INCA finally finished. Result: ZERO.

[Chief Stipe]

Match fixing charges dropped after too many court delays

www.thepost.co.nz

The Crown said they ensured the horse Sportscaster, partly owned by Wall, won that race and each claimed $4560.

The initial charges against those netted in the police operation included drug offences and match fixing, and additional betting charges were laid in 2020.

Over time most of those charges were dismissed, apart from those laid against Wall, an unnamed man who had name suppression, and a third person.

The betting charges were later withdrawn by the Crown who said it was no longer in the public interest to pursue them.

That left just the match fixing charges against Wall and the second man, but these were eventually dropped in November 2023 by Judge Michael Crosbie citing the five-year delay.

A Court of Appeal decision released in November said the Crown had argued against this ruling and felt, despite the delays, the men still had a chance at a fair trial.

The prosecution had intercepted conversations between the pair and had testimony from a steward, footage of the race and expert evidence, but a previous judge ruled even with this evidence the likelihood of conviction was low.

The decision said Crosbie carefully considered the case before making his ruling and found the delays had been unacceptable.

They started with the additional charges being laid two years after the first, and included “a series of unfortunate institutional errors and resource failures, interspersed with systemic delay”, he said.

The judge also found the Crown’s “delayed decisions” to file, continue, then withdraw the betting charges helped make the process “exceptionally long”.

There were also ongoing challenges to warrants used by police for surveillance devices and the judge noted this would further delay any trial dates that were still to be determined.

Both men had the right to be tried without undue delay under the Bill of Rights Act, and the judge ruled the time it had taken in court “caused undue interference” with this.

The Crown, however, said the judge made an error and argued that continuing with the prosecution would not be an abuse of process.

They submitted that the offending was serious, their case was strong and there would be no prejudice to the defendants.

The Crown argued the judge failed to take into account that the men had colluded to determine the race’s outcome, and said “given the significance of corruption” in the industry, the modest amount they were accused of claiming did not reflect the seriousness of the offending.

The prosecution asserted that match fixing was more serious than the betting charges because it was a deliberate act to change the race’s result.

The Court of Appeal judges disagreed, however, and dismissed the Crown’s application.

“The delay has been very long, is not of the respondents’ making and would be extended by an appeal, the prospects of success for which are limited.

“To allow a prosecution to proceed after so long, on a single charge against each respondent for which the penalty is likely to be modest, is not, in our view, a reasonable response or adequate recognition of their right to be tried without undue delay.”

The Crown has been denied a chance to prosecute two men accused of match fixing after a court found lengthy delays breached the defendants’ right to be tried without undue delay.

Brent Wall and another man were among several people arrested in 2018 as part of Operation Inca, a 17-month police sting looking at corruption in the harness racing industry.

Both men were each charged with obtaining or causing loss by deception after allegedly fixing a race at a Manawatū Harness Racing Club meet on May 22, 2018.

[Brodie]

Keystone cops!

What about the costs to the defendants?

What about the stress and stigma put on the defendants?

Just a very sad time for Harness in NZ and HRNZ Integrity should be hanging their heads in shame for allowing this to occur to the ones paying their salaries, based on nothing!

 

[Gammalite]

2 hours ago, Brodie said:

based on nothing!

well it must of been based on something ? otherwise they wouldn't of had it . 

 

2 hours ago, Brodie said:

What about the stress and stigma put on the defendants?

Name suppressed I believe. I don't know who they are ? Do you ? what damage has been done to them ? Can they not race anymore or something.

 

2 hours ago, Brodie said:

Keystone cops!

The real problem with Match Fixing is It's a Police Criminal charge . and the police are slow to uncover /prove anything as are dealing in an area that requires Specialist knowledge . (i.e How a Race Is Run) 

If handled correctly a matter like this is Clear Cut . 2 (or more ) drivers work in collusion to obtain a winning result in a race , from the Investment Betting On it > 

You could find out in Minutes from Betting agencies what bets are on a race . ????? And you can watch the race Video and decide on the driving tactics in Minutes ????  A race Fix is So damn obvious it should Slap you in the face .

NOT to Be confused with 'Team' driving that happens ALL the Time. (there's no betting on them) 

A Race fix has a large/ some sort of betting outcome.  We have small time race fixes that aren't traced somewhere in Aus every month. Shane Graham (and trainer Vicki Rassmussen ) had a famous one in Brissy 2017 when a disqualified former trainer wanted to put $3000 on a runner. Very easy to trace. Shane (one of our leading trainer drivers got a 2 year stretch. It's as clear as day . Vicki was DQ for a term as a trainer too.  That punter is a MORON doing that to them for personal gain. 

It's that SIMPLE . A race Fix should take about 1/2 hour to prove ? not major 6 year investigations lol. 🤣 

Keystone Cops you say ?? . Seems the case alright .  they  just after extra pay or something ? tell em' to have a bet instead ??😅🤣 (but don't talk to the trainer beforehand via text or anything 😂) unbelievable.

 

[Rangatira]

30 minutes ago, Gammalite said:

The real problem with Match Fixing is It's a Police Criminal charge . and the police are slow to uncover /prove anything as are dealing in an area that requires Specialist knowledge . (i.e How a Race Is Run) 

Police have so little knowledge of the industry and seemingly even less knowledge when it comes to grasping banter.

 

[Trojan]

43 minutes ago, Gammalite said:

well it must of been based on something ? otherwise they wouldn't of had it . 

Ever heard a a wrongful conviction?

They had nothing and stalled and stalled trying to find something.

The only thing they got was the drug convictions which was peripheral.

Hell given all the wire taps and secret surveillance you'd expect they'd had something.  But that's why it got chucked out they had  nothing.

45 minutes ago, Gammalite said:

Name suppressed I believe. I don't know who they are ? Do you ? what damage has been done to them ? Can they not race anymore or something.

Financial damage was huge and only one had name suppression because they could afford to get it.

[Brodie]

Gamma, everyone knew who the socalled defendants were.

It had a hell of an effect on all of them from their mental health to the financial costs plus the stigma that surrounded them.

HRNZ displayed very poor form throughout and get away with it.

 

[Rangatira]

21 minutes ago, Brodie said:

Gamma, everyone knew who the socalled defendants were.

Gamma excused due to living under Uluru?

Edited 12 minutes ago by Rangatira