You are here: Home / Race Days / Dummy Location - 1 January 2001 / Non-Raceday Inquiry - BJ Borcoskie

Non-Raceday Inquiry - BJ Borcoskie



833.3
1003.1.a
111.1
1114.2A

The defendant is charged with one breach of Rule 833(3) of the Rules of Harness Racing.  The charge (Information 67202) preferred by Racecourse Inspector Kitto

DECISION OF THE JUDICIAL COMMITTEE

 

The defendant is charged with one breach of Rule 833(3) of the Rules of Harness Racing.  The charge (Information 67202) preferred by Racecourse Inspector Kitto reads as follows –

 

          “I, the above named informant allege that the above named Defendant

committed a breach of Rule 833(3) in that Brent John BORCOSKIE on the 4th  day of March 2008, being the trainer of the registered standardbred horse “Great Balls a Flyin”, without the prior consent of the owner did withdraw the said horse he had been training if such horse has been removed or he had

 

received notice of an  intention to remove such horse from his custody, from Race 3, The Travel Practice Pace, at Addington Racecourse, held by the New Zealand  Metropolitan Trotting Club.”

 

Rule 833(3) New Zealand Rules of Harness Racing

 

Rule 833(3) reads as follows.

 

“(3) No trainer shall without the prior consent of the owner or in the case of an approved company the racing manager withdraw a horse he is or has been training if such horse has been removed or he has received notice of an intention to remove such horse from his custody.”        

 

Mr Borcoskie had previously indicated that he admitted this breach of the Rules,

and he confirmed this at the hearing.

 

          Mr Kitto produced written authority from the General Manager of Harness Racing New Zealand (“HRNZ”) to file this Information.

 

Summary of Facts:  

 

Mr Kitto presented a “Summary of Facts” which is attached to this decision.  “Great Balls a Flyin” had been correctly entered for Race 3, the Travel Practice Pace, at the New Zealand Metropolitan Trotting Club’s race meeting held at the Addington Raceway on 5 March 2008.  Mr Borcoskie scratched the horse at 9-08am on Tuesday 4 March 2008 giving the reason that the horse had gone back to its owner.  The owner later complained to HRNZ that his horse had been scratched without consulting him, and without his consent.

 

When interviewed Mr Borcoskie admitted that he had returned the horse to the owners’ property without telling the owner about it.  He also admitted that he should have advised the owner and sought directions from him about the horse’s return. Mr Borcoskie also said that his error was in not knowing the rules more than anything else, although he did agree that he should have known the rules.

 

Submissions on Penalty: 

 

Mr Kitto’s written submissions on penalty are also attached to this decision.  Rule 1003(1)(a), (b) and (c) of the New Zealand Rules of Harness Racing provide for the penalties in this case, as follows.

 

“1003(1) A person who commits a breach of any Rule shall (subject to the provisions of Rule 111(1), 113(5), 451(3), 507(4), 1001 or 1004 hereof) shall be liable to the following penalties:

 

(a)  a fine not exceeding $5,000;  and/or

 

(b)  suspension from holding or obtaining a licence for a period not exceeding 12 months; and/or

 

(c)   disqualification for a period not exceeding 12 months…..”

 

          Mr Kitto advised that Mr Borcoskie had not offended in this manner before, and had pleaded guilty at the first opportunity.  HRNZ believed that this matter could be dealt with by means of a monetary penalty.

 

          Mr Borcoskie said that he was a married man with a young family and not well off.  He gained the majority of his income as a horse trainer.

 

Decision on Penalty:  

 

          We could find no precedents for a breach of this Rule.  We take into account Mr Borcoskie’s good record and early guilty plea along with his personal circumstances. We have determined that an appropriate fine in this case is $500-00 and Mr Borcoskie is fined this amount.

 

          Mr Kitto referred us to the provisions of Rule 1114(2A) of the New Zealand Rules of Harness Racing which allows for part of a fine to be paid to the complainant or such other person as the Judicial Committee thinks fit.  We have given consideration as to whether the owner of “Great Balls a Flyin” should receive part of the fine and have decided that in this case it would not be appropriate to make such an order.     

 

 

 

 

Costs: 

 

Mr Kitto advised that no costs were being sought by HRNZ as this matter was heard on a race night.  For this same reason no costs are being sought by the JCA.  There will be no order for costs.    

 

 

 

 

­­­­_____         _________

J.  M. Phelan

Chairman. 

 

Document Actions