Non Raceday Inquiry RIU v T Harris – Decision dated 26 July 2016 – Chair, Mr A Godsalve

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decisiondate: 27/07/2016

hearing_title: Non Raceday Inquiry RIU v T Harris - Decision dated 26 July 2016 - Chair, Mr A Godsalve

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

BEFORE A JUDICIAL COMMITTEE OF

THE JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

AND IN THE MATTER of the New Zealand Rules of Thoroughbred Racing

BETWEEN Racing Integrity Unit (RIU)

Informant

and

TROY HARRIS Licensed Class D Jockey

Respondent

Information No: A7136

Judicial Committee: Mr A Godsalve, Chairman - Mr R Seabrook, Committee Member

Venue: Te Aroha Racecourse

Date of Hearing: 24 July 2016

Appearing: Mr A Cruickshank, Racing Investigator. Racing Integrity Unit

Mr T Harris, Licensed Class D Jockey

Mr W Dollimore, acting for Mr Harris

Mr S Marsh, Licensed Trainer, support person for Mr Harris

Decision Date: 26 July 2016

DECISION OF JUDICIAL COMMITTEE

Charge

The Informant, Mr Cruickshank, Racing Investigator, alleged that between 5 June 2016 and 11 June 2016 at Cambridge, Mr T Harris being a Licensed Class D Rider did bet on races governed by the New Zealand Thoroughbred Racing Rules in breach of Rule 707 thereby committing an offence against Rule 801(1)(t) of the New Zealand Thoroughbred Rules and subject to the penalty or penalties which may be imposed pursuant to Rule 803(1) of the said Rules.

Rule 707 states:

(1) Subject to sub-Rule (2) below:

(a) A Rider must not bet or have any interest in a bet, or facilitate a bet, on any Race, or any contingency which includes or relates to any Race, that is governed by these Rules. For the purpose of these Rules, the reference to bet includes laying any horse;

(4) For the purpose of Rule 801(t) any breach of Rule 707 is deemed to be a Serious Racing Offence.

Rule 801

(1) A person commits a Serious Racing Offence within the meaning of these Rules who:

(t) commits a breach of any Rule which is or may be deemed to be a Serious Racing Offence by these Rules.

Penalty

803 (1)

A person who, or body or other entity which commits or is deemed to have committed a breach of these Rules or any of them for which a penalty is not provided elsewhere in these Rules shall be liable to:

(a) be disqualified for a period not exceeding 12 months; and/or

(b) be suspended from holding or obtaining a License for a period not exceeding 12 months. If a License is renewed during a term of suspension, then the suspension shall continue to apply to the renewed License; and/or

(c) a fine not exceeding $20,000

Mr Dollimore, for Mr Harris acknowledged that Mr Harris understood the nature of the Charge and that he admitted the breach.

Mr Dollimore further acknowledged that all of the relevant documents from the RIU had been disclosed to him and Mr Harris. He further stated that they accepted the contents of the documents and consented to them being admitted as evidence.

The proposed procedure for the hearing was explained to the parties and Mr Dollimore advised the Committee that he had no concerns or objections.

Mr Cruickshank produced a letter dated 1 July 2016 from Mr Godber, General Manager of the RIU, authorising the filing of an Information pursuant to Rule 1103(4)(c) alleging breaches of the NZ Thoroughbred Rules of Racing under Rule 707 (1)(a).

Summary of agreed facts by the Informant

The Respondent Mr Troy Harris is a Licensed Class D rider under the Rules of New Zealand Thoroughbred Racing (NZTR). He is 28 years of age and has been involved in the racing industry his entire working life.

Mr Harris opened a New Zealand TAB account on the 1st July 2006, account number ???

In June 2016 the Racing Integrity Unit Betting Analyst completed an analysis of the TAB accounts of licensed riders.

It was found that between 5 June 2016 and 11 June 2016 Mr Harris placed bets via his TAB account on NZTR governed races. These were a mixture of Multi Bets and Win/Place bets (see Appendix A). They were placed via his mobile phone whilst at home watching the races on television.

Only one of the bets was a winning bet. That was placed at 11.38 am on 11 June 2016 where a $10.00 each was bet was placed on ‘On The Edge‘ in Race 1 of the Waikato Racing Club meeting at Te Rapa.

‘On The Edge’ finished 3rd of the 14 horse field. The collect to Mr Harris was $36.00.

Investigators were advised and Mr Harris spoken to at his home address on 22 June 2016. He admitted that he had made the bets and stated that the only winning bet he made was for an associate who had no money in his TAB account. Mr Harris further stated that he wasn’t entirely familiar with the Rules but acknowledged that he had previously been warned for betting on races governed by NZTR Rules.

Mr Harris is a Licensed Class D Rider and full time track rider for Licensed Trainer Mr Stephen Marsh. He has no previous betting related Rule breaches but has been convicted of serious racing offences several years ago.

APPENDIX A