were separated and went away. Mr Kerr said at that point he went under the grandstand and spoke to Mr Freeman and Mr Irving and then went back into the grandstand.

32] Mr Kerr said there were lots of people and VIP’s still on course who witnessed what had happened. He said as the head of Greyhound Racing there was zero tolerance for this sort of behaviour. He said the Code had had a fair amount of bad publicity in the newspapers and social media and the Anti Greyhound Protection League had sent the newspaper articles about the events that took place during the evening to all MP’s and these incidents just added fuel to the fire. He said the Code needed to clean up its game. He also said he had received several messages from the Racing Board following the incidents and harness racing figures were also unimpressed. He said the industry had put a lot of money into the event and because of what had happened there was some doubt as to whether a similar meeting would be held in the future. He concluded by saying the incidents had done a reasonable amount of damage to greyhound racing.

33] Mr Jenkins asked Mr Kerr if he believed Miss Gommans was trying to break up the fight near the outside fence. Mr Kerr said his impression was that “she was either trying to restrain you, cover you or break it up”. To a further question Mr Kerr said that both Mr Poutama and Ms Gommans were clearly being restrained in an attempt to keep them apart and from arguing and not, as Mr Jenkins suggested, because they both wanted to get away from everything that was going on.

34] Neither Miss Gommans nor Mr Poutama had any questions of Mr Kerr and Mr Webby also had no further questions of him.

35] The fourth witness for the RIU was David Emmerson, a Director on the Board of GRNZ. Mr Emerson said he was in attendance at the race meeting on 31 March 2017 with fellow GRNZ Board members Craig Rendle, Trevor Taylor, Sean Hannon, Graeme Calverley as well as Marcie Flipp and some GRNZ staff members. As with the other witnesses Mr Emmerson stated he was in the lower portion of the main grandstand towards the end closest to the birdcage and he remained inside the grandstand for the duration of the incidents.

36] Mr Emmerson said he was sitting next to Ms Flipp and she said something to him which caused him to look outside. He said he saw Mr Poutama going up to an older man to who he now believes was Mr Bruce Jenkins and point towards where Mr Adam Jenkins and Miss Gommans were. Mr Emmerson said Mr Poutama and Mr Bruce Jenkins were right in front of him in front of the grandstand and were pointing to an area close to the outside fence. Mr Emmerson said he thought Mr Adam Jenkins and Miss Gommans were talking and then he saw Mr Bruce Jenkins walk up to the pair of them. Mr Emmerson then said it appeared Mr Bruce Jenkins was trying to calm down Mr Adam Jenkins who appeared edgy but the pair of them started scuffling and had each other in head locks. Miss Gommans was also in close proximity and all three ended up falling to the ground.

37] Mr Emmerson said after a couple of minutes everybody got to their feet and Mr Adam Jenkins and Miss Gommans went across to the birdcage fence with Mr Jenkins standing against the fence. He then said Miss Gommans walked to the concrete path in front the of the grandstand and, despite people trying to restrain her, lashed out at Mr Poutama with her leg hitting him around his waist area. Mr Emmerson said Mr Poutama was not being restrained at the time he was kicked and also that while that was happening Mr Adam Jenkins was still by the birdcage fence with Mr Roberts and Mr Irving. He said that after being kicked Mr Poutama moved away out of his sight. He added he didn’t see where Miss Gommans went but saw Mr Adam Jenkins being led away by Mr Irving.

38] Mr Emmerson said he did not hear anything being said by any of those involved during what he has described above.

39] Mr Jenkins asked Mr Emmerson if Mr Cole was involved in the conversation when Ms Flipp drew his attention to what was going on in front of the grandstand. Mr Emmerson said he wasn’t. Mr Emmerson also said that he did not see Mr Poutama involved in a fracas with him (Mr Adam Jenkins).

40] Neither Miss Gommans nor Mr Poutama had any questions of Mr Emmerson and Mr Webby also had no further questions of him.

41] The fifth witness for the RIU was Trevor Taylor, a Director on the Board of GRNZ. Mr Taylor said he was in attendance at the race meeting on 31 March 2017 with fellow GRNZ Board members including Craig Rendle and Dave Emmerson, and was watching the races from the lower portion of the main stand at the far end closest to the birdcage. He said there was a large crowd on course and the dual code meeting had been a well organised and well run event.

42] Mr Taylor said he happened to be looking out around the course and when he was looking to his left he saw three people talking to each other. He said one of the three was Miss Gommans and the older of the two males, he now knows, was Mr Bruce Jenkins. He said the conversation looked agitated and when asked why he came to that view he said it appeared there was “strong talking” going on. Mr Taylor said he didn’t hear anything that was said during what took place.

43] Mr Taylor said the next thing he saw was the younger male from this group of three, who he now knows to be Mr Adam Jenkins, being approached by a younger male in a white shirt and black trousers, the pair of them pushing and shoving and squaring off and the male in the white shirt throwing a punch or a hit at Mr Jenkins. Mr Jenkins was also throwing punches. The younger male then slipped over and disappeared. Mr Taylor said at that point Mr Bruce Jenkins and Miss Gommans were not with Mr Adam Jenkins.

