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Operation Inca: Charges dropped after 17-month investigation into harness racing industry

Operation Inca: Charges dropped after 17-month investigation into harness racing industry

 

By 

Michael Guerin

28 Nov, 2023 01:31 PM4 mins to read

 

Operation Inca was a 17-month investigation following harness racing drivers to race meetings. Photo / Photosport

A significant police investigation into alleged race fixing in the harness racing industry has ended with the final charges being dropped, leaving those accused looking for answers and compensation.

Operation Inca was a 17-month investigation involving phone taps, bugged cars and hotel rooms, and police officers following harness racing drivers to race meetings.

It became public when 11 racing industry participants were arrested in September 2018, most charged with involvement in fixing the outcome of races.

But after Judge Michael Crosbie ruled the last two charges should be stayed, effectively dropped, in the Christchurch District Court on November 10, no race fixing or corruption has been proven.

 

Other similar or related charges were also dropped last year after lengthy delays.

Most of the 11 people charged have interim name suppression and are applying for that to become permanent.

The fizzling-out of the cases is a far cry from the blaze of publicity when arrests were made around Canterbury in September 2018, citing widespread corruption in the harness racing code.

Harness racing, known by many as trotting, is the smaller of the two horse racing codes in New Zealand and mainly run separately from the larger thoroughbred code.

 

Some of harness racing’s most successful horsepeople were among those arrested, while many others were questioned by police - but none have been found guilty of race fixing or any form of corruption involving racing.

There were admissions of recreational drug use after evidence of that was also scooped up in the Operation Inca net but that resulted in guilty pleas and, being of a minor nature, diversion was granted.

Harness Racing New Zealand (HRNZ) bosses are awaiting Judge Crosbie’s written findings, scheduled for February.

“HRNZ is still waiting for official confirmation that Operation Inca has come to an end and that charges have been dropped. We are currently seeking that information and confirmation,” says HRNZ chief operating officer Mauro Barsi.

“This has been a challenging time for the industry and once we know more, we may well look to see how these events unfolded and what next steps are needed to support our participants and our integrity.”

A Christchurch lawyer who acted for three of those charged, James Rapley KC, says while the cases are now over, the damage to his clients and the others charged remains.

“There were accusations of corruption and race fixing and the arrests were very public, but after five years it has come to nothing,” Rapley told the Herald.

“This investigation and the hearings have caused divorce, depression and have had real human consequences.”

One of the accused has spent over $400,000 on legal bills and Rapley says his clients will be seeking costs but he says a “woefully outdated act dating back to 1967″ makes it near impossible for defendants cleared of any wrongdoing to get adequate compensation.

After the initial shock at the arrests, many in the industry learned to live with it as the court proceedings dragged on, but now they are over, questions will be asked as to how the investigation got so big when, in one example of alleged match fixing, the race in question involved a bet of a mere $200 by one of the winning horse’s owners for a $280 profit.

 

Horse race or match fixing is an unusual charge in New Zealand because the prosecution must prove that an act was done with intent to influence a betting outcome by manipulating the race result, and in doing so, the accused obtained an advantage or caused loss to another.

To that end, the racing industry’s own investigators, the Racing Integrity Unit (which now operates as the Racing Integrity Board or RIB) was called in by police for expert help.

With the police cases now dropped, the Herald understands the RIB will not seek to launch any new investigation or issue any charges under the Rules of Racing.

By 

Michael Guerin

28 Nov, 2023 01:31 PM4 mins to read

[Chief Stipe]

And the key players are still running the show at the RIB!

[Nowornever]

Seems I was bang on with this comment from 5 years ago. As well as dragging the sport into disrepute these bastards have tarnished the reputations of quite a few people along the way.

[Gammalite]

1 hour ago, Chief Stipe said:

And the key players are still running the show at the RIB!

Should they be replaced because they failed to get a conviction ?? is that what you mean?

You need investigations mate. believe me. I've seen that many dubious activities in both countries that i could write a book. but you need evidence.

In Australia they gave em a hell of a fright arresting leading horsepeople, just as INCA did in Nz . some got off... some didn't . Amanda Turnbull let off without evidence but Pitt and Jack guilty and convicted. Queensland had leading driver Shane Graham do 2 years. thankfully they let the junior driver associate driver off . Mark Pitt and N Jack win huge races in Victoria these days too. 

BTW Shane might win the Interdominion with TURN IT UP (owned by Marky Boy but leased to Nat's sister Vicki all going well) . Think Vicki was let off the race fixing too, but can't remember.

