Non Raceday Inquiry – Written Decision dated 20 December 2022 – Lisa Cole

Facts:

Information A10911 alleged a breach of Rule 62.1 (p) of Regulations of Greyhound Racing New Zealand.  Same provides that any person commits an offence if he or she disobeys or fails to comply with the lawful order of a Steward or other person having official duties in relation to Greyhound Racing.

Specifically, the Information notes:

In that you failed to comply with a lawful order of a Steward or other person having official duties in relation to greyhound racing by failing to undertake x-rays on the greyhound MANILA RAW within the timeframe prescribed by the on course veterinarian.

Background:

Mr Wallis, in initiating the hearing, noted that it was not unusual for another person to represent a Respondent. As such, the hearing progressed on this basis.

At the Greyhound race meeting on 14th October 2022 at Palmerston North, during the running of Race 10, MANILA RAW faltered shortly after the start and pulled up on the first bend. The greyhound was referred to the oncourse vet surgeon with Ms Ella Cole being in charge of the Greyhound.

The film of the race was shown, which confirmed MANILA RAW was a long last shortly after the start and pulled up prior to the first bend.

Witnesses: 

Mr Wallis called Dr McDermott who was the Duty Vet at the meeting. She conveyed that after Race 10, MANILA RAW was presented to her by kennel rep Courtney Calder. The dog was carried to the vet room. Upon inspection, the dog’s R hock was at a ‘funny angle’. Ms Ella Cole came into the vet room at this time. Although the greyhound was not displaying much pain when it put weight on the affected leg, she could not rule out that it was not suffering from a fracture. She then splintered the greyhound’s leg. She relayed to Ms Cole that the greyhound must be examined by a vet surgeon within 3 days and had a verbal x ray discussion with Ms Cole about the dog’s leg.

In cross examination, Mr Cole asked Dr McDermott why a request to x ray was not specifically outlined on the vet certificate. She simply confirmed that she had told Ms Cole to have the x ray undertaken.

Mr Wallis called Mr Keith Coppins Stipendiary Steward. Mr Coppins outlined that he was working at the meeting and was positioned at the start of Race 10. He said that it appeared that MANILA RAW appeared to be sore soon after leaving the boxes and pulled up just prior to the bend.

Mr Coppins conveyed that he retrieved the vet certificate and had a discussion with Dr McDermott, who highlighted the dog’s area of concern, advising that they had 3 days to have the dog examined. Mr Coppins photocopied the certificate and provided same to Ms Cole highlighting the areas of concern. At this point he asked that Ms Cole ‘tell Dad’ about the dog. He also had a conversation with Clare Harding, asking that she speak to Brendan and Lisa (Cole) when she returned to the kennels.

On Monday 17th October 2022, Mr Coppins attempted to contact Mr Cole to enquire as to progress in respect of the vet examination. He did not get any response and left a message. He saw Ms Cole on 19^th October 2022, and she advised that they had looked at the dog and it was not a fracture.

Respondents Submission:

Mr Cole did not attend the 14 October 2022 race meeting due to personal reasons.  He conveyed that the vet certificate should have specifically stated that an x ray was required, and 3 days was unfair as vet clinics were closed in the weekend. He felt that the certificate was ambiguous in that although it stated the dog was required to be examined within 3 days, it did not require that an x ray be undertaken. He was particularly concerned that a 90 day stand down period was imposed.

Decision:

The Adjudicative Committee considered evidence and submissions. In determining decision, the Adjudicative Committee referenced the following:

• Dr McDermott provided evidence which was in our view sound and reliable and of value to the Adjudicative Committee. She was clear and concise in her directive to kennel staff. If there was any failing in this process, it related to possible ambiguity around the vet certificate.
• Mr Coppins was also helpful and had very clear recall of what had occurred, providing a concise summary of events – in chronological order. Again, his actions were clear in providing direction to kennel staff.

The Adjudicative Committee was satisfied that Mrs Cole had breached Rule 62.1 (p) in failing to have the greyhound MANILA RAW vetted within 3 days after being directed to do so by a veterinarian, with such direction confirmed by a Stipendiary Steward. The breach is therefore deemed proved.

Submissions for Penalty:

Mr Wallis made reference to the listing of penalties. There remains a dearth of breaches of this type and recommended a fine of $500 was appropriate.

Mr Cole did not offer comment beyond suggesting $500 was high – particularly when Ms Cole’s record is taken into consideration.

Conclusion:

The Adjudicative Committee, after considering all matters pertaining to penalty, determined a fine of $400 was deemed appropriate. There is no order as to costs.