Chief Stipe

That they are. My point is that the rules can be enforced and adjudicated on in a much more cost effective way than they are at present. The new RIB which is the amalgamation of previously two separate enforcement arms of the industry was supposed to provide some cost efficiencies. It is clearly apparent that no such efficiencies have eventuated with the RIB costs increasing. If there is a rule then the penalty should be clear. If the respondent disagrees and wishes to appeal then that should be the point at which costs are incurred and legal points of law are tested.

So the NZ precedents were not enough? Was there actually a point of law that needed Justice Gendall to research precedents from other jurisdictions? Is there a possibility that this decision will be challenged in a higher court? In my opinion it was a typical expensive ego trip by an aging Judge that achieves nothing but cost to the industry. Those are points that are obviously beyond you.

Once again you miss the point.

I think you might be off the money on this one @Brodie. He ran some nice sectionals last night so has got some speed. Did it tough and didn't throw in the towel. I don't think he is sore. A slushy track and the fact that he has broken in other races previously giving him unruly status would have meant they'd likely have brought his hobbles in a notch. A big horse with a loping gait he didn't look sore to me but look more constrained within his gear. That said when a horse came alongside him down the back he smartened up.

The latest win. Only 4 or is it 5 more to get a NZ Cup start? They won't get easier.

Doesn't this have an INCA modus operandi feel about it? Retired ex-cop "Bob" still trying to score a goal directly related to his new job, pursues every avenue to get "something". Lo and behold 6 months after an alleged offence occurs charges arise unrelated to "Bob's" job. Just so happens to coincide with belated progress on another matter. Inspector Dan at the "real cops" then makes an ill advised political statement to the media. Was it Inspector Dan's role to comment on employment contracts? What does that have to do with the charges laid? Is that observation by Inspector Dan really a HRNZ problem? Is Dan applying for a RIB job? Are we seeing the RIB under its new ex-cop leadership venturing too far into industry policy matters instead of resolving its own staffing issues and focusing on what they are tasked to do? Meanwhile we will see again the chorus of the disgruntled chirping away behind private social media walls and feeding the journalists.

Horse trainer and driver allegedly sexually abused young woman Blair Ensor15:56, May 20 2022 ALDEN WILLIAMS/STUFF A horse trainer and a driver are due to appear in court next week facing sex charges. (File photo) A horse trainer and a driver allegedly sexually abused a woman during last year's New Zealand Cup and Show week in Canterbury. It comes as a police officer says more needs to be done to stop a small group of trainers from exploiting a power imbalance that exists in the industry. A 25-year-old trainer has been charged with indecent assault and aggravated assault, while a 29-year-old driver has been charged with indecent assault. It’s understood the charges relate to an incident that happened at a private training stables in November last year. Detective Sergeant Daniel Isherwood said the two men were arrested this week and would appear in the Christchurch District Court on Wednesday. He declined to comment further about the case while it was before the courts. However, speaking generally, Isherwood said it was clear from his inquiries and observations that the harness racing industry had a problem it needed to address. “A lack of employment contracts, coupled with young women who are motivated to progress their careers has unfortunately created an environment a small number of trainers have chosen to exploit. “Trainers are in a position of power and really need to take a hard look at what they are doing to ensure a safe work place.” Harness Racing New Zealand chief executive Gary Woodham could not be reached for comment. nken crash

Which kennel? Which dog?

Why would Te Akau bother? They have the North Island covered from Matamata. Might be an Otaki trainer?

Mmmm a rumour is circulating about a Trainer based at Woodend. I've been sent the identity of who is the subject of the rumour but won't be publishing it. Of course Archie Butterfly @Archie Butterfly is in boots and all.

Aside from the fact that it must have cost a heap for a Honorable QC to research and write a comprehensive legal argument, why reference Irish racing?

