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Non Raceday Inquiry Request for a Ruling - Decision dated 26 May 2020 - Chair, Prof G Hall

Created on 28 May 2020

BEFORE A JUDICIAL COMMITTEE OF

THE JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

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

BETWEEN RACING INTEGRITY UNIT (RIU)

Informant

AND MR MURRAY BROWN

Licensed Trainer

Respondent

Information: A12723

Judicial Committee: Prof G Hall, Chairman

Mr P Knowles, Member

On the papers

DECISION OF JUDICIAL COMMITTEE

[1] The RIU seeks a ruling pursuant to rr 1109(3) and 1113(1) as to the disqualification of the horse CAUTIOUS GALLEON from two races that the horse entered and started as CAUTIOUS GALLEON, as the horse has since been identified as another horse.

[2] The relevant rules are rr 411(2) and 1003(2)(a).

[3] Rule 411(2) provides: “Where a horse has, or is deemed to have been accepted for a race at a particular racecourse no other horse shall be brought to the racecourse for the purpose of racing there as the first-mentioned horse.”

[4] Rule 1003(2)(a) provides: “Every horse which commits a breach of any Rule shall be liable to … be disqualified … from any race.”

[5] The agreed summary of facts states:

1. The two horses involved are "CAUTIOUS GALLEON", freeze brand 164188, and "NORTHVIEW PEG", freeze brand 164180.

2. Both horses are 3-year old fillies and were born in November 2016.

3. The horse alleged to be "CAUTIOUS GALLEON" has always been trained by Mr Murray Brown, a licensed Public Trainer of Invercargill.

4. Mr Brown presented "CAUTIOUS GALLEON" at the Wyndham Trials on 8th January 2020, where she was inspected by Stipendiary Steward, Mr Vinny Munro. It was noted by him, that the filly had both white hind pasterns and that the last symbol on the bottom line of the freeze brand was distorted.

5. "CAUTIOUS GALLEON" finished 4th of the 5 runners and subsequently qualified.

6. On 21st February 2020, "CAUTIOUS GALLEON" was nominated for and started at the Invercargill Harness Racing Club's meeting at Ascot Park Raceway. The horse started in Race 8, the McKNIGHT AND BROWN FILLIES AND MARES PACE over 2200 metres. She finished in 4th place of the 7 starters and earned $400.00 in prize money.

7. On 1st March 2020, "CAUTIOUS GALLEON" was nominated for and started at the Invercargill Harness Racing Club's meeting at Ascot Park Raceway. The horse started in Race 10, the HOMESTEAD FILLIES AND MARES MOBILE PACE over 2200 metres. She finished in 5th place of the 12 starters and earned $300.00 in prize money.

8. On 4th March 2020 at 10.00am, Stipendiary Steward Mr Vinny Munro received a phone call from Licensed Trainer, Mr Murray Brown.

9. Mr Brown advised that he had a new horse arrive at his property to train and he believed after looking at the new horse' s brand that he had a horse possibly racing under the wrong name.

10. Mr Munro visited Mr Brown's stables at 11am that same day.

11. The filly "CAUTIOUS GALLEON" who had 2 starts for Mr Brown was in her stall.

12. A phone call was made to Mr John French, Registrations Officer for Harness Racing New Zealand, who after a discussion advised for a sample of "CAUTIOUS GALLEON”'s hair to be taken and to be sent for DNA analysis.

13. Mr Brown then accompanied Mr Munro to view the other filly "NORTHVIEW PEG" who had been broken in at another stable.

14. This filly had the freeze brand 161488 and a near hind white pastern and some white hairs on her forehead.

15. On the 19th March 2020, an email was received from Mr John French, confirming that the hair samples taken from "CAUTIOUS GALLEON" were not from "CAUTIOUS GALLEON".

16. It is now proven that the two horses have been swapped and "CAUTIOUS GALLEON" is in fact "NORTHVIEW PEG".

[6] We held a teleconference on 22 May last. Mr Brown confirmed that he accepted both horses should be disqualified from the races in question in accordance with the Rules.

[7] Both parties agreed that the brand on the horse identified as CAUTIOUS GALLEON was difficult to decipher and that an honest mistake had been made.

[8] Mr Munro said that it was because of Mr Brown’s diligent book-keeping practices that the mistake was noticed immediately the second horse (the horse who is in fact CAUTIOUS GALLEON) came to Mr Brown’s stable. Mr Brown had notified the authorities as soon as he became aware of the fact there had been a mix up with the horses. The horses had come from Macca Lodge and have the same owner.

[9] We rule pursuant to r 1003(2)(a) that the horse CAUTIOUS GALLEON is disqualified from 4th place in Race 8, the McKNIGHT AND BROWN FILLIES AND MARES PACE at the Invercargill Harness Racing Club's meeting on 21 February 2020.

[10] Amended placings in accordance with r 1113(1) are:

1ST - BAILEYS DIAMOND

2ND - BROADBEACH

3RD - AMERICAN EYRETIME

4TH - JUST CHEDDAR

5TH - ARCO

[11] We further rule that pursuant to r 1003(2)(a) the horse CAUTIOUS GALLEON is disqualified from 5th place in Race 10, the HOMESTEAD FILLIES AND MARES MOBILE PACE at the Invercargill Harness Racing Club's meeting on 1 March 2020.

[12] Amended placings in accordance with r 1113(1) are:

1ST - ALEXSJOY

2ND - A SMIDGEN MORE

3RD - AMERICAN EYRETIME

4TH - TAC MAC

5TH - MISS IVY

[13] Stakes of $400 and $300, respectively, have been paid. Pursuant to r 1113(4) we order that these are to be repaid to the Club immediately.

[14] The matter was heard on the papers. There is no order for costs.

Dated at Dunedin this 26th day of May 2020.

Geoff Hall, Chairman

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