Non Raceday Inquiry RIU v MP Jones 3 MArch 2013 – Decision dated 3 March 2013

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decisiondate: 10/03/2013

hearing_title: Non Raceday Inquiry RIU v MP Jones 3 MArch 2013 - Decision dated 3 March 2013

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

NON RACEDAY INQUIRY AT ADDINGTON

Informant: N G McIntyre – Co-Chief Stipendiary Steward

Defendant: M P Jones - Open Horseman

Date of Hearing: 3 March 2013

Venue: Addington Raceway, Christchurch

Judicial Committee: SC Ching, Chairman – JM Phelan, Committee Member

Present: Mr NG McIntyre, Mr MP Jones
Plea: Admitted

Charge: Breach of Rule 505 B (1)

Date of Decision: 3 March 2013

Facts:
This charge was heard as a Non Raceday Inquiry hearing at the Cheviot Harness Racing Club race meeting at Addington on 3 March 2013. Documentation was provided from the Operations Manager of the Racing Integrity Unit, Mr M Godber, that permission was granted for the Information to be filed as required under Rule1103(4)(c).

An Information was filed by Co-Chief Stipendiary Steward Mr N G McIntyre against Open Horseman, Mr M P Jones, alleging a breach of Rule 505 B (1) in that he placed a bet on the Drivers Challenge at the Timaru Harness Racing Clubs meeting on 8 December 2012.

The charge reads as follows:

“In that driver Mark Jones placed a bet on the drivers challenge at the Timaru Harness Racing Club on the 8th of December 2012 in which he was a participant.”

Rule 505 B (1) reads:
“A horseman may not bet or have another person bet on their behalf on a Drivers Challenge or Series in which they are a participant.”

Submissions for Decision:
Mr Jones confirmed to the Committee that the breach was admitted and that he understood the Rule that he was being charged with.

Mr McIntyre gave evidence that Mr Jones had placed a $100 bet on himself in the Streamline Freight Drivers Challenge by mobile phone on his account at 10.37am on the 8th of December. This bet was placed at odds of $2.80 with a possible return of $280 if successful. Mr Jones had 4 drives throughout the day in races 1, 5, 9 and 10 with 3 of these drives being trained by his stable. The bet was unsuccessful. Mr McIntyre stated that this Rule was passed at the annual conference on the 28th July 2012 but was not put into effect until 6 September 2012. Mr Jones, when interviewed by the Stewards in regards to this matter at his stables, stated he was unaware of the Rule.

Mr Jones submitted that he was unaware of the Rule but should have been aware as the Rule changes had come up at a Horsemen’s meeting and discussion was around several submissions on drivers betting. He admitted that he was given a copy of the submissions passed and rejected but did not absorb the changes.

Reasons for Decision:
As Mr Jones had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Decision:
The charge was found to be proved.

Submissions on Penalty:
Mr McIntyre submitted that there was nothing sinister about Mr Jones’ actions in placing a bet on himself in this drivers challenge and just that he did not understand the rule. He submitted that these rules were in place to ensure the integrity of racing which is paramount to the public, so the public have confidence in racing. Mr McIntyre stated that Mr Jones’ record was clear in regard to this Rule and that Mr Jones had been open and frank in admitting the breach. He also said there was a similar case recently in the thoroughbred code, where jockey JC was fined $500 for placing a bet on himself in a riders challenge.

Mr McIntyre submitted that a fine of $500 should be considered.

Mr Jones had no submissions to make in regard to penalty.

Reasons for Penalty:
In determining penalty we took into consideration Mr Jones’s clear record and his frank admission of the breach. As this Rule is relatively new the Committee took the thoroughbred code penalty into consideration as it was virtually an identical case and to be consistent, considered that a fine of $500 was an appropriate penalty.

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Accordingly Mr Jones was fined the sum of $500. The matter of costs was considered but no orders for costs were made.

SC Ching             JM Phelan
Chairman            Committee Member

hearing_type: Non-race day

Rules: 505 B(1)

Informant: Mr NG McIntyre - Co-Chief Stipendiary Steward

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Respondent: Mr MP Jones - Open Horseman

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