NZGRA Request for Review A C Roberts v RIU – Written Decision dated 10 March 2020 – Chair, Mr R G McKenzie
ID: JCA11970
Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of the Rules and Regulations of New Zealand Greyhound Racing Association Incorporated
IN THE MATTER of an Application for a Review pursuant to Rule 55.11 by
ANTHONY CRAIG ROBERTS of Christchurch, Public Trainer
Judicial Committee:-- Mr R G McKenzie (Chairman)
Mr A J Smith (Member)
Present: --Mr A C Roberts
Mr S W Wallis, Chief Stipendiary Steward (for the Racing Integrity Unit)
R A Quirk, Stipendiary Steward
Date of Hearing:--27 February 2020
Date of Oral Decision:--27 February 2020
Date of Written Decision:-10 March 2020
DECISION OF JUDICIAL COMMITTEE
Background
[1]-Following the running of Race 10, Auckland Cup Heat 5, at the meeting of Auckland Greyhound Racing Club held at Manukau Stadium on Sunday, 23 February 2020, the winner of that race, UTHOR BALE, trained by Mr Roberts, was suspended by the Stipendiary Stewards, pursuant to Rule 55.1, for 28 days for failing to pursue the lure.
[2]-Mr Roberts has sought a review of the decision of the Stipendiary Stewards pursuant to Rule 55.11 on the ground, as stated in his Notice of Review, that “UTHOR BALE did not fail to pursue the lure”.
[3]-It was agreed that Mr Wallis would begin by showing the available video replays of the race and make submissions in support of his decision to stand down UTHOR BALE for failing to pursue.
Submissions of the Informant
[4]-Mr Wallis made the following submissions:
Gentlemen, we are here today to review the decision of the Stewards at the Auckland GRC’s meeting on the 23rd February 2020 in which Stewards stood down UTHOR BALE for Failing to Pursue the Lure.
1.-During my opening I will deal with the facts
Greyhounds are essentially bred for one purpose only and that is to chase – or pursue a lure.
•-It is in its physical and mental make up to do this and they are programmed to do so from an early stage of their lives.
•-Greyhounds which fail to pursue the lure with due commitment throughout the entirety of the race are deemed to not be committed to their sole purpose for racing.
•-UTHOR BALE is trained by Mr A C Roberts, who has been a greyhound trainer for over 25 years.
•-UTHOR BALE has had 18 starts for 7 wins, 4 seconds and 3 thirds.
•-On the 20th August 2019, in its first race day start, UTHOR BALE was stood down for 28 days for marring another runner.
•-On the 4th October 2019 UTHOR BALE completed a satisfactory trial in blinkers.
•-The Stewards panel on the day comprised of Miss P Kinsey, herself an experienced Greyhound Steward and myself, the Chief Stipendiary Steward for Greyhound Racing in New Zealand.
2.-What has to be decided today is if the Stewards were correct to form the opinion that UTHOR BALE had failed to pursue the lure as GRNZ Rule 55.1(b) is to be applied. Which reads:
Rule 55.1 (b) - Fails to Pursue The Lure in a Race:
That is when a Greyhound fails to pursue the lure with due commitment throughout the entirety of the race.
It is defined in the GRNZ Rule book as:
“the action of the Greyhound voluntarily turning the head without making contact with another Greyhound, or voluntarily easing up, or stopping during a Race while free of interference”.
Rule 55.2 - Where a Greyhound fails to pursue the Lure as provided under Rule 55.1, the Greyhound shall be examined by the officiating Veterinarian or Authorised Person - this was done on the day, with no injury detected.
3.-What I am going to show you is UTHOR BALE jumping from box number 1.
•-What I will also show you are the other seven Greyhounds jumping out of the boxes.
•-I will also show you UTHOR BALE jumping straight then, on its next step, turn its head outwards as reported by Ms Kinsey in her raceday report.
•-I will show you its head turned outwards for two strides, its attention not on the lure, before taking a bump from its outside, also reported but irrelevant to this case.
