Non Raceday Inquiry – Written Decision dated 27 February 2023 – Munna Alam

1. Mr Alam has held a Class “A” Jockey’s Licence since 1 August 2021. He has ridden on 41 occasions since being Licensed.

2. He was charged with a breach of Rule 707(1) of the NZTR Rules of Racing with a representative charge that between 1 August 2022 and 30 December 2022 while a Licensed Class A Rider did place a total of 132 bets on NZTR governed race meetings, via his New Zealand TAB Account.

3.  Mr Alam has admitted the charge.  This Adjudicative Committee met with him and the Informant and has received submissions as to penalty.

4.  Rule 707(1) provides that a Licensed Class A or B Rider:

“must not bet or have any interest in a bet, or facilitate a bet, on any Race ……. that is governed by the [NZTR Rules].

5.  It does not matter that a Jockey is not riding in the race on which he places a bet.  The prohibition is absolute.

Facts

6.  The essential facts are that, on 30 December 2022, RIB investigations disclosed that Mr Alam had placed a bet, on his TAB Account, of $690 to win on a horse to race at Taupo, and which horse he rode.  It was his only mount at the meeting.  Alas for him, it ran 7th.

7.  As a result of this information further enquiries were made.  These disclosed that since 1 August 2022, the beginning of the 2022/2023 racing season, Mr Alam had placed 132 bets on Thoroughbred races for a total outlay of $9,787 and secured returns of $5,297.

Submissions as to Penalty

8.  Mr Carr referred the Adjudicative Committee to the relevant general penalty provisions in Rule 803(1) which provides for sanctions to disqualification for 12 months, suspension for 12 months, a fine not exceeding $20,000.

9.  He referred to other cases of Riders offending against this Rule, including RIU v Johnson (January 2019) – a fine of $1,750; RIU v Harris (July 2016) – a fine of $850 (because the offending was unrelated to a raceday) and RIU v Teeluck (April 2016) – 15 bets on TAB on one Jockey’s Challenge – a fine of $2,000.

10.  Mr Carr said Mr Alam “appears generally remorseful”, came to New Zealand unaware of the prohibition, and he only bet on one occasion on a race in which he was riding, and no “sinister” connotations surrounded the breach.  Since being interviewed on 30 December 2022, Mr Alam has closed his TAB Account.  The RIB sought a penalty of a fine of not less than $2,0000.

Mr Alam’s Submissions

11.  Mr Alam expressed remorse.  He said he was unaware of the prohibition although he said he knew it was not permitted in India where he had been a Jockey.  He has no pressing family or financial commitments.

Penalty

12.  It is vital that the public, which includes punters and all who participate in Thoroughbred Racing, have absolute confidence in the integrity and transparency of the sport.  That is why betting by Licensed Riders – who even if not riding in an event, will have access to the Jockey’s Room and to colleagues – is forbidden.  The risk of improper behaviour by any participant must be removed.  The public cannot have confidence in any sport/competition if it was known that some participants in that sport might, from time to time, bet on one or other of the multiple options available, whether or not the athlete/Licensee was participating, because the public would never know what the position was.

13.  Mr Alam’s TAB betting records disclosed that he had, apart from the many forbidden bets, also wagered extensively on Greyhound events as well as races outside New Zealand and it is to his credit that he no longer operates a TAB Account.  His immediate admission to, and cooperation with, the RIB Investigator, is a mitigating factor.  He is aged 35 and, because he came to New Zealand as an already Licensed Class A Rider, he did not have to follow the usual requirement of attending Apprentice School where he would have been told that betting by Riders is forbidden.  Ignorance of the Rule is not an excuse.  But his pathway into New Zealand Racing may help to explain any ignorance and why he acted as he did.

(14)  Mr Alam does not have any special personal circumstances which are relevant to his penalty.

(15)  The Adjudicative Committee accepts the submissions of the Investigator, Mr Carr that a stern fine is an appropriate sanction.  Mr Alam is fined $2,000.  There is no order as to costs.