Hey INCA Did a great job !!!! you guys don't recognise it but it STOPPED the ROT. no one game enough to try any of that shit on these days ?? good on em I say 😉😊 game has never been cleaner !!!🏆🍾

[Nowornever]

56 minutes ago, Gammalite said:

Hey INCA Did a great job !!!! you guys don't recognise it but it STOPPED the ROT. no one game enough to try any of that shit on these days ?? good on em I say 😉😊 game has never been cleaner !!!🏆🍾

You will not get a lot of participants saying good job to a failed investigation that cost the industry 10s of millions of dollars all for nothing. The only good thing that came of it was to expose the RIU's hopeless shortcomings as an investigative unit.

[Chief Stipe]

1 hour ago, Gammalite said:

Should they be replaced because they failed to get a conviction ?? is that what you mean?

Yes.  But more than that.  I know a heap about this "investigation" and it was led by one ex-cop.  He needs to go.  If anyone is bringing racing into disrepute it is him.

[Chief Stipe]

1 hour ago, Gammalite said:

In Australia they gave em a hell of a fright arresting leading horsepeople, just as INCA did in Nz . some got off... some didn't

What?  The only caught recreational drug users in NZ.  NOTHING to do with racing!  The RIB had limitless industry money and those they targeted had SFA.  The outcome millions of dollars down the drain and some good people's lives fucked.

I hope there is some court cases seeking recompense.  Hell I might even start a BOAY "Give-a-little" page.

[Gammalite]

1 hour ago, Nowornever said:

You will not get a lot of participants saying good job to a failed investigation that cost the industry 10s of millions of dollars all for nothing. The only good thing that came of it was to expose the RIU's hopeless shortcomings as an investigative unit.

Yeah... sure as hell.. wouldn't of gone down well if they took down some of the best players in NZ harness racing history either . That would of STAINed the Harness Game in NZ forever and perhaps even been the Death knell for it.  THANK the Lord they failed . 👍

Australia investigations were a bit more thorough and several players,  have been outed for considerable periods for race fixing. The gathering and presentation of evidence (phone records mainly) was so much better done than by INCA. plenty of match fixing culprits did some time.

That Is quite good that NO TEAM Driving nor Match Fixing (as it is called now by Police) as ever happened there in NZ ? funny enough it's all i read here 4 years ago was accusations of that occuring lol 🤣😆 so all sweet and innocent afterall ? how good is that ? fantastic ... a great result ultimately 

[Gammalite]

1 hour ago, Chief Stipe said:

I hope there is some court cases seeking recompense.  Hell I might even start a BOAY "Give-a-little" page.

hahaha.... who to Chief ? the names were suppressed ? do you think we should donate the legal fees for someone we don't know ? hahaha how tarnished are they ? did they lose their livelihood like McGrath ? think he was caught accidently during the investigation wasn't he ? 

[Brodie]

A Black Time for harness racing is this so called “operation Inca”.

If this is the best that our police and harness officialdom can do, then we are totally stuffed!

All these charges for race fixing etc going on for 5 years or so and then charges dropped?

The eff wits that brought the charges need to be publicly exposed, lose their jobs abd severely fined for total incompetence.

Harness participants have had their lives put in turmoil, financially crippling and other psychological problems!

Time HRNZ stepped up snd hopefully come out snd do something for these people with a major apology and financial recompense!

Racing Integrity, my arse!

 

 

[Chief Stipe]

11 hours ago, Gammalite said:

hahaha.... who to Chief ? the names were suppressed ? do you think we should donate the legal fees for someone we don't know ? hahaha how tarnished are they ? did they lose their livelihood like McGrath ? think he was caught accidently during the investigation wasn't he ? 

Five years of legal expenses and legal scrapping would tarnish me.  Bear in mind they had to use their own .only to fight not someone else's as the RIB did.  

[Chief Stipe]

1 hour ago, Brodie said:

Time HRNZ stepped up snd hopefully come out snd do something for these people with a major apology and financial recompense!

Not up to HRNZ to compensate - that task falls full and square on the RIB and its employees.  

[Michael]

17 hours ago, Gammalite said:

 

Hey INCA Did a great job !!!! you guys don't recognise it but it STOPPED the ROT. no one game enough to try any of that shit on these days ?? good on em I say 😉😊 game has never been cleaner !!!🏆🍾

Just when I was starting to think you weren't a lunatic you come out with this

I shouldn't start thinking

Edited November 28, 2023 by Michael

[Chief Stipe]

17 hours ago, Gammalite said:

Hey INCA Did a great job !!!! you guys don't recognise it but it STOPPED the ROT. no one game enough to try any of that shit on these days ?? good on em I say 😉😊 game has never been cleaner !!!🏆🍾

But INCA didn't FIND any rot!!

[The Centaur]

In my view the Guerin article is extremely biased and not worthy of a journalist writing on judicial matters.

Any arrests require good cause so at the minimum there had to be some wrong doing. Guerin is trying to show the defendants were angels.