4.-(Mr Wallis showed video replays. He pointed out UTHOR BALE jump from Box 1 with its head clearly turned to the dog on its outside for two strides, then receive a “bump”, then another. He pointed to the clear gap between UTHOR BALE and the dog that jumped from Box 2 (OPAWA NAT) and pointed out the other seven greyhounds all jumping out and looking where the lure is. UTHOR BALE, he submitted was clearly not focussed on the lure, its head being turned away from the lure.)
Mr Wallis then continued:
5.-The lure is coming around the bend with UTHOR BALE drawn box 1. It is acutely aware of where it is on the track. Remember, it is trained to chase it, it is trained to jump from the boxes fast so it knows where the lure is going to be. It knows the lure is going to be to the inside of it when it leaves the boxes and it makes a conscious decision to divert its attention away from it, turning its head outwards, all the while free of interference. We are not saying the greyhound is wanting to “fight” the greyhound to its outside, this is not a marring charge.
Submissions of the Applicant
[5]-Mr Roberts said that it was apparent, from when the lids opened, that the dog was keen to pursue the lure, that he was trying to come out from underneath the lids and is attempting to exit to the left to get out as quick as he can. He was unbalanced at that time. His next stride was a “correction stride”, so he is regaining his balance. So, it is not a voluntary turning of the head but rather a correction stride to get him back on track and in a straight line and balanced, so he can continue accelerating. This shows that he was not the least bit interested in the dogs on his outside as he, shortly after, received two severe checks as he became balanced and was accelerating. He showed no interest and continued on to run past dogs and win the race quite comfortably by 5 lengths.
[6]-Any dog that has turned in the box as the lure is coming towards him would have to be classed as failing to pursue, as it is not focussed on the lure when the lids open and it takes its first stride out of the boxes. That is not “realistic”, nor is it realistic to say that a dog taking its first two strides out of the boxes, when unbalanced for those strides and is regaining its balance and is trying to accelerate at the same time, can be failing to pursue.
[7]-Mr Roberts asked the Committee to consider how the dog tried to exit the boxes and how he was twisted sideways, with his feet awkwardly placed, and attempts to straighten with a correction stride. The dog did not react to either of the two subsequent checks – he was busy pursuing the lure, as he was when the lids opened, he submitted.
[8]-Mr Roberts pointed out that UTHOR BALE has had 18 starts and was competing in a heat for a Group I race for $90,000 final and had gone on and won the race by 5 lengths.
[9]-A discussion on the points raised by Mr Roberts then followed. During the course of this discussion, Mr Roberts showed video replays of two other races in which UTHOR BALE had started from Box 1. The dog had drawn that box on four occasions, including the two at Addington shown, and Stewards had deemed his exiting the boxes to be done in an acceptable manner, despite having its head on an angle, he said. In contrast, the dog had come out extremely awkwardly in the race under review. Unfortunately, Mr Roberts was able to show these only on his mobile phone and this evidence was not really helpful to the Committee.
RIU Summing Up
[10]-Stewards were of the view that UTHOR BALE had not come out awkwardly at all. In its first stride the dog’s head was already on its way out.
[11]-Greyhounds which fail to pursue the lure with due commitment throughout the entirety of the race are deemed to not be committed to their sole purpose of racing.
[12]-When reviewing the Stewards’ decision on a raceday as to whether a greyhound has or has not breached GRNZ Rule 55, it is essential that there is no consideration afforded to the finishing position of the greyhound. It is also irrelevant that it was the greyhound’s first time on the track or the first time from a particular box. It is also irrelevant the degree to which the greyhound has turned its head. As stated before, a greyhound’s sole purpose is for racing, and to chase a lure with due commitment. I submit to you that GRNZ Rule 55.1 does not provide for these to be mitigating factors when assessing a breach of this Rule. The greyhound has either committed the offence or not.
[13]-Now we all know what is at stake here, a place in a Group 1 race with a stake of $90,000. But can I just remind the Committee when making their decision, greyhounds do not know what they are racing for. This cannot and must not be a mitigating factor in the Stewards’ mind when charging a greyhound under this Rule, nor can it be in the minds of the Committee when asked to review a Stewards’ decision.
