Non Raceday Inquiry RIU v S Dickson – Written Decision dated 11 February 2017 – Chair, Mr N McCutcheon

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hearing_title: Non Raceday Inquiry RIU v S Dickson - Written Decision dated 11 February 2017 - Chair, Mr N McCutcheon

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NON RACEDAY INQUIRY

BEFORE THE JUDICIAL CONTROL AUTHORITY UNDER THE RACING ACT 2003

And in the matter of the NZ Rules of Racing.

BETWEEN RACING INTEGRITY UNIT (RIU)

Informant

And SCOTT DICKSON

Respondent

Judicial Committee: Mr N McCutcheon, Chair - Mrs N Moffatt, Committee Member

Appearing: Mr Irving, RIU Investigator (Informant) – Mr S Dickson (as the Respondent)

Venue: Judicial Room, Manawatu Raceway

Date of Hearing: 9 February 2017

Date of Written Decision: 11 February 2017

DECISION OF JUDICIAL COMMITTEE

Mr Dickson appears before the Judicial Committee on the following charge.

Information Number: A4190

That on 15 December 2016 at Palmerston North being a Licensed Trainer/Horseman did misconduct himself in the Stewards Room by using abusive language, and failed to comply with the direction of Stipendiary Steward John Muirhead in breach of the NZ Harness Rule 303(2) and subject to the penalties pursuant to Rule 1003(1).

Rule 303(2) provides:

No person or body who holds a permit or licence under these Rules and no Owner, Trainer, Breeder, Stablehand, unlicensed Apprentice or Racing Manager shall misconduct himself or fail, to comply with any request, direction, or instruction of any Stipendiary Steward, Racecourse Inspector or Starter.

Rule 1003(1) provides:

A person who commits a breach of any Rule shall be liable to the following penalties:

(a) A fine not exceeding $10,000 and/or

(b) Suspension from holding or obtaining a licence for a period not exceeding 12 months and/or

(c) Disqualification for a period not exceeding 12 months

Mr Dickson confirmed that he understood the Rule, the charge and that he admitted the breach.

A document signed by the General Manager of RIU, Mr Godber, giving the Informant authority to proceed with the charge against Mr Dickson was received by the Judicial Committee.

Mr Dickson confirmed that he had received all documentation prior to the commencement of the hearing.

Mr Irving took the committee through the summary of facts, to which Mr Dickson said were true and correct.

SUMMARY OF FACTS RIU

The respondent Scott George DICKSON is a licenced trainer under the Rules of New Zealand Harness Racing. He is 37 years old and has been a harness trainer and driver since 2001. He trains 6-8 horses at a time and also farms his property at Marton.

On Thursday 15th December 2016 at the Manawatu Harness Racing Club’s meeting at Manawatu Raceway, Mr Dickson presented to the Stewards Room to speak to Stewards, Steve Mulcay and John Muirhead about his use of the whip on his horse ‘Bobbies Girl’.

Also present in the room was Steward, Mike Austin and a female typist.

During their initial conversation Mr Mulcay advised Mr Dickson to “tidy up your language in here” after Mr Dickson’s use of an expletive.

Shortly after being charged by Mr Mulcay with Excessive Use of the Whip, Mr Dickson became angry and continued their conversation with “I f..... love my horses, I do not want to be accused of hitting them too much. Shove it up your f..... a...” as he got up and walked out of the Stewards Room.

When requested and then given instruction to return to the room by Mr Muirhead, who was following Mr Dickson, Mr Dickson further stated “Hey, you can do what you f..... want.”

A few days later Mr Dickson was spoken to by Nick Ydgren via telephone. Mr Dickson admitted he was in the wrong and over reacted.

Mr Dickson has been involved in the racing industry for approximately 20 years. He has had no previous charges for his behaviour.

RESPONDENT’S RESPONSE

In response, Mr Dickson said that he was upset with Stipendiary Steward, Mr Muirhead. He said that he told the Stewards on the night, that he had not received in the mail anything about the new whip regulations that were to take effect on 1 December 2016. He said that Mr Muirhead then accused him of lying and pushed the matter a little too far. He said that as well as running the farm, he is also a very busy contractor working long hours and gets upset at times. He said that he was wrong and went about it in the incorrect way. He said that when he went away and thought about it for a while he decided to report back to the Stewards.

DECISION

As the breach of the Rule was admitted it was deemed to be proved by the Judicial Committee.

PENALTY SUBMISSIONS RIU

1. Introduction

1.1 The respondent Scott George Dickson is a Licensed Public Trainer and Open Horsemen under the Rules of New Zealand Harness Racing (HRNZ).

1.2 He is 37 years old and normally trains 6-8 horses in addition to farming his property at Marton.

1.3 He has been involved in the harness racing industry all his working life.

1.4 The RIU seek a penalty of a $1000.

2. Offending

2.1 The details of Dickson’s offending are contained in the Racing Integrity Unit Summary of Facts which have been agreed.

