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Non Raceday Inquiry RIU v A Bradshaw - Decision dated 29 March 2019 - Chair, Mr T Utikere

Created on 02 April 2019

BEFORE A JUDICIAL COMMITTEE OF THE

JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

IN THE MATTER of the Rules of Greyhound Racing

BETWEEN RACING INTEGRITY UNIT

Informant

AND A BRADSHAW

Respondent

Judicial Committee: Mr T Utikere (Chairman)

Mrs N Moffatt (Member)

Parties: Mr S Wallis (for the RIU)

Ms A Bradshaw (as the Respondent)

DECISION OF JUDICIAL COMMITTEE DATED 29 MARCH 2019

FACTS

[1] The Respondent has been charged with a breach of Rule 62.1(cc) of the New Zealand Rules of Greyhound Racing.

[2] The relevant Rule is as follows:

Rule 62.1: Any person (including an Official) commits an offence if he/she:

(cc) acts in contravention of or fails to comply with any provision of these Rules or any Rules made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules;

[3] The specific Information alleged:

Information No A10842

“You failed to comply with GRNZ Registering a Breeding Female Policy by having the bitch NICEY SPICEY serviced prior to it being registered as a breeding female.”

[4] The relevant section of the Policy at [2] states:

“A breeding female must be confirmed as registered prior to being serviced”.

[5] The Committee was in receipt of the Notice of Appointment, an Authority to Charge Letter from the General Manager of the Racing Integrity Unit (RIU), Mr M Godber, and a signed copy of the Information. The Respondent had signed the Information as admitting the breach and endorsed the Information with “I do not wish to be present at the hearing of this Information”. This matter was heard prior to racing at Manawatu Raceway on 29 March 2019.

SUBMISSIONS

[6] Mr Wallis explained that the respondent had the bitch NICEY SPICEY serviced by the sire DREAM COLLECTOR on 1 February 2019. GRNZ then received a Registration Form from Ms Bradshaw on 21 March 2019. He informed the Committee that the Policy required that the Registration Form should have been sent to GRNZ prior to NICEY SPICEY being presented for service, not after.

[7] In speaking with the respondent, Mr Wallis said that she openly admitted the mistake and also suggested that her paperwork was not that great; but that would now change as a result of this charge as she had an increased level of awareness. Her reason for the oversight was that she was still racing the dog when it came into season; and that she wanted to take advantage of this.

[8] In response to a question from the Committee, Mr Wallis confirmed that the Policy came into effect on 1 August 2018 and that its purpose was to ensure that GRNZ had a complete list of all breeding bitches in the country for its statistical database.

DECISION

[9] As the charge was admitted, the Committee deemed the charge proved.

PENALTY SUBMISSIONS

[10] Mr Wallis identified that a breach of Rule 62.1(cc) fell within the Sixth Schedule and attracted a $300 fine as a first offence Minor Infringement. He submitted that as this was the respondent’s first offence under this rule within the reset period, a $300 fine was appropriate.

REASONS FOR PENALTY

[11] It is clear to this Committee that the registration and administrative responsibilities placed on licensed persons is important to ensure a level of integrity within the New Zealand greyhound racing code. We consider it appropriate to impose a penalty that is in line with what has been identified in the Minor Infringement Schedule for a first breach of Rule 62.1(cc).

PENALTY

[12] Ms Bradshaw is fined $300.

Signed at Palmerston North this 29th day of March 2019.

Mr Tangi Utikere

Chairman

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