[14]-Greyhound racing carries with it the weight of public money and the Stewards, and now the Committee, have to be seen to be appropriately protecting this. We are charged with the responsibility of enhancing public confidence and integrity within greyhound racing, to protect anyone who has had a wager on a race, and to protect the connections of rival greyhounds and by imposing the right penalties/stand downs on greyhounds when required to do so.
[15]-Given what I have shown to the hearing today, I ask the Committee to consider these two questions,
•- Did UTHOR BALE give the lure its full attention or did it voluntarily turn its head outwards during the early stages of this race as deemed by two experienced Stewards on the day in question?
•- If it turned its head outwards, was it free of interference?
If the answer to these two questions is “yes”, then the correct decision was made by the Stewards on the day to stand UTHOR BALE down for failing to pursue the lure and I respectfully submit to this Committee that this review be dismissed.
Summing Up by the Applicant
[16]-Mr Roberts said that he was not denying that the dog had turned its head outwards, free of interference, upon exiting the boxes. The important point to note, he submitted, was that it was unbalanced on coming out of the boxes and required to rebalance itself, which it did admirably and went on to win the race.
[17]-There has been a lot of money invested on the dog to take its place in the final, Mr Roberts said. He questioned how it could be said that standing the dog down could be protecting the punter.
[18]-The dog was never focussed on the outside dogs but was always wanting to chase the lure. It was the first two strides of the race, he submitted. One cannot judge whether a dog is failing to pursue the lure when it is exiting the boxes. All sorts of different things can happen as, in this case, where the dog has tried to get out to the left with an awkward first stride and, after that, rebalancing and going on to win the race by 5 lengths after receiving two severe checks and running past the other dogs, he said.
REASONS FOR DECISION
[19]-Needless to say, this has been a difficult decision for the Committee to come to, not least of all for the reason that we are aware that there is a lot at stake.
[20]-We repeatedly and carefully viewed the video replays of the start of the race in which UTHOR BALE had drawn Box 1, and we also have given serious consideration to the submissions of both parties to this review.
[21]-Mr Wallis read the Rule and the definition of “failing to pursue” which is contained in Clause 1 of the Regulations of the NZ Greyhound Racing Association Incorporated. It is appropriate to set out that regulation here:
“Fails to Pursue The Lure means the action of a Greyhound voluntarily turning the head without making contact with another Greyhound, or voluntarily easing up, or stopping during a race while free of interference.”
[22]-The Committee has been asked to review the decisions of the Stewards on the day to stand down UTHOR BALE for failing to pursue in that it voluntarily turned its head while free of interference.
[23]-Mr Wallis submitted, in his closing submissions, that there were two questions for this Committee to ask itself. Firstly, did UTHOR BALE give the lure its full attention or did it turn its head outwards and away from the lure and, secondly, if so, did it do so free of interference? If the answer to both of those questions is “yes”, then UTHOR BALE was guilty of failing to pursue.
[24]-Mr Roberts argument was, essentially, that UTHOR BALE had jumped from its box unbalanced and was merely making, what he described as, a “correction stride” to rebalance. He questioned whether any greyhound turning its head as the lids open can be guilty of failing to pursue.
[25]-Mr Roberts did concede that UTHOR BALE had turned its head away from the lure on jumping and that it had done so free of interference. These were the two matters on which, Mr Wallis submitted, the Committee had to be satisfied. The Committee’s observation of the video replays was that UTHOR BALE did, indeed, turn its head voluntarily and, clearly did so free of interference.
[26]-Mr Roberts very eloquently advanced other considerations which he submitted were relevant and to which the Committee should have regard. However, the Committee believes that, once it makes that finding on the two relevant matters referred to, that UTHOR BALE has turned its head voluntarily and has done so without interference, then it has no discretion to take other factors into account but must uphold the raceday finding of the Stewards that UTHOR BALE had failed to pursue the lure.
Decision
[27]-The application for review is unsuccessful.