3. Penalty Provisions

3.1 The penalty provisions for this matter are contained under Rule 1003(1):

A person who commits a breach of any Rule shall be liable to the following penalties:

(a) a fine not exceeding $10,000.00; and/or

(b) suspension from holding or obtaining a licence for a period not exceeding 12 months; and/or

(c) disqualification for a period not exceeding 12 months.

4. Sentencing Principles

4.1 The four principles of sentencing can be summarised briefly:

* Penalties are designed to punish the offender for his / her wrong doing. They are not meant to be retributive in the sense the punishment is disproportionate to the offence but the offender must be met with a punishment.

* In a racing context it is extremely important that a penalty has the effect of deterring others from committing similar offences

* A penalty should also reflect the disapproval of the JCA for the type of behaviour in question

* The need to rehabilitate the offender should be taken into account.

4.2 All four principles apply in this matter.

5. Precedents

5.1 The JCA guidelines on penalty (2015) for Harness Racing do not list a starting point for the general charge of Misconduct, however for the serious racing offence of Offensive Language to a Steward – Rule 1001(1)(v)(ii) - the starting point is a $1500 fine. The starting point for general Misconduct under the Thoroughbred Racing guidelines is ‘fact dependent’ with the serious racing offence of Offensive Language to a Steward is also a $1500 fine. It can therefore be inferred that the starting point for general Misconduct for Harness Racing is also ‘fact dependent’.

5.2 The following Non Raceday Inquiry charges of ‘Misconduct’ have resulted in fines ranging from $350 - $2000:

* S LETHABY (12.10.2010) – HR Open Horseman - swearing in the Stewards room and failed to remain when ordered to do so. $650 fine (guideline starting point $500)

* R NYHAN (21.07.2009) – HR Open Horseman - insulting language to a Steward. $400 fine

* A PYERS (12.03.2013) – HR Open Horseman - offensive and abusive text messages and phone calls to Racecourse Inspector. $850 fine

* G VILE (25.06.2014) – TR trainer - abusing a NZTR Handicapper during a telephone conversation. $350 fine

* M WALKER (28.03.2009) – Jockey - used insulting and threatening language to another jockey in the weighing area post inquiry. $2000 fine.

6. Aggravating Factors

6.1 Mr Dickson has been involved in the racing industry for approximately 20 years and knows the importance of conducting himself in a professional manner and maintaining integrity in racing.

6.2 Mr Dickson was given a warning by Mr Mulcay regarding his language in the early stages of the interview which he failed to heed.

6.3 A female typist was also present in the Stewards room at the time of Mr Dickson’s use of expletives.

6.4 The incident technically encompasses two elements or acts under the same charge: misconduct being the language used; and failing to comply with a direction of a Steward when instructed to return to the room.

7. Mitigating Factors

7.1 Mr Dickson has been fully co-operative with RIU staff throughout the investigation and prosecution process.

7.2 He has admitted the breach at the earliest possible stage.

7.3 He has had no previous NRI charges before the JCA.

8. Conclusion

8.1 The RIU believe a starting point of $1000 is appropriate for this level of misconduct.

8.2 It is submitted that the aggravating and mitigating factors cancel each other out and therefore a fine of $1000 is appropriate.

8.3 No costs are sought by the RIU.

Mr Irving, for the RIU, said that a very similar case was that of Mr S Lethaby (12 October 2010) when the guideline starting point was set at $500 with a fine of $650 being imposed. He said that since that time penalties in general have increased.

Mr Dickson, for his part, agreed that his situation was similar to Mr Lethaby’s, but that since that time, stake monies (in Central Districts) have decreased by 30%, hence they are now racing for less money and that penalties should not be increased. He said that he had a good record and that this was his first charge of this nature and since being involved in harness racing his overall record was very good.

REASONS FOR PENALTY

Mr Irving was correct when he said that there is not a starting point for misconduct and that it is fact dependent.

The committee identified the aggravating factors as unacceptable bad language on more than one occasion and Mr Dickson storming out of the Judicial Room during an interview with the Stipendiary Stewards regarding his whip use.

We understand why Mr Dickson became upset when he was accused of lying, however the conduct in the Judicial Room by Licence Holders must always be professional and must not be such that it hinders the Stipendiary Stewards in carrying out their many and varied duties. This is essential as Stipendiary Stewards must be able to execute their duties in an unimpeded manner in their endeavours to maintain integrity within the industry.

The mitigating factors are the admission of the breach and Mr Dickson’s good record over a period of 20 years and the outburst exhibited by Mr Dickson would appear to have been out of character.

PENALTY

Taking all matters into consideration, including prior penalties for misconduct and the sentencing principles set out in item No.4 in the Penalty Submissions, the committee determined that Mr Dickson be fined $850.

COSTS

As the hearing was conducted on a race day, there was no order as to costs.

Noel McCutcheon          Nicki Moffatt

Chair                             Committee Member

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