NZGRA Request for Review J A McArthur v RIU – Written Decision dated 7 February 2019 – Chair, Prof G Hall
ID: JCA11311
Decision:
BEFORE A JUDICIAL COMMITTEE
OF THE JCA IN PALMERSTON NORTH
-IN THE MATTER of the Rules of New Zealand Greyhound Racing Association (Incorporated)
BETWEEN
JOHN ALEXANDER MCARTHUR, Kennel Proprietor
Applicant
AND-RACING INTEGRITY UNIT (RIU)
Respondent
Judicial Committee: --Prof G Hall, Chairman
Mr P Williams, Member
Appearing:--The applicant in person
Mr M Austin for the respondent
Date of oral decision: -28 January 2019
WRITTEN DECISION OF THE JUDICIAL COMMITTEE
[1]-At the meeting of the Wanganui Greyhound Racing Club held on Wednesday, 9 January 2019 at Wanganui the dog RED WIZARD was stood down for 28 days (1st offence) for failing to pursue the lure. This is an alleged breach of r 55.1(b) of the Greyhound Racing New Zealand Rules of Racing.
[2]-This rule reads:
Where a Greyhound: (b) Fails to pursue the Lure in a Race;
the Stewards may impose the following periods of suspension:
(c) in the case of a first offence, 28 days and until the completion of a Satisfactory Trial.
[3]-“Fails to Pursue The Lure” is defined in the GRNZ rules 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.”
[4]-This was RED WIZARD’s first raceday start. The dog finished fourth.
[5]-On the day in question RED WIZARD was referred to the official veterinarian post-race and cleared of any injury. Mr Austin produced the report of the veterinarian examination.
[6]-Mr McArthur filed an application for a review. This application was heard on 28 January and, in an oral decision that day, we determined that the review was unsuccessful and a written decision would follow.
Applicant’s case
[7]-Mr McArthur asked that the Committee view the race in real time. He said RED WIZARD, which was the #2 dog, was a dog that preferred to race towards the outside of the track, and was trying to get to that position on leaving the boxes. His view, as a trainer with 40 odd years’ experience racing greyhounds, was that RED WIZARD was going to continue to do that.
[8]-Mr McArthur said RED WIZARD was looking to the outside because the dog wanted to get to the outside of the track. He said greyhounds were sight and sound dogs. That was why they would “go mad” at the sound of the lure.
[9]-At the trials RED WIZARD had gone to the outside. He described the dog as going to be a “problem child” for them. He accepted a stand down would be appropriate if RED WIZARD had interfered with other dogs, but it had not. He later added that some dogs will get out on the bends looking for other dogs. These dogs would often interfere with other dogs. RED WIZARD had not done this.
[10]-Mr McArthur believed that it was an animal welfare issue. If the Stipendiary Stewards were going to view races frame by frame in slow motion, the industry would lose dogs. They would just “disappear”. It was part and parcel of greyhound racing that dogs would bump and crash.
[11]-The Committee drew the attention of Mr McArthur to the wording of failing to pursue. He did not disagree that RED WIZARD had turned its head outwards.
Respondent’s case
[12]-Mr Austin demonstrated on the films that RED WIZARD had jumped and almost immediately run out. He said the Stewards had no concerns until a couple of strides later when RED WIZARD looked towards the #5 dog that was coming across. He said RED WIZARD was not focused on the lure and did not do so until the dog was dictated inwards.
[13]-We questioned Mr Austin as to how long he believed RED WIZARD’s head was turned, he responded, “Just one stride.”
[14]-Mr Austin said there was a second occasion a few strides later when RED WIZARD looked away from the lure. He said he believed RED WIZARD was looking over at the #5 dog before there was contact with that dog. He said RED WIZARD continued to try to run outwards. He said he accepted that trying to get out was not an offence but again he believed the dog’s head was turned out for one stride.
[15]-Mr Austin said once RED WIZARD was clear of the #5 dog it had run three off the fence to the finish. The Stipendiary Stewards had no issue with this.
[16]- Mr Austin said it was correct that RED WIZARD was a first starter but there was nothing in the rules to suggest leniency should be shown to a dog just because it was its first start.
[17]-Mr Austin said RED WIZARD had trialled at Wanganui and he believed the dog did not have an issue with the track. He added that “lots of dogs go in and out” but their heads are not turned and thus they are chasing the lure.
[18]-Mr Austin said he was present at the dog’s qualifying trial. It had run wide on the track but there was no issue with its run on that occasion.