This will turn more people away from harness racing as punters will assume anything goes without consequence.

[Gammalite]

1 hour ago, Chief Stipe said:

But INCA didn't FIND any rot!!

Probably a good thing that nothing was proven . The Centaur just mentioned he thought the 'No consequence' thing might turn people away from harness racing.

I think the opposite almost as the trots are already referred to as the 'Red Hots' for many years and if suddenly a whole heap of the Major players were exposed and penalised for systematic Cheating then the Product would be Definitely 'On the Nose' of all and sundry and proven to be a dis-honest sport right at the top level. and shunned by All people there-after.

Galloping blokes I know 'Shun it' badly already , and you only have to look at what even enthusiasts say (like the Galah talking about Emma Stewart or Telfer for example) to see the Game already has a Poor reputation for 'dubious' going-on's. 

Heaps of Disqualifications would cement the Poor reputation. INCA by dropping the charges has saved the face (But was also an amazing deterrent to the current players to play fair ) 

[Chief Stipe]

29 minutes ago, The Centaur said:

Any arrests require good cause so at the minimum there had to be some wrong doing. Guerin is trying to show the defendants were angels.

The arrests were based on what the RIB(RIU) told them was fraud.  That's where the whole INCA case falls over.  The RIB ex-police employee connection didn't help and I seriously doubt the police will be so quick to get roped in for the next "raid".  I've talked to a RIB employee who was involved in the raids and it was Hollywood stuff.  Flack jackets, walkie-talkies etc.  The RIB employees were fully kitted out in Police equipment.  It was a complete farce from beginning to end.

So you are assuming that there was due cause for arrest but that was based on what the RIB was telling them had happened.  It's am embarrassment for the Police, the RIB and harness racing in general.

[Chief Stipe]

16 minutes ago, Gammalite said:

Heaps of Disqualifications would cement the Poor reputation. INCA by dropping the charges has saved the face (But was also an amazing deterrent to the current players to play fair ) 

Disqualifications for what?  INCA haven't saved face - the Judge said there was no case to answer!!!  What deterrent?  Was a deterrent needed?  Where is the evidence of any wrong doing?

[Gammalite]

49 minutes ago, Chief Stipe said:

Disqualifications for what?  INCA haven't saved face - the Judge said there was no case to answer!!!  What deterrent?  Was a deterrent needed?  Where is the evidence of any wrong doing?

weren't the un-named suppressed persons charged with something Chief ? arrested and that ?

A police matter is 'match fixing' these days. a very serious charge. If found guilty there's risk of long penalties like Pitt, Jack and Shane Graham did in recent years. disqualification  and even fraud charges could be laid I imagine .

the deterrent is obvious .... If you're being looked at by an investigating body , you best not break the rules. Stewards do stable raids and all sorts of things every week . Swabs are taken all the time . e.g RBT 's are a deterrent. they help deter people from drink driving.. yes ? the risk of getting caught is high so people are 'deterred from breaking the rules/limits.

Swabbing horses , RBT's, Inca.  even Security blokes sitting around the edge of a big footy game. ALL are DETERRENTS for those that might do something 'Stupid/illegal/   if they weren't there.  none of them really want to catch anyone out . Isn't that obvious ?? what a deterrent is ??  

the blokes in Australia were convicted by phone records and betting records. just the usual . If INCA had none of those sort of things their case (s) were hopeless. as they are solid irrefutable Evidence . 

 

[Chief Stipe]

1 hour ago, Gammalite said:

weren't the un-named suppressed persons charged with something Chief ? arrested and that ?

Yes based on advice from the RIB staff.

1 hour ago, Gammalite said:

A police matter is 'match fixing' these days. a very serious charge. If found guilty there's risk of long penalties like Pitt, Jack and Shane Graham did in recent years. disqualification  and even fraud charges could be laid I imagine .

Perhaps - we are not sure what the charges are.  However, a considerable amount of information has been posted on social media to get a hint of what those charges were.  That said the Police are not experts in racing and would rely on what they were told from the RIB I imagine.  Some of that "expert" knowledge was suspect to say the least.  As always in these things one could "follow the money" and in that regard there is no evidence that any significant monetary gain was made from any alleged fraud.  The whole INCA thing has been a farce!

1 hour ago, Gammalite said:

the deterrent is obvious .... If you're being looked at by an investigating body , you best not break the rules. Stewards do stable raids and all sorts of things every week . Swabs are taken all the time . e.g RBT 's are a deterrent. they help deter people from drink driving.. yes ? the risk of getting caught is high so people are 'deterred from breaking the rules/limits.

So?  They did a raid and got nothing to convict other than mainly recreational drug use!

