Non Raceday Inquiry RIU v L Philips heard 16 August 2013 – Decision

hearingid: 04add3038972ff13ccb98ef63fe85c2c

informantnumber: A4741

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startdate: no date provided

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decisiondate: 01/09/2013

hearing_title: Non Raceday Inquiry RIU v L Philips heard 16 August 2013 - Decision

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

BEFORE A JUDICIAL COMMITTEE AT CHRISTCHURCH
IN THE MATTER of the New Zealand Rules of Greyhound Racing

BETWEEN RACING INTEGRITY UNIT Gavin Whiterod — Stipendiary Steward
Informant

AND

Luke Philips — Licensed Greyhound Trainer

Respondent
JUDICIAL COMMITTEE DECISION
Information No: A4741
Meeting: Wanganui Greyhound Racing Club (Inc)
Date: 12th July 2013
Venue: Wanganui
Rule No: 88.1(f) & (o)
Judicial Committee: KG Hales, Chairman, - SC Ching, Committee Member
Plea: Not admitted

Facts:
As a consequence of an incident after the races at the Wanganui Greyhound Racing Club's meeting on 12th July 2013, Mr Luke Philips was charged with using foul, abusive and offensive language towards Club Secretary Mrs Venessa Trass.

The charge was brought pursuant to Rule 88(1)(f) & (o) of the Rules of Greyhound Racing which reads:
"Any person (including a Club Official) commits an offence if he/she:
(f) uses improper, insulting or offensive language in either written or spoken form towards, or in relation to:
i a Steward;
ii the Club Committee, or a member of a Club Committee;
iii the Board, or a member of the Board; or
iv any other person having official duties in relation to greyhound
racing.
(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.

Mr Rick Quirk, Stipendiary Steward, was appointed to conduct the hearing on behalf of the informant. He produced to the hearing a letter of authorisation signed by the General Manager of the Racing Integrity Unit, which authorised the laying of the information.

It was alleged in the information that Mr Luke Philips used foul, abusive and offensive language towards Club Secretary, Mrs Venessa Trass in the Wanganui Club's office area.

Submissions:

The Stipendiary Steward advised the hearing that Mr Luke Philips is an Owner/Trainer who raced his two dogs "Finn McMissile" and "Oscar Tuivasa" at the Wanganui Greyhound Racing Club's meeting on the 12th of July 2013. "Finn McMissile" raced in the heats of the Punter of the Year Cup for Class 5 Dogs. There were three heats with the first two runners and the fastest two thirds in each heat progressing to the final. In one of the heats, the electronic timing mechanism failed to work.

Stipendiary Steward, Mr Gavin Whiterod, made the decision that the names of the three dogs that had run third in each heat would be placed in a hat and two drawn to compete in the final, with the remaining dog being the first emergency.

When Mr Philips went to the office to collect his papers after the races, Mrs Venessa Trass, the Club Secretary, informed him that his dog was the first reserve. On hearing of this, Mr Philips used foul and abusive language.

Mr Quirk produced it to the hearing a statement made by Mrs Trass in which she said, "Mr Luke Philips came into the office to collect his papers. I informed him he was first reserve in the CS Punter of the Year Cup Final, at which stage he got very irate and said you are just a f***** joke. This Club is just a f***** joke and I will never f***** come back here again". As he was going out the main door he repeated "you are just a f***** joke".

Mrs Trass in her statement stated that Ms Georgie Clark and Ms Kelly Gommans were in the Manager's office and heard what he said at the door. Mrs Trass went onto say that in all the years she had worked in greyhound offices, she had never been spoken to like that.

Mr Quirk also produced a statement from Ms Georgie Clark who said "at about 9.25pm I was in the Manager's office when I heard swearing and yelling coming from the Secretary's office. Luke Philips said to Venessa "this is just a f***** joke, you are all a f***** joke". He walked out the main door repeating himself also".

Mr Quirk then contacted both Mrs Trass and Ms Clark by phone, which was placed on the speaker facility. She was clearly audible to all present at the hearing. Mrs Trass confirmed the contents of her written statement.

In cross-examination, Mr Philips asked Mrs Trass if he had phoned her and apologised the following day. Mrs Trass acknowledged that. However, she went onto say that the matter was not discussed in any detail because she was aware that a charge was to be preferred against Mr Phillips.

Mr Philips then asked if the statement was made directly to her or if it was just a general statement. Mrs Trass was in no doubt that it was directed at her and said that she was shocked, having never been spoken to in such a manner before.