Summing up
[19]-Mr McArthur reiterated that the Stewards should only be looking at the videos at normal racing speed.
[20]-Mr McArthur said this was the first time the dog had raced and he had defended the dog because it was “a fighter” and he believed once a fail to pursue was on a dog’s ticket, the Stewards would look at the dog in its future races.
[21]-Mr Austin replied the Stewards did use frame by frame analysis when they needed to. This was common throughout Australasia and was of great assistance to the Stewards.
[22]-Mr Austin said while the Stewards were not unsympathetic to the position the dog was in as a consequence of the breach, if the dog, which was the third favourite, had focused on the lure into the first bend, it may have finished closer.
[23]-Mr McArthur replied that he believed the #5 dog was not looking at the lure. He said RED WIZARD was “very dumb” when coming out of the boxes but generally dogs would do what they want to after jumping.
[24]-He concluded by stating that in his opinion RED WIZARD had done nothing wrong.
Decision
[25]-There are two moments in the race that are of concern. It is our view that on each occasion RED WIZARD has turned its head away from the lure.
[26]-On its second stride after jumping, RED WIZARD’s head is turned outwards. This is for a stride and a half.
[27]-On the fifth stride from the box RED WIZARD is again looking to the outside of the track and to the #5 dog that had commenced an inwards run towards the rail. While RED WIZARD was going to the outside of the track it showed interest in the #5 dog when it came alongside. Eventually there is contact between the two dogs but significantly the videos show clearly that this is after RED WIZARD has a look.
[28]-When RED WIZARD is looking on the second occasion, a freezing of the frame shows that RED WIZARD is the only dog whose head is not focused on the lure.
[29]-We accept some dogs like to race wide on the track. RED WIZARD appears to be such a dog. But, significantly, when the dog is running out its head is turned further to the outside than is the body of the dog.
[30]-We are satisfied that RED WIZARD voluntarily turned its head away from the lure on two occasions. In so doing, RED WIZARD has failed to pursue with due commitment throughout the entirety of the race and thus is in breach of r 55.1(b).
[31]-The review is not successful. The stand down under r 55.1(b), (c) is confirmed.
Dated at Dunedin this 7th day of February 2019.
Geoff Hall, Chairman
Appeal Decision: NO LINKED APPEAL DECISION
Decision Date: 11/02/2019
Publish Date: 11/02/2019
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
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hearing_title: NZGRA Request for Review J A McArthur v RIU - Written Decision dated 7 February 2019 - Chair, Prof G Hall
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Decision:
BEFORE A JUDICIAL COMMITTEE
OF THE JCA IN PALMERSTON NORTH
-IN THE MATTER of the Rules of New Zealand Greyhound Racing Association (Incorporated)
BETWEEN
JOHN ALEXANDER MCARTHUR, Kennel Proprietor
Applicant
AND-RACING INTEGRITY UNIT (RIU)
Respondent
Judicial Committee: --Prof G Hall, Chairman
Mr P Williams, Member
Appearing:--The applicant in person
Mr M Austin for the respondent
Date of oral decision: -28 January 2019
WRITTEN DECISION OF THE JUDICIAL COMMITTEE
[1]-At the meeting of the Wanganui Greyhound Racing Club held on Wednesday, 9 January 2019 at Wanganui the dog RED WIZARD was stood down for 28 days (1st offence) for failing to pursue the lure. This is an alleged breach of r 55.1(b) of the Greyhound Racing New Zealand Rules of Racing.
[2]-This rule reads:
Where a Greyhound: (b) Fails to pursue the Lure in a Race;
the Stewards may impose the following periods of suspension:
(c) in the case of a first offence, 28 days and until the completion of a Satisfactory Trial.
[3]-“Fails to Pursue The Lure” is defined in the GRNZ rules 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.”
[4]-This was RED WIZARD’s first raceday start. The dog finished fourth.
[5]-On the day in question RED WIZARD was referred to the official veterinarian post-race and cleared of any injury. Mr Austin produced the report of the veterinarian examination.
[6]-Mr McArthur filed an application for a review. This application was heard on 28 January and, in an oral decision that day, we determined that the review was unsuccessful and a written decision would follow.
Applicant’s case
[7]-Mr McArthur asked that the Committee view the race in real time. He said RED WIZARD, which was the #2 dog, was a dog that preferred to race towards the outside of the track, and was trying to get to that position on leaving the boxes. His view, as a trainer with 40 odd years’ experience racing greyhounds, was that RED WIZARD was going to continue to do that.