1 hour ago, Gammalite said:

the blokes in Australia were convicted by phone records and betting records. just the usual . If INCA had none of those sort of things their case (s) were hopeless. as they are solid irrefutable Evidence . 

INCA had all that evidence from phone tapping etc and had nothing to nail a conviction.  So what rot was there?  Arguably NONE!

[the galah]

 

After all this time you would think people would have realised that those involved should be doing a lot of self reflection. For example ,isn't it obvious that those who got caught up in the saga would have and should have asked themselves simple questions like,if i was honest with myself,did any of my actions contribute to what i have been through.

It applies to the RIU as well . The only thing about them is i see it differently from many who have posted on this topic. I think they should be asking themselves,why did we not take action when they  saw  questionable driving. Had they dealt with drives like the forbury drive on the anderson trained horse,then they would have sent a message to all drivers and there would never have been a need for a operation inca. 

But you can't go back in time. Theres no doubt that consequences have been greater than seemed fair for many.

But all those that have posted whose focus has been to put the boot into the RIU,in there own little way have still shown that they have learnt very little from the whole inca thing.

On a positive,I agree with gammalite when he said that the drivers who participate in harness racing in nz at the moment are as honest as they have ever been.All drivers,the riu and even operation inca have contributed to that. Long may it continue.

Edited November 29, 2023 by the galah

[Chief Stipe]

1 hour ago, the galah said:

After all this time you would think people would have realised that those involved should be doing a lot of self reflection. For example ,isn't it obvious that those who got caught up in the saga would have and should have asked themselves simple questions like,if i was honest with myself,did any of my actions contribute to what i have been through.

Why would they need to or even consider any self reflection when they haven't done anything!!!

1 hour ago, the galah said:

But all those that have posted whose focus has been to put the boot into the RIU,in there own little way have still shown that they have learnt very little from the whole inca thing.

Why not?  They had a bottomless pot of money being funded by industry money.  Of course the boot should go in and heads should roll.  If as you often infer there was illegal activity then you should also put the boot in because they failed to get a conviction!!!!

1 hour ago, the galah said:

On a positive,I agree with gammalite when he said that the drivers who participate in harness racing in nz at the moment are as honest as they have ever been.All drivers,the riu and even operation inca have contributed to that. Long may it continue.

How do you measure that?  What is your baseline?  Surely they could have achieved the result you say they have achieved without wasting $15m plus and making the lives of innocent people hell.

[the galah]

2 hours ago, Chief Stipe said:

Why would they need to or even consider any self reflection when they haven't done anything!!!

Why not?  They had a bottomless pot of money being funded by industry money.  Of course the boot should go in and heads should roll.  If as you often infer there was illegal activity then you should also put the boot in because they failed to get a conviction!!!!

How do you measure that?  What is your baseline?  Surely they could have achieved the result you say they have achieved without wasting $15m plus and making the lives of innocent people hell.

like i have said,you have the same views now on things as you did just prior to operation inca becoming public knowledge.

You never saw it coming,because you never thought there was anything to see.

When it did happen,it all became the riu's fault,and still is there fault according to you and many others..

Well thats your opinion.

But like i have said before.

Not long after operation inca started,they had a race meeting at nelson. The police were there gathering evidence to see whether there was anything to this race fixing thing. And what happens ,matt anderson drives what most watching believe to be a totally dishonest race,braggs about it to undervocer police.They look at the video and say, hes saying he did something and there it is on the video.

And then the police say,hang on a minute,there is something to some of these alleagtions after all.

Now you lay the blame for that at the feet of the RIU.Well i have always said,your blaming the wrong people and you and many others still are.

Edited November 29, 2023 by the galah

[Nowornever]

5 hours ago, the galah said:

Had they dealt with drives like the forbury drive on the anderson trained horse,then they would have sent a message to all drivers and there would never have been a need for a operation inca. 

And round and round the merry go round we go.  They still not dealing with it! There will be another operation inca and you will still be saying the same thing next time around.

[Chief Stipe]

9 hours ago, the galah said:

You never saw it coming,because you never thought there was anything to see.

In five years of court wrangling and investigation there still wasn't anything to see.

9 hours ago, the galah said:

Not long after operation inca started,they had a race meeting at nelson. The police were there gathering evidence to see whether there was anything to this race fixing thing. And what happens ,matt anderson drives what most watching believe to be a totally dishonest race,braggs about it to undervocer police.They look at the video and say, hes saying he did something and there it is on the video.

And then the police say,hang on a minute,there is something to some of these alleagtions after all.

You've seen the video?

As I said 5 years $15m+ all the sophisticated surveillance equipment they could get their hands on and they produce zip nada zilch zero. 

Why?  Because there wasn't anything.  Do you really think that these suspected individuals are so smart they could evade all that and to gain what?  A few thousand dollars?