Non Raceday Inquiry – Written Reserved Decision dated 13 May 2022 – David Jensen ID: RIB9073 Respondent(s): David Jensen - Trainer Applicant: Ms G Murrow Adjudicators: Hon JW Gendall QC (Chair), Mr T Castles Persons Present: Mr Jensen, Mr N Kirton assisting Mr Jensen Information Number: A15756 Decision Type: Adjudicative Decision Charge: Failed to comply with a NZTR Directive (in line with the governance of the COVID-19 Public Health Response Act 2020) Rule(s): 802(1)(a) Plea: Admitted Hearing Date: 06/05/2022 Hearing Location: Awapuni Racecourse, Palmerston North Outcome: Proved Penalty: Trainer, David Jensen suspended for 8 weeks (2 already served) and fined $750 Racing Integrity Board Decision Between: Racing Integrity Board (Ms G Murrow) RIB Investigator – Informant And: David Jensen – Class B Licensed Trainer – Respondent INFORMATION NO. 15756 Inquiry held at Awapuni Racecourse 6 May 2022 Adjudication Committee: Hon JW Gendall QC (Chair) Mr T Castles (Member) Present: Mr D Jensen, Respondent (assisted by Mr N Kirton) (Ms Murrow had filed written submissions and her attendance was excused) RESERVED DECISION OF ADJUDICATIVE COMMITTEE DATED 13 MAY 2022 1. Mr Jensen is a Class B Licensed Trainer and operating at Foxton Racecourse. He was charged with a breach of Rule 802(1)(a) of the NZ Thoroughbred Racing Rules in that: a) On 24 February 2022 he attended at the race meeting at Whanganui racecourse and knowingly failed to comply with a NZTR Directive (in line with the governance of the Covid 19 Public Health Response Act 2020). 2. Rule 802(1)(a) relevantly provides that if “person commits a breach of these Rules who acts in contravention or fails to comply with any provision of these Rules, or any Policy, Notice, Direction, Instruction …, requirement …, made or imposed under these Rules”. 3. A Directive was issued by NZTR to all Licensees on 26 November 2021 and required “that all people entering the [race] meeting provide their “My Vaccine Pass” at entry to prove that they were double vaccinated against the Covid 19 virus”. The directive stated that a “failure to adhere to this Directive (and the protocols set out…) constituted a breach of the Rules of Racing (Rule 801 – Serious Racing Offence) or may be a breach stipulated as a Minor Infringement”. 4. Mr Jensen did not have such a pass as proof of double vaccination, or any exemption issued by the Ministry of Health. That was because he was not double vaccinated. No such pass or proof was or could be held. He entered Whanganui Racecourse on the 24 February 2022 as a Trainer to attend the race meeting on that day. 5. Mr Jensen admitted the charge. By consent, a penalty decision was made by an adjudication Committee of the RIB on the papers on 11 April 2022. As that decision recorded, there had been several directions that Mr Jensen submit his penalty submission, but none were received. Mr Jensen later submitted that he did not know of the directions, so the Committee determined that in fairness to him, to grant a rehearing under Rule 923(1) to rectify any mistake. 6. The rehearing of the penalty decision has occurred on, 6 May 2022. Submissions, both in the writing and orally, have been received from both Mr Jensen and his Lay Representative, Mr Kirton. The Informant’s written submissions, earlier received, were also before the Committee, and Ms Murrow’s attendance had been excused. 7. The Submissions that are now presented by the Lay Representative put forward an argument, set out below, which had not been advanced by Mr Jensen in his written submissions, nor signaled to the Informant, who has had no opportunity to respond to them. But the intricate argument of Mr Kirton is rejected as we later recorded, if is not necessary for the penalty hearing to be prolonged by further submissions from the Informant. However, we direct that the directive that the written submissions of Mr Kirton at the hearing are to be forwarded to the Informant so as that it may be able to meet any later action if it arose. That is because Mr Kirton then delivered a warning statement to the Committee “would encounter significant procedural Appeal and Review challenge should it proceed to impose a penalty outside the Minor Infringement penalty system”. Essential facts 8. Mr Jensen Holds a Class B Trainer’s License which is issued to Trainers who do not train more than six horses, which shall include those in which he/she may have an ownership interest (Rule 304(c)). He says he trains 5 horses for himself and owners. 