Riccarton Park – Canterbury JC 23 February 2024 (heard 7 March 2024 at Riccarton) – Danny Crozier

1.  Mr Crozier was charged with a breach of Rule 800, namely using foul and offensive language towards another Trainer at Riccarton Racecourse on 23 February 2024.

2.  Mr Crozier admitted the breach.

3.  The offending behaviour occurred at Riccarton Racecourse when Mr Crozier and another Trainer were waiting for their horses to be unloaded from the transporter. Mr Crozier became frustrated when his horse became agitated on the truck as it was not being unloaded first. Instead, the other Trainer’s three horses were unloaded from a separate bay. Mr Crozier then directed his frustration firstly towards the driver of the horse truck. Mr Crozier said “if you want to run around after these f****** slappers and take their horses off first, let me know and I’ll bring them over myself”, then went on to say that the truck driver should not have anything to do with the other Trainer because they are no good and a terrible person.  Mr Crozier then said to the Trainer “you think you’re s**t hot but you’re just a skank” and then moments later, walked past the Trainer in the stables and said “you’re a real piece of work, you won’t know what hit you”. The comments were made in the presence of the other Trainer’s daughter.

4.  Mr Crozier has one relevant prior breach of the Rules of Racing from 2016. He was further warned for similar conduct in October 2023.

Penalty

5.  Rule 803, which applies to general breaches of the Rules, provides for various sanctions, of disqualification or suspension for up to 12 months, and fines of up to $20,000.

6.  The principles of sentencing relevant to this charge are to punish the offender for wrongdoing, to denounce their conduct, deter others from committing similar offences and allow for rehabilitation of the offender.

7.  In the present case, the Adjudicative Committee had the benefit of written penalty submissions on behalf of the Informant. Mr Crozier, with the support of his wife Rachel Deegan, made oral submissions at the hearing.

8.  The Stewards sought a fine of $500, which reflected the mitigating and aggravating factors present. This submission was based on the cases of Lambert, Neal and Pender, where a fine of $500 was imposed.

9.  Mr Crozier provided background information to the Adjudicative Committee about the nature of the relationship between himself and the other Trainer. Mr Crozier further said the catalyst for his actions was the fact his horse became agitated having to wait on the truck. He said, the horse would not settle and had worked itself up having to stand alone on the truck. He said, but for this happening, he would not have spoken in the manner he did. He acknowledged he should not have spoken like that and should have walked away. Ms Deegan outlined steps they have put in place to ensure this does not occur again.

10.  Ms Deegan sought that the Adjudicative Committee considers a smaller fine than $500.

11.  The Adjudicative Committee agreed that the offending was at a similar level to that of Neal and Lambert, although Mr Crozier’s conduct was arguably longer in duration and involved a number of comments.

12.  The Adjudicative Committee agrees that this matter is appropriately dealt with by way of a fine.

13.  When considering the level of a fine, the Adjudicative Committee does not view it appropriate to impose a fine lower than that in the cases mentioned above. In February 2023, the Code of Conduct came into force, which was after the cases of Pender, Neal and Lambert.  The purpose of the Code of Conduct is to protect the values of Thoroughbred Racing by ensuring that Industry participants enjoy a safe, supportive and respectful environment. This Code of Conduct further highlights the need to deter and denounce this type of conduct, therefore, the Adjudicative Committee does not view it appropriate to consider a fine less than $500.

14.  While Mr Crozier does have one prior relevant breach for similar conduct, this must be balanced against the fact that Mr Crozier has been involved in the Racing Industry for 44 years, was fully cooperative with the Stewards, admitted the breach and had engaged with Mr Andrew McKerrow, the Racing Chaplain. For these reasons, the Adjudicative Committee finds that the appropriate fine is $500.