R G McKENZIE
Chairman
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 10/03/2020
Publish Date: 10/03/2020
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hearing_title: NZGRA Request for Review A C Roberts v RIU - Written Decision dated 10 March 2020 - Chair, Mr R G McKenzie
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appealdecision: NO LINKED APPEAL DECISION
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Decision:
BEFORE A JUDICIAL COMMITTEE
HELD AT CHRISTCHURCH
IN THE MATTER of the Rules and Regulations of New Zealand Greyhound Racing Association Incorporated
IN THE MATTER of an Application for a Review pursuant to Rule 55.11 by
ANTHONY CRAIG ROBERTS of Christchurch, Public Trainer
Judicial Committee:-- Mr R G McKenzie (Chairman)
Mr A J Smith (Member)
Present: --Mr A C Roberts
Mr S W Wallis, Chief Stipendiary Steward (for the Racing Integrity Unit)
R A Quirk, Stipendiary Steward
Date of Hearing:--27 February 2020
Date of Oral Decision:--27 February 2020
Date of Written Decision:-10 March 2020
DECISION OF JUDICIAL COMMITTEE
Background
[1]-Following the running of Race 10, Auckland Cup Heat 5, at the meeting of Auckland Greyhound Racing Club held at Manukau Stadium on Sunday, 23 February 2020, the winner of that race, UTHOR BALE, trained by Mr Roberts, was suspended by the Stipendiary Stewards, pursuant to Rule 55.1, for 28 days for failing to pursue the lure.
[2]-Mr Roberts has sought a review of the decision of the Stipendiary Stewards pursuant to Rule 55.11 on the ground, as stated in his Notice of Review, that “UTHOR BALE did not fail to pursue the lure”.
[3]-It was agreed that Mr Wallis would begin by showing the available video replays of the race and make submissions in support of his decision to stand down UTHOR BALE for failing to pursue.
Submissions of the Informant
[4]-Mr Wallis made the following submissions:
Gentlemen, we are here today to review the decision of the Stewards at the Auckland GRC’s meeting on the 23rd February 2020 in which Stewards stood down UTHOR BALE for Failing to Pursue the Lure.
1.-During my opening I will deal with the facts
Greyhounds are essentially bred for one purpose only and that is to chase – or pursue a lure.
•-It is in its physical and mental make up to do this and they are programmed to do so from an early stage of their lives.
•-Greyhounds which fail to pursue the lure with due commitment throughout the entirety of the race are deemed to not be committed to their sole purpose for racing.
•-UTHOR BALE is trained by Mr A C Roberts, who has been a greyhound trainer for over 25 years.
•-UTHOR BALE has had 18 starts for 7 wins, 4 seconds and 3 thirds.
•-On the 20th August 2019, in its first race day start, UTHOR BALE was stood down for 28 days for marring another runner.
•-On the 4th October 2019 UTHOR BALE completed a satisfactory trial in blinkers.
•-The Stewards panel on the day comprised of Miss P Kinsey, herself an experienced Greyhound Steward and myself, the Chief Stipendiary Steward for Greyhound Racing in New Zealand.
2.-What has to be decided today is if the Stewards were correct to form the opinion that UTHOR BALE had failed to pursue the lure as GRNZ Rule 55.1(b) is to be applied. Which reads:
Rule 55.1 (b) - Fails to Pursue The Lure in a Race:
That is when a Greyhound fails to pursue the lure with due commitment throughout the entirety of the race.
It is defined in the GRNZ Rule book as:
“the action of the Greyhound voluntarily turning the head without making contact with another Greyhound, or voluntarily easing up, or stopping during a Race while free of interference”.
Rule 55.2 - Where a Greyhound fails to pursue the Lure as provided under Rule 55.1, the Greyhound shall be examined by the officiating Veterinarian or Authorised Person - this was done on the day, with no injury detected.
3.-What I am going to show you is UTHOR BALE jumping from box number 1.
•-What I will also show you are the other seven Greyhounds jumping out of the boxes.
•-I will also show you UTHOR BALE jumping straight then, on its next step, turn its head outwards as reported by Ms Kinsey in her raceday report.
•-I will show you its head turned outwards for two strides, its attention not on the lure, before taking a bump from its outside, also reported but irrelevant to this case.