[8]-Mr McArthur said RED WIZARD was looking to the outside because the dog wanted to get to the outside of the track. He said greyhounds were sight and sound dogs. That was why they would “go mad” at the sound of the lure.
[9]-At the trials RED WIZARD had gone to the outside. He described the dog as going to be a “problem child” for them. He accepted a stand down would be appropriate if RED WIZARD had interfered with other dogs, but it had not. He later added that some dogs will get out on the bends looking for other dogs. These dogs would often interfere with other dogs. RED WIZARD had not done this.
[10]-Mr McArthur believed that it was an animal welfare issue. If the Stipendiary Stewards were going to view races frame by frame in slow motion, the industry would lose dogs. They would just “disappear”. It was part and parcel of greyhound racing that dogs would bump and crash.
[11]-The Committee drew the attention of Mr McArthur to the wording of failing to pursue. He did not disagree that RED WIZARD had turned its head outwards.
Respondent’s case
[12]-Mr Austin demonstrated on the films that RED WIZARD had jumped and almost immediately run out. He said the Stewards had no concerns until a couple of strides later when RED WIZARD looked towards the #5 dog that was coming across. He said RED WIZARD was not focused on the lure and did not do so until the dog was dictated inwards.
[13]-We questioned Mr Austin as to how long he believed RED WIZARD’s head was turned, he responded, “Just one stride.”
[14]-Mr Austin said there was a second occasion a few strides later when RED WIZARD looked away from the lure. He said he believed RED WIZARD was looking over at the #5 dog before there was contact with that dog. He said RED WIZARD continued to try to run outwards. He said he accepted that trying to get out was not an offence but again he believed the dog’s head was turned out for one stride.
[15]-Mr Austin said once RED WIZARD was clear of the #5 dog it had run three off the fence to the finish. The Stipendiary Stewards had no issue with this.
[16]- Mr Austin said it was correct that RED WIZARD was a first starter but there was nothing in the rules to suggest leniency should be shown to a dog just because it was its first start.
[17]-Mr Austin said RED WIZARD had trialled at Wanganui and he believed the dog did not have an issue with the track. He added that “lots of dogs go in and out” but their heads are not turned and thus they are chasing the lure.
[18]-Mr Austin said he was present at the dog’s qualifying trial. It had run wide on the track but there was no issue with its run on that occasion.
Summing up
[19]-Mr McArthur reiterated that the Stewards should only be looking at the videos at normal racing speed.
[20]-Mr McArthur said this was the first time the dog had raced and he had defended the dog because it was “a fighter” and he believed once a fail to pursue was on a dog’s ticket, the Stewards would look at the dog in its future races.
[21]-Mr Austin replied the Stewards did use frame by frame analysis when they needed to. This was common throughout Australasia and was of great assistance to the Stewards.
[22]-Mr Austin said while the Stewards were not unsympathetic to the position the dog was in as a consequence of the breach, if the dog, which was the third favourite, had focused on the lure into the first bend, it may have finished closer.
[23]-Mr McArthur replied that he believed the #5 dog was not looking at the lure. He said RED WIZARD was “very dumb” when coming out of the boxes but generally dogs would do what they want to after jumping.
[24]-He concluded by stating that in his opinion RED WIZARD had done nothing wrong.
Decision
[25]-There are two moments in the race that are of concern. It is our view that on each occasion RED WIZARD has turned its head away from the lure.
[26]-On its second stride after jumping, RED WIZARD’s head is turned outwards. This is for a stride and a half.
[27]-On the fifth stride from the box RED WIZARD is again looking to the outside of the track and to the #5 dog that had commenced an inwards run towards the rail. While RED WIZARD was going to the outside of the track it showed interest in the #5 dog when it came alongside. Eventually there is contact between the two dogs but significantly the videos show clearly that this is after RED WIZARD has a look.
[28]-When RED WIZARD is looking on the second occasion, a freezing of the frame shows that RED WIZARD is the only dog whose head is not focused on the lure.
[29]-We accept some dogs like to race wide on the track. RED WIZARD appears to be such a dog. But, significantly, when the dog is running out its head is turned further to the outside than is the body of the dog.
[30]-We are satisfied that RED WIZARD voluntarily turned its head away from the lure on two occasions. In so doing, RED WIZARD has failed to pursue with due commitment throughout the entirety of the race and thus is in breach of r 55.1(b).
[31]-The review is not successful. The stand down under r 55.1(b), (c) is confirmed.
Dated at Dunedin this 7th day of February 2019.
Geoff Hall, Chairman
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