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MITCHELL KERR PART TWO...


Davis

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Young trainer Mitchell Kerr 'oversold shares in harness horses'

Martin Van Beynen

 

A promising harness racing trainer is in deep financial trouble as he fights allegations of over-syndicating horses and charging for non-existent insurance policies.

The Racing Integrity Unit (RIU) is investigating the actions of Mitchell Kerr who until recently owned and operated stables in Rangiora, north of Christchurch.

The RIU has declined to comment but Stuff understands it has uncovered several areas of concern that could end up in a police hands.

Police are aware of the allegations but are waiting for the RIU to finish its investigation before deciding whether to launch their own inquiry.

 

The concerns relate to Kerr over-selling shares in horses he bought to train and race.

 

The process of a trainer putting together a syndicate to own a horse and pay its expenses is not unusual.

But Kerr, according to allegations made to the RIU, sometimes sold shares in horses equal to almost twice their value. This is called over-syndicating.

Syndicate owners have therefore found that instead of owning 20 per cent of a horse they actually own only 10 per cent.

Stuff understands some owners have absorbed the loss and left their horses with Kerr so he can pay his debts by training.

The RIU is also investigating owners being charged insurance premiums for non-existent insurance policies over horses, and a situation where Kerr allegedly sold a non-existent horse to an Australian buyer and charged for its training expenses.

When the owner started to get suspicious, Kerr desperately sought to buy a horse similar to the one he sold.

The RIU is also looking at a large debt Kerr owes to an Australian betting agency. Kerr has previously had problems with a gambling addiction.

Kerr – who already has 87 wins to his credit and has won nearly $900,000 in stake money in his three-year training career – handed in his training licence to Harness Racing New Zealand earlier this month.

His father Paul, a veteran licensed trainer based in Ohoka, North Canterbury, is now employing Mitchell.

He has previously said the allegations against his son were only rumours and hung up when called on Monday.

Trainer Paul Kerr celebrates with his son, Mitchell, after Pay Me Christian wins the NRM Sire's Stakes Series final at Addington in 2005.

Neither father nor son responded to text messages from Stuff.

Kerr has worked for his father, and for trainers Robert Dunn, at Woodend Beach, and Gareth Dixon in Auckland.

He went out on his own in 2017 after securing 10 boxes and a barn at Rangiora Raceway and developed the outside yards and paddocks.

RIU general manager Mike Godber confirmed the investigation was continuing but had no further comment.

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While it appears he has betrayed the trust of some of his clients,like an unhappy marriage, it is better for everyone concerned that things have come to a crisis point where he has to deal with the consequences of his actions.

He can now start the process of recovery and repaying those he has offended against,and deal with the relevant enforcement authorities.He must have been under huge pressure knowing he was deceiving clients,so it was in his own best interests for the truth to be exposed.

In reality he is also a victim,albeit self made.

One would expect him to be totally honest about everything as he moves onto the dealing with the consequences phase. 

I think he will find he will have the support of many from an industry perspective, with of course his family being the backbone of his main support..

I don't think we should be too harsh on the how we view Mr kerr.

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15 minutes ago, the galah said:

While it appears he has betrayed the trust of some of his clients,like an unhappy marriage, it is better for everyone concerned that things have come to a crisis point where he has to deal with the consequences of his actions.

He can now start the process of recovery and repaying those he has offended against,and deal with the relevant enforcement authorities.He must have been under huge pressure knowing he was deceiving clients,so it was in his own best interests for the truth to be exposed.

In reality he is also a victim,albeit self made.

One would expect him to be totally honest about everything as he moves onto the dealing with the consequences phase. 

I think he will find he will have the support of many from an industry perspective, with of course his family being the backbone of his main support..

I don't think we should be too harsh on the how we view Mr kerr.

I agree. While not excusing his alleged crimes here it does appear that young Kerr needs help. Gambling addiction most certainly. He is young enough and talented enough to bounce back from this if beats his addictions and commits to an honest life henceforward. If allegations are true there will be some form of suspension for Kerr, criminal charges possibly jail? The young fellow has made a huge mistake, exacerbated by gambling problems, he can atone for this if he wishes and be back successfully training in five to 10 years if there's still an industry then?

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30 minutes ago, Davis said:

I agree. While not excusing his alleged crimes here it does appear that young Kerr needs help. Gambling addiction most certainly. He is young enough and talented enough to bounce back from this if beats his addictions and commits to an honest life henceforward. If allegations are true there will be some form of suspension for Kerr, criminal charges possibly jail? The young fellow has made a huge mistake, exacerbated by gambling problems, he can atone for this if he wishes and be back successfully training in five to 10 years if there's still an industry then?

I think talking about court appearances is jumping the gun.His offending not the type of thing to be considered deserving of jail time, if it ever did go to court.

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25 minutes ago, the galah said:

 

I think talking about court appearances is jumping the gun.His offending not the type of thing to be considered deserving of jail time, if it ever did go to court.

Sorry no offence mate, I was just thinking out loud. Clearly, he needs help, counselling etc. Where would be the best place for him to get this?