9. On 24 February 2022 he attended a race meeting at Whanganui Racecourse, he said in order to assist with a fractious horse. He was not double vaccinated. When asked by Stewards for his required pass he said that he left it in his car. This explanation was false. He did not have such a pass. He was asked by the Stewards to retrieve his “pass” and return. He then gave a different explanation, namely that he thought his “pass” was in his wallet and had been left at home. Mr Jensen then said that his cellphone was “flat”, so he was unable to show his pass in that form. He then left the course without returning, despite being requested, to the Stewards’ Room. 10. The RIB Investigator required Mr Jensen to email the pass he claimed he had by the end of the day. At 8pm that day he advised the Investigator that he had no Wi-Fi access so was unable to send his pass. An arrangement was made the for him to meet the NZTR employee who checked COVID passes, the next day. Mr Jensen did not attend. But at approximately noon on the morning of 25 February 2022, he sent a vaccine pass to the Investigator, that had not existed the previous day. When further questioned as to whether he had such a pass previously, he responded in an agitated and aggressive fashion and terminated the telephone call. 11. Later that day he admitted to the Investigator that he had obtained his second vaccination only on that morning of 25 February 2022. He admitted that on the previous day of 24 February 2022 when he entered the racecourse, he had only received one vaccination, and did not have the required pass, or proof. 12. Enquires disclosed that he had also attended other race meetings (on 2 January 2022, and 11 February 2022 at Awapuni) when he did not comply with the NZTR Directive, with proof on double vaccination with a “My Vaccine Pass”. So, his disobedience of the Directive in fact had occurred on 3 occasions. Penalty Submissions 13. After referring to the principles and considerations discussed by an Appeal Committee in RIU v L – where all are well known to the Committee – the Informant summarised these as needing to proportionally balance: • The public interest • The interest of the offender • The interests of the profession • The seriousness of the offending • Aggravating and mitigating factors 14. The Informant submitted there was a need to deter others from similar offending – that is, for disobedience of NZTR Directives which required compliance by Licensees. She referred to the provisions in Rule 803(1), namely disqualification or suspension up to 12 months, fine not exceeding $20,000. 15. It was submitted by the RIB, that “the penalty should be a fine with serious consideration to a period of suspension or disqualification”. 16. The Informant has referred to comparable cases of RIB v Keegan (4-month suspension and $3,000 fine for a Licensed Class A Trainer), RIB v Hewitson, (a fine of $2,400 but no suspension (as his license had expired) where a domestic regional boundary restriction was crossed; RIB v Harvey (fine of $2,700 for crossing a domestic boundary). In a further somewhat similar case to the present of RIB v Swann where a Licensed Class B Trainer without a ‘My Vaccine Pass” was suspended for 3 months and fined $1,000. 17. Mr Jensen in his written submissions, said that: • He was training 5 horses, had 2 in pre-training and breaking in. Any suspension would seriously disadvantage him and his owners. • He had no previous breaches of the Rules of Racing, despite a lifetime in racing. • He was in a ‘precarious financial position’ with earnings below the minimum wage level and would have to borrow in order to meet any substantial fine which would cause him substantial hardship if being other than ‘small’. • His neglect in ‘not obtaining a double vaccination pass was a careless mistake’. • Companions and others to whom he has spoken regarded suspension of 3 months and a fine of $1,000 as outrageous. • Any penalty had to be disproportionate to the level of breach. 