Selwyn Times: February 26, 2020

SELWYN TIMES Latest Canterbury news at starnews.co.nz
Wednesday February 26 2020 11
News
Judge says trainer’s actions ‘complete stupidity’
Pip Hall QC
• From page 9
McGrath’s defence counsel
Pip Hall QC fought for the transcripts
of the conversation with
the businessman to not be heard
at the JCA hearing.
He argued
the agreement
of the material
being given
to the Racing
Integrity Unit
was an “unlawful
bargain
to stifle prosecution.”
Justice Gendall criticised Mr
Hall saying it was “disingenuous
and opportunistic” considering
the defence had agreed to the
transcripts being handed to the
prosecution under the agreement
the criminal proceedings would
be brought to an end.
Mr Hall argued the transcripts
did not demonstrate a deliberate
plan to assist and favour Sheriff,
who he said was a horse a class
above any other in the field which
was reflected in the TAB odds for
the race.
Said Mr Hall: “The two talked
about scenarios as to how the
race might unfold. But the race
never unfolded in the way discussed.
At no stage was the possibility
discussed that Star Commander
would attempt to obtain
the parked position outside the
leading horse and that Sheriff
BIG BETS: A businessman wagered $27,252 on a horse after
a phone call with trainer Nigel McGrath which was bugged by
police.
PHOTO: GETTY IMAGES
would gain the one/one position,
which demonstrates there was no
predetermined plan.
“Mr McGrath described the
difference in the ability of Star
Commander and Sheriff as ‘night
and day’ and he was in the in
the best position to know as the
trainer of both.”
Justice Gendall said: “Of course
as is common practice, it is very
usual for a trainer to discuss with
an owner how his horse may be
driven and race tactics and chances
before a race. But this does not
permit a driver trainer to advise or
discuss how his other horse in the
race, which he will be driving, will
likely to be driven or its tactics.
“That is especially where the
(businessman) is told, as here ‘don’t
worry about Star Commander’ and
then ‘Star Commander won’t get in
Sheriff’s way.’
“His actions provided significant
benefits to Sheriff and that it may
not have mattered as it was the very
hot favourite and superior horse
in the race, it does not lessen the offence
of Mr McGrath of improper
driving. Those punters who may
have wagered on Star Commander
for a place or in an exotic bet such
as place six were entitled to see it
properly driven.”
During the hearing, RIU
counsel Brian Dickey said:
“Racing around the first bend
Mr McGrath looks behind him
and to his inside towards Sheriff
on two clear occasions. With
400m of the race remaining
Mr McGrath looks once to his
outside and then three times
to his inside, again all in the
direction of Sheriff.
“Star Commander then moves
outwards on the final stages of
the final bend which creates
a vacant gap ahead of Sheriff.
Sheriff, who was trailing Star
Commander did not need to
make use of that run which was
presented, instead switching to a
run on the inside and going on to
win the race.”
Justice Gendall did not accept
the suggestion made by Mr Hall
that it was permissible to look
behind for safety reasons before
crossing another horse.
“The total number of times he
looked behind was 11 times and
the compelling inference we draw
that this was to see Sheriff.
“His action provided significant
benefits to Sheriff, and that
it may not have mattered as it was
the very hot favourite and superior
horse in the race, it does not
lessen the offence of Mr McGrath
of improper driving.”
He said McGrath’s actions were
“complete stupidity.”
Justice Gendall issued a warning
to other harness racing drivers.
“In this industry, participants
that respect the integrity of harness
racing are to be reminded
that stipendary of the RIU have
evidence of improper driving
should bring charges,” he said.
Several senior harness racing
drivers gave written evidence
for McGrath (before he changed
his plea to guilty) saying they
saw nothing wrong with how he
drove Star Commander.
McGrath also had support from
one of the industry’s top administrators,
Harness Racing New
Zealand chairman Ken Spicer.
Mr Spicer sat with McGrath
during the first day of the
hearing, and even approached
The Star, saying: “When’s your
bloody newspaper going to write
something positive about harness
racing.”
Mr Spicer later told The Star
he had no conflict of interest in
terms of supporting McGrath
and carrying out his role as
HRNZ chairman.
“I supported the man as a
friend but not in my official capacity.
I put my friendship above
the role, I’m not going to turn
against a friend,” he said.
Mr Spicer manages a syndicate
of owners for a horse in
McGrath’s stable. He also bred
and originally owned Sheriff. He
still owns the broodmare.
Said Mr Spicer: “I just think we
have to let the JCA and courts run
their course. If anyone has broken
the law or infringed they will certainly
have to pay the price.”
Mr Hall also has racing
connections with McGrath, part
owning a horse in his stable.
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