I also must say that I though von Beynon's article was written with more balance and fairness than his latest pieces. This writer can be impartial if he wants to be, then his writing is great just the facts with no malice like this story. Perhaps von beyond has a heart after all...

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8 hours ago, the galah said:

 

I think talking about court appearances is jumping the gun.His offending not the type of thing to be considered deserving of jail time, if it ever did go to court.

His offending is very similar to the crime "Theft as a servant" He was the worker (servant) to those that owned the horses and paid the bills. This type of offence nealy always gets jail time.

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8 minutes ago, Harewood said:

His offending is very similar to the crime "Theft as a servant" He was the worker (servant) to those that owned the horses and paid the bills. This type of offence nealy always gets jail time.

No I think it is more akin to falsifying a document for a pecuniary advantage.  It appears he has reached agreement with some in terms of restitution.  Jailing him wouldn't allow him to do that.  As a first offence, honest attempts to fix the damage and actively in a rehab programme will also help.

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10 minutes ago, Chief Stipe said:

No I think it is more akin to falsifying a document for a pecuniary advantage.  It appears he has reached agreement with some in terms of restitution.  Jailing him wouldn't allow him to do that.  As a first offence, honest attempts to fix the damage and actively in a rehab programme will also help.

He's done some very serious crimes there.police investigating in nz look out if new north korea police(maggots)(formerly Australia)get involved.hes done international fraud for one.very dumb and dishonest behavior.

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16 minutes ago, Chief Stipe said:

No I think it is more akin to falsifying a document for a pecuniary advantage.  It appears he has reached agreement with some in terms of restitution.  Jailing him wouldn't allow him to do that.  As a first offence, honest attempts to fix the damage and actively in a rehab programme will also help.

It is now known as Theft by a person in a special relationship. and definately covers what he did.

220Theft by person in special relationship

(1)

This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—

(a)

to account to any other person for the property, or for any proceeds arising from the property; or

(b)

to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.

(2)

Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.

 

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7 hours ago, Davis said:

I agree but I don't think that will happen so balance is better than unbalanced. 

Not much positives with a incompendent steward gang a riu which is a shambles NZ tab refusing to take bets limiting how much can be bet.lose of pick6 to the dogs on sunday.the fucking rating system.mass exit of horses overseas.closing or not racing enough at great tracks like forbury.alot if very bad drivers who should not be out there.not many positives alot of negatives

 

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1 minute ago, Harewood said:

It is now known as Theft by a person in a special relationship. and definately covers what he did.

220Theft by person in special relationship

(1)

This section applies to any person who has received or is in possession of, or has control over, any property on terms or in circumstances that the person knows require the person—

(a)

to account to any other person for the property, or for any proceeds arising from the property; or

(b)

to deal with the property, or any proceeds arising from the property, in accordance with the requirements of any other person.

(2)

Every one to whom subsection (1) applies commits theft who intentionally fails to account to the other person as so required or intentionally deals with the property, or any proceeds of the property, otherwise than in accordance with those requirements.

 

You may well be right Harewood but I assume you are as much a lawyer as I am.  Subsequently please be careful what you assert.  

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11 minutes ago, hunterthepunter said:

NO . Breckon stakes Auckland 2017

off night for dizzy

DIZZY MISS LIZZY - improved forward three wide to lead near the 1200 metres, weakened on the final turn to finish in 6th place beaten 20 lengths. Driver B. Orange could offer no explanation other than to advise he had been disappointed with her efforts. Trainer N. McGrath advised it was his intention to have blood tests taken in the coming days and undertook to advise Stewards of the results. A subsequent veterinary examination revealed no apparent abnormality.

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I saw this early this morning and wondered when someone would post the link and great Davis the eagle eye link sharer found it and posted. 

The 1 thing that kind of amazed was the detail. Its so close to the exact detail that I was told. This to a degree amazed me due to Chinese Whispers and gossip can sometimes get out of control. 

I do recall however saying to a couple of people about this when I heard the rumours it is something that I actually believe unfortunately and I think its sad, sad for everyone involved. 

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7 minutes ago, Rangatira said:

off night for dizzy

DIZZY MISS LIZZY - improved forward three wide to lead near the 1200 metres, weakened on the final turn to finish in 6th place beaten 20 lengths. Driver B. Orange could offer no explanation other than to advise he had been disappointed with her efforts. Trainer N. McGrath advised it was his intention to have blood tests taken in the coming days and undertook to advise Stewards of the results. A subsequent veterinary examination revealed no apparent abnormality.

The blood tests were negative.

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3 hours ago, Harewood said:

His offending is very similar to the crime "Theft as a servant" He was the worker (servant) to those that owned the horses and paid the bills. This type of offence nealy always gets jail time.

Not talking about kerr here, but don't think you can say "nearly always gets jail time" for anyone  charged with that offence.  Doesn't it depend on the scale of the offending,previous history,remorse,who the judge is,etc? Talking about Jail time seems a bit unrealistic to me. 

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