4.-(Mr Wallis showed video replays. He pointed out UTHOR BALE jump from Box 1 with its head clearly turned to the dog on its outside for two strides, then receive a “bump”, then another. He pointed to the clear gap between UTHOR BALE and the dog that jumped from Box 2 (OPAWA NAT) and pointed out the other seven greyhounds all jumping out and looking where the lure is. UTHOR BALE, he submitted was clearly not focussed on the lure, its head being turned away from the lure.)
Mr Wallis then continued:
5.-The lure is coming around the bend with UTHOR BALE drawn box 1. It is acutely aware of where it is on the track. Remember, it is trained to chase it, it is trained to jump from the boxes fast so it knows where the lure is going to be. It knows the lure is going to be to the inside of it when it leaves the boxes and it makes a conscious decision to divert its attention away from it, turning its head outwards, all the while free of interference. We are not saying the greyhound is wanting to “fight” the greyhound to its outside, this is not a marring charge.
Submissions of the Applicant
[5]-Mr Roberts said that it was apparent, from when the lids opened, that the dog was keen to pursue the lure, that he was trying to come out from underneath the lids and is attempting to exit to the left to get out as quick as he can. He was unbalanced at that time. His next stride was a “correction stride”, so he is regaining his balance. So, it is not a voluntary turning of the head but rather a correction stride to get him back on track and in a straight line and balanced, so he can continue accelerating. This shows that he was not the least bit interested in the dogs on his outside as he, shortly after, received two severe checks as he became balanced and was accelerating. He showed no interest and continued on to run past dogs and win the race quite comfortably by 5 lengths.
[6]-Any dog that has turned in the box as the lure is coming towards him would have to be classed as failing to pursue, as it is not focussed on the lure when the lids open and it takes its first stride out of the boxes. That is not “realistic”, nor is it realistic to say that a dog taking its first two strides out of the boxes, when unbalanced for those strides and is regaining its balance and is trying to accelerate at the same time, can be failing to pursue.
[7]-Mr Roberts asked the Committee to consider how the dog tried to exit the boxes and how he was twisted sideways, with his feet awkwardly placed, and attempts to straighten with a correction stride. The dog did not react to either of the two subsequent checks – he was busy pursuing the lure, as he was when the lids opened, he submitted.
[8]-Mr Roberts pointed out that UTHOR BALE has had 18 starts and was competing in a heat for a Group I race for $90,000 final and had gone on and won the race by 5 lengths.
[9]-A discussion on the points raised by Mr Roberts then followed. During the course of this discussion, Mr Roberts showed video replays of two other races in which UTHOR BALE had started from Box 1. The dog had drawn that box on four occasions, including the two at Addington shown, and Stewards had deemed his exiting the boxes to be done in an acceptable manner, despite having its head on an angle, he said. In contrast, the dog had come out extremely awkwardly in the race under review. Unfortunately, Mr Roberts was able to show these only on his mobile phone and this evidence was not really helpful to the Committee.
RIU Summing Up
[10]-Stewards were of the view that UTHOR BALE had not come out awkwardly at all. In its first stride the dog’s head was already on its way out.
[11]-Greyhounds which fail to pursue the lure with due commitment throughout the entirety of the race are deemed to not be committed to their sole purpose of racing.
[12]-When reviewing the Stewards’ decision on a raceday as to whether a greyhound has or has not breached GRNZ Rule 55, it is essential that there is no consideration afforded to the finishing position of the greyhound. It is also irrelevant that it was the greyhound’s first time on the track or the first time from a particular box. It is also irrelevant the degree to which the greyhound has turned its head. As stated before, a greyhound’s sole purpose is for racing, and to chase a lure with due commitment. I submit to you that GRNZ Rule 55.1 does not provide for these to be mitigating factors when assessing a breach of this Rule. The greyhound has either committed the offence or not.
[13]-Now we all know what is at stake here, a place in a Group 1 race with a stake of $90,000. But can I just remind the Committee when making their decision, greyhounds do not know what they are racing for. This cannot and must not be a mitigating factor in the Stewards’ mind when charging a greyhound under this Rule, nor can it be in the minds of the Committee when asked to review a Stewards’ decision.