18. As mentioned, Mr Kirton sought to argue that the only penalty that the Committee could impose was $50 for a Minor Infringement under Rule 926. He contended: a) The RIB Informant has “inflated the charge as to penalty, under the Rule 803(1)”, and incorrectly sought to invoke that provision because the penalty provisions are expressly provided elsewhere – that is in the NZTR Directive and are Minor Infringement penalties. b) Mr Jensen only admitted that he failed “to comply with the Covid 19 Directive, Policy as instruction” and therefore, he argued, he failed to comply with the Directive par. 2.1(f)(s) that he did not allow the “My Vaccine Pass” to be scanned or sighted”. c) Mr Kirton’s argument then inferred to Para 7.1 of the Directive which he says leads to the outcome of a Minor Infringement penalty of $50 only. 19. We do not accept this opportunistic argument. It is flawed and is not upheld. The starting point for penalty is the provision of the NZTR Directive. His offence is failure to adhere to the Directive and the protocols. It says that such a failure may breach the Rules of Racing Rule of Racing Offences or may, not must, be a breach stipulated as a Minor Infringement. The Informant may elect to proceed on either basis. Rule 7.1 states that failure to comply with “CERTAIN components” of the Directive will attract a Minor Infringement penalty”. But this only where: there is a) “Failure to clearly display NZTR identification” or b) Failure to follow a clear instruction of compliance as provided by an RIB Steward or Investigator or Club or NZTR Official. Mr Kirton seeks to invoke a second “failure” by contending that it was the failure to obey the instruction directive or the requests of the Investigator to produce the pass that requires the Minor Infringement regime to be adopted. The Directive that was disobeyed was that of the NZTR – not an instruction as provided by the Investigator. Obviously, there was a request by an Official for a person to produce proof of a person’s double vaccination status. That is impossible where, as here, the person is not double vaccinated. That is his offence. Failure to provide such proof (none existing) was in breach of what the Directive, not the Investigator, says. 20. The purpose of clause 7.1 of the Directive is to provide for some situations, such as a Trainer entering a weigh-in room when instructed not to do so or failing to wear a face covering in certain areas, or entering the Jockeys’ Room when directed not to do so. There would also have been other situations. But the essential foundation of the Directive was to prevent the entering of race meetings by those who were not double vaccinated, and as clause 7.3 makes clear. “A false statement regarding vaccination status to the NZTR, the RIB or a racing club will also be regarded as a Serious Racing Offence”. Nothing could be clearer. What Mr Jensen did when telling falsehoods to the Officials about his status. He entered the course in breach of the Directive. The RIB chose to present the Information as it was entitled to do rather than adopt the Minor Offence system under Rule 926 (which would have been totally inappropriate). It was entitled to regard this action as bearing a “certain component” were outside the 2 “failures” referred to in clause 7.1 to require Minor Infringement procedure. Mr Jensen was properly charged with knowingly failing to comply with the NZTR Directive. He admitted the charge, and attempts by him, or his Lay Representative, to now endeavor to use the Minor Infringement provisions in clause 7.1 is misguided Rule 803(1) of the Rules of Racing. Penalty Reasons 21. The issue is not one of being unvaccinated nor having a nominated pass. But rather the deliberate, dishonesty, and disobedience of the Rules of the profession. A Trainer did not have to be double vaccinated, but he/she was required to obey the Rules of the Code. If they wished to have the privilege of being licensed by the profession and attending race meetings, they had the obligation of complying with the Rules of that profession. 22. In response to questions from the Committee, Mr Jensen acknowledged that he earlier attended other race meetings (he said 2, although it may have been 3) in breach of the Directive of which he was aware. 23. In his written submissions he said not having a second vaccination was a “careless mistake”. It emerged that he had had one vaccination but not the required second one until 25 February 2022, the day after the offence. His reference to having a “card in his wallet” which he said to the Investigator to deflect the enquiries– this was only a card stating that he had a second vaccination appointment for 29 December 2021. Which was apparent when the Committee requested to see the card. But there never was a second vaccination then. We do not accept that his actions going onto the racecourse on 24 February (or earlier on other occasions) was a result of carelessness. He knew that he had only had one vaccination and said he knew what the NZTR Directive was. Those other occasions were not of course the subject of charges, but in a sense may be balancing aggravating factors factor that might offset mitigating matters. 