hearingid: 09b754c89f06b47256d8bde819da9ba1

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - Stratford Racing Club 30Jan09

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BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand Rules of Racing

BETWEEN BRYAN F McKENZIE of Hamilton, Racecourse Inspector

                                              Informant

AND      

MURRAY GARFIELD BLUE

LEONARD CHARLES CASKEY

JAMES DONALD   GILBERT

WAYNE VERNON HART

BRIAN DAVID NEEDHAM

Defendants

JUDICIAL COMMITTEE:       G Hall (Chairman)

J Phelan

REGISTRARS:                       Ms K Ellice (4, 5 and 18 September)

Ms M Habib (17 September)

HEARING DATES:                4, 5 and 17, 18 September 2008

APPEARING:                          Mr M Colson for the Informant

Mr P Brosnahan for the Defendants Blue, Caskey, Gilbert, & Hart

                                                   Mr B Needham in person

DECISION DATE:                    30 January 2009

Background

[1]              Informations have been preferred by Mr Bryan MacKenzie, a Racecourse Inspector for New Zealand Thoroughbred Racing (NZTR) against each of the defendants (Messrs Murray Blue, Len Caskey, James Gilbert, Wayne Hart and Brian Needham).  These informations allege breaches of Rule 1001(1)(v)(i) in that the defendants did or permitted or suffered to be done acts deemed by the Judicial Committee to be detrimental to the interests of racing.  The defendants, who were at all material times members of the committee of the Stratford Racing Club (SRC), are each charged individually.

[2]              The allegations (charges) arise from the activities of the SRC from a time in July 2002 when a number of the users of the SRC racecourse were concerned with the administration and management of the club.  The complaints were initially confined to fees, however these expanded to encompass the management of the SRC's training facilities following the appointment of a new caretaker, Mr Don Caskey.

BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand Rules of Racing

BETWEEN BRYAN F McKENZIE of Hamilton, Racecourse Inspector

                                              Informant

AND      

MURRAY GARFIELD BLUE

LEONARD CHARLES CASKEY

JAMES DONALD   GILBERT

WAYNE VERNON HART

BRIAN DAVID NEEDHAM

Defendants

JUDICIAL COMMITTEE:       G Hall (Chairman)

J Phelan

REGISTRARS:                         Ms K Ellice (4, 5 and 18 September)

Ms M Habib (17 September)

HEARING DATES:                  4, 5 and 17, 18 September 2008

APPEARING:                           Mr M Colson for the Informant

Mr P Brosnahan for the Defendants Blue, Caskey, Gilbert, & Hart

                                                   Mr B Needham in person

DECISION DATE:                    30 January 2009

Background

[1]              Informations have been preferred by Mr Bryan MacKenzie, a Racecourse Inspector for New Zealand Thoroughbred Racing (NZTR) against each of the defendants (Messrs Murray Blue, Len Caskey, James Gilbert, Wayne Hart and Brian Needham).  These informations allege breaches of Rule 1001(1)(v)(i) in that the defendants did or permitted or suffered to be done acts deemed by the Judicial Committee to be detrimental to the interests of racing.  The defendants, who were at all material times members of the committee of the Stratford Racing Club (SRC), are each charged individually.

[2]              The allegations (charges) arise from the activities of the SRC from a time in July 2002 when a number of the users of the SRC racecourse were concerned with the administration and management of the club.  The complaints were initially confined to fees, however these expanded to encompass the management of the SRC's training facilities following the appointment of a new caretaker, Mr Don Caskey.

[3]              A number of the concerned users established what became known as the "Concerned Owners and Trainers Group" (COTG).  There were three basic objectives of the group: to confirm the SRC racecourse as a top quality training facility; to retain the SRC’s New Year’s Eve raceday at Stratford; and to improve communications concerning track fees, track availability and any other issues between the SRC and those using the racecourse.  A number of persons within this group, and a number who supported the aims of the group, applied to become members of the SRC in order that they might have an influence on its administration.  In addition, one member of the SRC and of the COTG, Mr Kemp Broughton, was nominated for President of the SRC.  He in turn nominated and seconded other persons for membership of the SRC committee.

Charges

[4]              The informations relate to three incidents leading up to the SRC’s annual general meeting (AGM) in 2002:

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hearing_type: Old Hearing

Rules: 1001.1.v.i, 1001.1.a.v.i, 65.ca, 67.hc, 1103.6

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