[14]-Greyhound racing carries with it the weight of public money and the Stewards, and now the Committee, have to be seen to be appropriately protecting this. We are charged with the responsibility of enhancing public confidence and integrity within greyhound racing, to protect anyone who has had a wager on a race, and to protect the connections of rival greyhounds and by imposing the right penalties/stand downs on greyhounds when required to do so.
[15]-Given what I have shown to the hearing today, I ask the Committee to consider these two questions,
•- Did UTHOR BALE give the lure its full attention or did it voluntarily turn its head outwards during the early stages of this race as deemed by two experienced Stewards on the day in question?
•- If it turned its head outwards, was it free of interference?
If the answer to these two questions is “yes”, then the correct decision was made by the Stewards on the day to stand UTHOR BALE down for failing to pursue the lure and I respectfully submit to this Committee that this review be dismissed.
Summing Up by the Applicant
[16]-Mr Roberts said that he was not denying that the dog had turned its head outwards, free of interference, upon exiting the boxes. The important point to note, he submitted, was that it was unbalanced on coming out of the boxes and required to rebalance itself, which it did admirably and went on to win the race.
[17]-There has been a lot of money invested on the dog to take its place in the final, Mr Roberts said. He questioned how it could be said that standing the dog down could be protecting the punter.
[18]-The dog was never focussed on the outside dogs but was always wanting to chase the lure. It was the first two strides of the race, he submitted. One cannot judge whether a dog is failing to pursue the lure when it is exiting the boxes. All sorts of different things can happen as, in this case, where the dog has tried to get out to the left with an awkward first stride and, after that, rebalancing and going on to win the race by 5 lengths after receiving two severe checks and running past the other dogs, he said.
REASONS FOR DECISION
[19]-Needless to say, this has been a difficult decision for the Committee to come to, not least of all for the reason that we are aware that there is a lot at stake.
[20]-We repeatedly and carefully viewed the video replays of the start of the race in which UTHOR BALE had drawn Box 1, and we also have given serious consideration to the submissions of both parties to this review.
[21]-Mr Wallis read the Rule and the definition of “failing to pursue” which is contained in Clause 1 of the Regulations of the NZ Greyhound Racing Association Incorporated. It is appropriate to set out that regulation here:
“Fails to Pursue The Lure means the action of a Greyhound voluntarily turning the head without making contact with another Greyhound, or voluntarily easing up, or stopping during a race while free of interference.”
[22]-The Committee has been asked to review the decisions of the Stewards on the day to stand down UTHOR BALE for failing to pursue in that it voluntarily turned its head while free of interference.
[23]-Mr Wallis submitted, in his closing submissions, that there were two questions for this Committee to ask itself. Firstly, did UTHOR BALE give the lure its full attention or did it turn its head outwards and away from the lure and, secondly, if so, did it do so free of interference? If the answer to both of those questions is “yes”, then UTHOR BALE was guilty of failing to pursue.
[24]-Mr Roberts argument was, essentially, that UTHOR BALE had jumped from its box unbalanced and was merely making, what he described as, a “correction stride” to rebalance. He questioned whether any greyhound turning its head as the lids open can be guilty of failing to pursue.
[25]-Mr Roberts did concede that UTHOR BALE had turned its head away from the lure on jumping and that it had done so free of interference. These were the two matters on which, Mr Wallis submitted, the Committee had to be satisfied. The Committee’s observation of the video replays was that UTHOR BALE did, indeed, turn its head voluntarily and, clearly did so free of interference.
[26]-Mr Roberts very eloquently advanced other considerations which he submitted were relevant and to which the Committee should have regard. However, the Committee believes that, once it makes that finding on the two relevant matters referred to, that UTHOR BALE has turned its head voluntarily and has done so without interference, then it has no discretion to take other factors into account but must uphold the raceday finding of the Stewards that UTHOR BALE had failed to pursue the lure.
Decision
[27]-The application for review is unsuccessful.
R G McKENZIE
Chairman
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