Non Raceday Inquiry RIU v M Grant – decision dated 2 September 2014

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hearing_title: Non Raceday Inquiry RIU v M Grant - decision dated 2 September 2014

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NON RACEDAY INQUIRY RIU v M GRANT

Held on the 31st August 2014 at Timaru Racecourse, Timaru.

JUDICIAL COMMITTEE: Mr P Knowles, Chairman - Mr D Jackson , Committee Member

DEFENDANT: Mr M Grant – Licensed Greyhound Trainer

RIU: Mr N Ydgren - Stipendiary Steward

Information: A1081

Rule: 88.1.o

Following the Christchurch Greyhound Racing meeting at Christchurch on the 19th August 2014, Stipendiary Steward Mr N Ydgren filed an Information alleging Mr M Grant breached rule 88.1.O in that “… you misconducted yourself by directing abusive language towards licensed trainer Ms A Waretini at the conclusion of Race 11 at that Christchurch GRC meeting.”
Rule 88 (1) O reads:

Any person (including a Club 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.

Mr Ydgren produced to the hearing a letter of authorisation from the General Manager of the RIU, which authorised the laying of the information.

Mr Grant attended the hearing and admitted the breach.

Submissions

Mr Ydgren presented his submissions in writing, which can be summarised as follows.

Mr Grant and Ms Waretini both had a runner in Race 11, the CTV Sprint, Starburst Hannah (7) and Too Much Rebel (1) respectively. Both were acting as catchers at the completion of the race. Mr Grant when attempting to secure his dog at the lure, used his hand to shift Ms Waretini’s dog away from his dog and the lure rail. Ms Waretini took exception to Mr Grant handling her dog and a verbal altercation between the two took place. There was no allegation that Mr Grant had mistreated Ms Waretini’s dog in any way.

During this altercation Mr Grant called Ms Waretini a “……bitch”. When the Stewards interviewed Ms Waretini she thought Mr Grant had called her either a “stupid or silly bitch”. Mr Grant thought, when interviewed he had called her an “f…… bitch”.

Mr Ydgren stated further inquiries since the initial interview took place confirmed that Mr Grant had not used foul language towards Ms Waretini but that use of the word “bitch” when directed to a female was offensive in any event. He accepted the evidence of Ms Waretini that Mr Grant had called her either a “silly or stupid bitch” as being the likely version.

Mr Grant submitted he was extremely embarrassed by the incident. He had been involved with the Greyhound industry for 40 years, 25 as a public trainer and that he should have known better. His response to the comments from Ms Waretini were uncalled for, and he should have walked away. He had shifted her dog away from the lure rail when attempting to secure his own dog. This was common practice by handlers when securing their own dogs at the lure following a race.

As Mr Grant admitted the breach the breach is found proved.

Penalty submissions

Mr Ydgren said Mr Grant admitted the breach at the first opportunity and had been upfront and honest throughout the Stewards’ inquiries. Mr Grant held a public trainers licence and was an extremely busy and successful trainer. In his written submissions he viewed the level of offending at mid-range but he accepted during his oral submissions that that assessment was tempered somewhat by his subsequent acceptance that the language used was not as bad as initially thought. He submitted a starting point fine of $250 was appropriate. Mr Ydgren submitted three written decisions of misconduct to assist the committee. The RIU were not making an application for costs.

Mr Grant stated that this was the first misconduct charge he had ever had after 40 years in the industry. As a public trainer he felt he had let himself down and apologised for his behaviour. He submitted a fine of $150 as being appropriate.

Reasons for Penalty

The committee considered the three previous misconduct cases submitted by the RIU. The case of RIU v W was of the most assistance to the Committee, although in all three cases the use of foul language was a major contributing factor in setting a penalty. Here, Mr Grant used offensive language. The absence of the use of foul language (namely the “f” word) is not a mitigating factor which assists Mr Grant. Rather, it is the absence of an aggravating factor. Whatever the case, Mr Grant is clearly remorseful for the incident and presented to the Committee as having genuine insight and remorse for his outburst. He admitted the breach at the outset and co-operated with the Stewards throughout their inquiries. There is also no allegation that Mr Grant mistreated Ms Waretini’s dog. However, Mr Grant has admitted to using language which was in breach of the misconduct rule.

In setting a penalty the RIU v W resulted in a $200 fine and we use that case as a starting point. While the language used by Mr Grant was inappropriate and offensive, it was not foul which allows us to step back and assess culpability in the round having regard to the decisions referred to above. In our view it is not as serious an outburst as those referred to in the cases submitted by Mr Ydgren. There is no suggestion that Ms Waretini was affected by the incident although we accept that she would have been insulted by it. Put simply, it was an unprofessional remark made in the heat of the moment. Mr Grant has agreed to apologise to Ms Waretini forthwith. Mr Grant is given credit for his early admission of the breach and his excellent record.

Penalty Decision

Mr Grant is fined $100 and reminded of his obligations under the Greyhound Rules of New Zealand.

P Knowles            D Jackson

Chairman             Committee Member

Dated 2 September 2014

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