Mr Philips then asked Mrs Trass to describe the layout of the Wanganui Greyhound Racing Club's offices and asked how far away was Ms Clark's office was. She said that she would have only been about three metres away and said that it is quite easy for her to have a conversation from her office to where Ms Clark sits. She was in no doubt that if raised voices are used, that everything would be heard clearly.

Mr Quirk then contacted Ms Georgie Clark by telephone (placed on speaker facility) who confirmed her statement. In cross-examination by Mr Philips, she confirmed that she heard raised voices and that she heard comments about the Club but did not hear any specific comment directed at Mrs Trass.

Mr Philips then opened his defence. He started by saying that he confirmed that he did use the words complained of but denied using the words directly to Mrs Trass. He produced a written statement which set out the case from his perspective in some detail. In summary, Mr Philips said that his two greyhounds "Finn McMissile" and "Oscar Tuivasa" entered the heats of the Wanganui Punter of the Year Cup and that he thought that his greyhound, "Finn McMissile" had run the fastest third placing by what he considered to be a fairly big margin and was therefore concerned that he was going into a ballot to see whether or not his greyhound would race in the final. He said that he was justifiably upset and asked why the Club failed to record a time in one of the previous heats and as to why they had decided to draw the third placed dogs out of a hat to decide the final make up of the field. He then proceeded to leave the office and used the words complained of. However, Mr Philips denied that he said to Mrs Trass that "you are a f***** joke".

Mr Philips acknowledged that the language used was not appropriate but said:
• He had left home at 3am the previous morning to attend the races from his Amberley base and was very tired;
• He was never informed during the course of the evening races that there were any problems with the timing of the heats;
• He was not invited to be present during the drawing of the third placed dogs from a hat and knew nothing of this until he was about to leave the race track;
• Mr Philips thought he had made the final of the biggest race in his short training career and that he went from being on a high to a low in a few seconds and that was a real shock to the system.

Mr Philips then told the hearing that after returning home the following day, he realised the language used was not appropriate and telephoned Mrs Trass. He said that his words were not personal and not directed at her and it was just frustration about what he had been told and that he vented his views out loud. Mr Philips said he realised he should not have used the language that he did and that it was not appropriate. He believed that Mrs Trass accepted his apology.

In summary, Mr Philips said that he was simply airing his views and not directing anything at Mrs Trass or any other official personally.

Mr Quirk did not cross-examine Mr Philips.

Decision and Reasons:
In this case, Mr Luke Philips has denied that the use of certain words, admitted to by him, were used in a manner which could be considered a breach of Rule 88(1)(f) or (o) of the Rules of Greyhound Racing.

We find as a fact that the words complained of were used and that those words were improper, insulting or offensive in spoken form.
The question for this committee to determine is whether or not the words were used towards or in relation to:
"any other person having official duties in relation to greyhound racing".

We find as a fact that the words used were audible and spoken in the presence of Mrs Trass and that part of the words used were overheard by Ms Georgie Clark. Thus, we are in no doubt that the words used were either towards Mrs Trass or in relation to her, in that she had official duties in. relation to greyhound racing.

Decision:

As a consequence of the reasons given we find the charge proved.

Submissions on Penalty:
Mr Quirk referred to Rule 89 of the Rules of Greyhound Racing. Rule 89.1 provides:
ttany person found guilty of an offence under these rules shall be liable to:
a) a fine not exceeding $10,000 for any one offence; and/or
b) suspension; and/or
c) disqualification; and/or
d) warning off:

Mr Quirk considered that a fine was appropriate in this instance. As to the quantum of the fine, he referred to a recent charge of misconduct involving a Thoroughbred trainer who was fined the sum of $400 for using similar language.
Because the hearing was held on a race day, Mr Quirk did not seek costs.
In response, Mr Philips said that he had researched five other examples where the respondents concerned were fined between $125 and $600.

Reasons:
In this instance, we consider that a fine is appropriate. Our starting point for the imposition of a fine is $400. However, we take into account as mitigating factors the fact that Mr Philips demonstrated remorse and that he had apologised to Mrs Trass the following day. For those reasons, we are able to allow a discount of $50 on our starting point.

sumissionsforpenalty:

reasonsforpenalty:

penalty:

Mr Philips is fined $350.

KG Hales           SC Ching
Chairman          Committee Member

hearing_type: Non-race day

Rules: 88.1(f) & (o)

Informant: Mr G Whiterod - Stipendiary Steward

JockeysandTrainer:

Otherperson:

PersonPresent: Mr S Wallis - Registrar

Respondent: Mr L Philips - Licensed Greyhoud Trainer

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