24. Given the statement made by Mr Jensen that others have said to him that any significant suspension or fine was “outrageous”, it might be helpful to him and those who support him, to be aware of some of the other penalty decisions for similar breaches of Covid Directives in the various jurisdictions. Some are set out as follows: a) New Zealand decisions of RIU v Harvey and RIU v Hewitson resulted in fines of $2,400 and $2,700 and related only to unauthorised crossing of temporary boundary restrictions b) RIU v Keegan involved a Trainer entering a racecourse in defiance of the Directive and obtaining and presenting forged documents to avoid apprehension – suspended 4 months and fined $3,000 c) RIU v Swann – attending a racecourse and presenting an altered document (not having a valid pass) in order to mislead the Investigators – suspended 3 months and fined $1000 d) Four Australian cases which resulted in the suspensions of 3 months of Jockeys and Trainers plus fines of $8,750 and$15,000 for two Trainers. e) Two Irish cases where Trainers were fined £3,500 and £4,000 plus a 3 month suspension in one case. 25. These examples may provide some illustration that the New Zealand approach has been relatively modest. 26. Mr Jensen’s offence is not in the same egregious category as that of Ms Keegan which involved forgery. But it was more serious than just crossing unauthorised boundaries. It bears some similarity to that of RIB v Swann where starting points of a 4-month suspension and $1,500 fine were adopted, with the outcome of 3 months suspension and $1,000 fine. In that case there existed an aggravating factor of deleting a date from an electronic record, whereas Mr Jensen’s actions did not go that far. Although they were aimed at misleading the RIB, making false statements, and securing the document the next day that had not previously existed. 27. The ultimate sanction imposed must reflect all the circumstances of the breach, the offender and balance mitigating and aggravating factors, as well as allow room in appropriate cases for any special leniency as compassionate discretions. 28. For Mr Jensen, we adopt a starting point of 12 weeks suspension and a $1,000 fine. From that there will be concessions to reflect mitigating and personal matters to Mr Jensen. Although he has a blameless history of not having been being charged with breaches of the Rules, there were similar deliberate actions over 2 months breaching the Directive. These are measured against the level of discount to be afforded. On the other hand, we recognize that Mr Jensen is a young Trainer and a developing asset to horse racing in the Central Districts. He has served racing well until now in several respects. He has, it is to be hoped, a promising future. His personal family and financial circumstances are recognised and were explored in questions by the Committee, but do not require mention of the details in this decision. Of course, any suspension or fine imposes a punishment and disadvantage to Mr Jensen. But that is often the inevitable result of a person in whatever profession they may practice having to face san ctions for their breach of the Rules of that profession. It is a consequence of their actions. The overall interests of the professional and the need to deter others from breaching the Rules, are significant factors. 29. Balancing all considerations as best we can, the Committee allows significant discounts of 33⅓% from a suspension period of 12 weeks, so as to be 8 weeks. It allows 25% discount from the fine of $1,000, so as to be $750. 30. As Mr Jensen has already served to 2 weeks of suspension prior to the rehearing being granted, the term of the suspension imposed is therefore from 5 pm Monday, 16 May 2022, until 5pm Monday, 27 June 2022. 31. For the assistance of Mr Jensen, we make the following comments. As a class B Trainer, a horse being spelled is not being “trained” (Rule 304(2)). And where a person holds a Trainer’s License, and has been suspended, he may seek to obtain the written consent of the NZTR to “work or assist in connection with the care, control and training of a horse”. Whether such consent was given is the prerogative of the NZTR. Summary 32. Mr Jensen’s Trainer’s License is suspended for 8 weeks (2 already served) from 5pm Monday, 16 May 2022 until 5pm Monday, 27 June 2022. 33. He is fined $750. 34. There is no order for costs Dated 13 May 2022 Signed: Hon JW Gendall QC (Chair)

