Non Raceday Inquiry – RIU v T Macfarlane 5 April 2012 – Decision on Penalty and Costs dated 4 May 2012

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decisiondate: 06/05/2012

hearing_title: Non Raceday Inquiry - RIU v T Macfarlane 5 April 2012 - Decision on Penalty and Costs dated 4 May 2012

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appealdecision: NO LINKED APPEAL DECISION

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Non Raceday Inquiry – Decision on Penalty and Costs

RIU v Mr T A Macfarlane

Information: No A4065

Informant: Mr J M Muirhead

Introduction

Mr T Macfarlane was charged with a breach of Rule 868(2) at the Franklin Trotting Club meeting on the 6 March 2012. He denied the charge and the matter was heard at Cambridge Raceway on Thursday, 5 April 2012.

The charge was established and following the written decision, submissions on penalty from both parties was requested.

Mr Muirhead on behalf of the Racing Integrity Unit

Mr Muirhead submitted that given the circumstances of the offence and those of Mr Macfarlane, a period of suspension should be imposed, with a starting point of 3 months suspension of his horseman’s licence, commensurate with the status and outcome of the race and the need to maintain the integrity of the sport.

He indicated the committee should have regard to:-

 the gravity of the offence and the charge, the importance and outcome of the race and whether racegoers were affected by the breach;

 the denial of the breach;

 the personal circumstances of Mr Macfarlane including his experience and record;

 the need to maintain integrity and public confidence in Harness Racing;

 penalties imposed for similar breaches;

 the maximum penalty of 12 months suspension or disqualification or a $5,000 fine as provided by Rule 1003;

 Mr R Lawson on behalf of Mr T A Macfarlane

The Committee was referred to the Judicial Control Authority guidelines that were prepared and agreed after negotiation between the JCA, NZ Trainers and Drivers Association and the RIU.

A breach of this rule indicates a penalty starting point of 15 drives or $750 fine.

In the interests of fairness and consistency, committees are expected to operate within the guidelines unless the case had special characteristics that would justify a higher or lower penalty.

He submitted

 The race was ‘low status’ with a stake of less than $4,000, mid week on a grass track;

 There was no consequential effect on any person or horse as a result of the breach;

 There was no breach of integrity in this infringement as there was no suggestion of impropriety by Mr Macfarlane;

 There was potential for this breach to scar public confidence and Mr Macfarlane had breached the rule in making an error of judgement and failing to display vigour;

 The penalty should be dealt with by way of a substantial fine less than mid range;

Reasons for Penalty

The committee considered in depth the submissions by both parties including associated documents outlining penalties and historic list of breaches.

In arriving at the penalty we determined the following:-

The breach was mid range in seriousness.

The race was of ‘low status’ with total stakes $4,075, the condition of the track was poor and Mr Macfarlane had justifiable concerns over the fragility of ALTA CHARISMA a maiden trotter.

Mr Macfarlane is an experienced open horseman and trainer with a good record.

Mr Macfarlane had a clear record under this rule. He denied the breach.

It is crucial for the reputation and viability of the racing industry that public confidence is maintained at the highest possible level.

The integrity of racing needs constant reinforcement including, the display of competent driving using permissible measures to show that participants are genuinely giving their horses every opportunity to win races or to obtain the best possible position and/or finishing place.

Mr Macfarlane clearly did not provide such reinforcement on this occasion.

The starting point for this breach is 15 drives suspension or a fine of $750. The committee saw no valid reason to deviate from the indicative penalty guidelines.

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Mr Macfarlane is ordered to pay a fine of $750 as well as $300 costs to the Judicial Control Authority.

 
J N Holloway              A J Dooley
Chairman                   Committee Member

4 May 2012
 

hearing_type: Non-race day

Rules: 868(2)

Informant: Mr JM Muirhead - Stipendiary Steward

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Respondent: Mr TA Macfarlane - Open Horseman

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