44] Mr Taylor said the next thing he saw was a rush down to the fence on the outside of the track and a melee going on down there but he could not identify who was involved although he did see Miss Gommans rolling around on the ground and possibly also Mr Adam Jenkins. The next thing Mr Taylor said he saw was Mr Adam Jenkins being held against the birdcage fence by his father. Miss Gommans then rushed across and “tried to get involved there”. He said another person then appeared trying to break things up and then Miss Gommans lashed out at someone who was standing on the pathway. He said somebody was trying to drag Miss Gommans away but they did not succeed in doing so. Mr Taylor said he did not know who the person was that was kicked. Mr Adam Jenkins and his father then made their way to the passage way that goes under the grandstand to the car park. He said there were quite a few people down by the birdcage fence who saw what was going on as well as people still in the main grandstand.

45] Mr Jenkins asked Mr Taylor if he could recall seeing Mr Poutama involved in any of the initial incident with himself and Mr Taylor said he had no recollection of Mr Poutama being involved. He also confirmed that Mr Jenkins did not throw the first punch when approached by the younger male and only threw a punch in response to the first one thrown at him. Mr Taylor also said he did not see Mr Jenkins being assaulted at any time when down by the fence and also that he did not see him being kicked whilst on the ground. Mr Taylor did confirm that when Miss Gommans kicked out she was being restrained.

46] Miss Gommans asked Mr Taylor how long was it between the three person conversation described by Mr Taylor at the beginning of his evidence and the “rush down to the front”. Mr Taylor said it was only a few seconds.

47] Mr Poutama had no questions of Mr Taylor.

48] The Committee asked Mr Taylor whether Miss Gommans and Mr Jenkins were rolling on the ground as described by him or scuffling. He said they were scuffling. He was also asked how he could identify individuals in his Evidential Statement as, by his own admission, he was new to Greyhound racing he did not know them at the time. Mr Taylor said he had prepared a statement based on what he saw and, whilst he has since been told who the people were, their names were added afterwards by another person. He did not know who that person was.

49] Mr Webby referred Mr Taylor to Trackside image number 5 and asked him to confirm the identity of certain individuals based on what he had witnessed. He was able to identify the male in the white tee shirt (who punched Mr Adam Jenkins, Miss Gommans and Mr Adam Jenkins.

50] Mr Webby said it had been intended that Mrs Amy Poutama appear as a witness but she was about to have a baby and was unable to attend the hearing. Mr Webby asked that her Evidential Statement be read and Mr Jenkins had no objection to that happening. The Statement was read out by the Registrar and contained the following:-

“I am married to Licenced horseman Andre Poutama and we live in Auckland. Darcy Poutama is my brother-in-law. His girlfriend is Kelly Gommans and they live together in Turakina. On Friday 31st March 2017 I attended the Gold Cup Racing Festival race meeting at Manawatu Raceway. Andre was driving that evening but he didn’t have a drive in the last race.

I wasn't drinking alcohol. We both walked over from the stables to watch the last race. I said to Andre gosh there' s a fight on the lawn. We were both watching the race but I peered over and noticed Kelly Gommans was involved. I said to Andre we need to go and have a look to make sure Darcy's not involved.

By the time we walked past the birdcage and onto the path to the main stand things seemed to have calmed down. I saw Adam Jenkins pinned up against the fence with Kelly next to him. We couldn't see Darcy at that point. We were standing on the path and Darcy came over and stood next to us. He seemed quite calm. I wouldn’ t have been standing where I was in my condition if I thought there was any fighting still going on.

Kelly came over and out of absolute nowhere she just kicked Darcy right in his leg. It was quite hard and enough force to make his leg buckle. She didn't have shoes on. He fell towards me and that's what kicked off things again. Kelly was screaming at him things like "Adam has done nothing wrong" and Darcy started yelling back at her. I think Sarah Voyce was next to Kelly. Kelly was then restrained but I don't by whom. She was struggling and lashing out with fists flying but nothing more connected with Darcy. She was uncontrollable and I have never seen her like that before.

Darcy then went toward the access way that leads to the back carpark. Andre and I followed him out the back too. Darcy punched one of the wooden walls on his way out and he was pretty angry. He continued raving on like a lunatic down the driveway out towards the road.

Kelly was continuing screaming down the driveway at Darcy, yelling things like he was a piece of shit and he was nothing without her. She was yelling that he needs to move out and the dogs are all in her name so he's all done. She was saying nasty things and was clearly out of control. It was like she was standing up for Adam and I could gather that something must have happened between Adam and Darcy.

Adam was also yelling out that everyone who was involved would be sorry and he'd get them. A lot of members of the public were walking to their cars in that area as the last race had finished. Andre and I were speaking to Darcy down the back telling him he couldn't do this here and it was so unprofessional. He was uncontrollable but we got him as far down the fence of the driveway as we could. Kelly and Adam were coming up behind us still yelling and carrying on.

I was worried that Darcy was going to drive and I got the car keys off him. Adam was threatening everybody. A security guard was in between them. Darcy's dad (Warren Poutama) drove by in the mobile car and we got him to help manage Darcy while Andre continued driving the mobile car. We then got Darcy into our car to remove him from the situation.

Wit


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