Well they might have to drop the entry requirements to get a full field! So anything could happen!

Geez don't tell @Thomass that! He'll want that metric recorded in the form guides!

There won't be a safe bottle of rum near Pam!

Geez at $44's I hope you got plenty!

Still doing alright.

Thanks team. Got Platinum Petals at 15's.

NZTR have now ramped up their marketing. A function that was shifted to them from the revamp of TAB NZ. Interesting this campaign focussed on Jumps culminating in the Riccarton Grand National. I'm not sure referring to Tweed, Tartan and Trilbys is targeting the right market. How many people know what a trilby is? https://loveracing.nz/Events/Featured-Events/LOVE-Jumps?utm_source=Google&utm_medium=Display&utm_campaign=LOVEJumps&utm_content=Win&gclid=EAIaIQobChMI8Km5rKHn9wIVlIJLBR0vWwaGEAEYASAAEgLcV_D_BwE

I said Winstons "new" Act - the Racing Industry Act 2020.

But it didn't become a Mega-department until Winston's new Racing Act came into force. The new RIB starting June 2021.

Harness racing legend in pursuit of more group 1 glory Champion pacer Westburn Grant Picture: Paul Courts/Club Menangle By Adam Hamilton 05:22pm • 17 May 2022 0 MORE than 30 years after legendary harness trainer Vic Frost won the Inter Dominion final with Westburn Grant he is chasing more Group 1 glory. And the connection with Westburn Grant runs deeper with Frost’s latest stable star, Scotch En Ice, being a grandson of the three-time Australian Horse of the Year. Scotch En Ice’s 23-year-old dam, Frostiness, is by Westburn Grant and has carried on the family tradition of success with 10 foals to race for an impressive eight winners. “Scotch En Ice could be the best of them yet,” Frost said. “He’s just a perfect racehorse, plenty of talent and very versatile.” Scotch En Ice is one of the major players in Friday night’s $100,000 Group 1 NSW Regional Championship Hunter final at Newcastle. The big prize money was enough to lure the 81-year-old Frost away from his home “paradise” at Sleepy Hollow, halfway between Byron Bay and Tweed Heads, to head to Newcastle. “Who would’ve thought, hey?” Frost laughed. “I’d got used to sending around a few ordinary ones in Brisbane, but this has rejuvenated me again. It’s great.” Frost’s wife, Gail Geeson, said it’s been a thrill watching Frost’s excitement at chasing Group 1 glory again deep in the twilight of his stellar career. Scotch En Ice heads to Newcastle this Friday night in pursuit of the Group 1 NSW Regional Championship Hunter final Picture: Racing Queensland “He’s just so excited. It’s fantastic. He’s got a real spring in his step,” she said. “He’s 81 now, but everybody remarks how young and energetic he seems. He’s a marvel.” Frost is also enjoying the Newcastle experience with friend and stable driver, Matt Elkins. “Matt’s never won a Group 1, so he’s excited about this week, too,” Frost said. “I’m pretty sure he’s never driven outside Queensland before this either. He went to Tamworth to drive one day, but they called the meeting off when they got there.” What makes it even more rewarding is the fact Scotch En Ice is a home bred, like every one of the 10 horses Frost and Geeson have in training. “That’s all we do now, breed, own and race our own,” Frost said. “They’re basically all connected back to Westburn Grant in some way – daughters, sisters, mothers, all the same family.” Westburn Grant, who at the age of 34 died in 2020, is one of the all-time harness racing greats. He was a megastar from day one and finished with 38 wins and 18 placings from his 67 starts. Remarkably, three decades ago, he banked over $2 million in prize money. Along with his Inter Dominion win, Westburn Grant also won two Miracle Miles (1989 and ’90), two WA Pacing Cups (1991 and ’92), two SA Pacing Cups (1990 and ’92) and the 1991 Australian Pacing Championship. · Adam Hamilton is a paid contributor writing on harness racing for News Corp.ness

LOVE Jumps As the temperature drops, our jumps racing stars are just warming up! With nerves of steel and a taste for adrenaline, watch our lionhearts go to battle this winter. Doused in courage, bravery and exhilaration, there’ll be slogging finishes, gallant performances and heroic triumphs. It’s time to celebrate our jumps racing, so dig out your tweed, your tartan and your trilby and get amongst the action track side.