Appeal – Written Decision dated 14 September 2023 – Owen Gillies
Auckland Trotting Club
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051
Alexandra Park, Auckland
Outcome: Appeal Dismissed
Penalty: The penalty from the Non Raceday Inquiry is upheld - 9 months disqualification (Methamphetamine) and 6 weeks suspension (Cannabis)
1. The Appeal has been heard today at Alexandra Park Raceway.
2. The Appeals Tribunal explained to the parties that it would make its decision known following the completion of submissions and consideration by the Appeals Tribunal Members and that thereafter – within the next week or 10 days what is known as a Reasons Decision would issue.
3. The decision of the Appeals Tribunal is that the Appeal must be dismissed. That in respect of both the disqualification and suspension.
4. The accepted approach to appeals against penalties imposed in the Courts or in Disciplinary Tribunals, is that it must be demonstrated that the penalty imposed was clearly wrong, or to the use the more antiquarian jurisprudence expression, ‘manifestly excessive’. The Tribunal is not persuaded that the Decision of the Adjudicative Committee, which is comprehensive, was clearly wrong. As a result of the Decision of the Adjudicative Committee, Mr Gillies was disqualified for 9 months, but that can be reduced to 7 months if he is able to demonstrate that he has taken appropriate counselling and rehabilitation in relation to drug use.
5. The Reasons Decision will issue as stated above within the next week or 10 days.
6. The issue of costs requires to be addressed. Both parties are requested to file submissions in relation to the position they take on this subject. Those submissions to be lodged with the Executive Officer of the RIB not later than 5pm on Wednesday the 20th of September.
Decision Date: 12/09/2023
Publish Date: 15/09/2023