16 September 2014
Stewards: K Wolsey, P Zimmermann
Racing Queensland (RQ) Stewards today finalized an inquiry in relation to eight (8) charges which were issued against licensed harness trainer Mr Justin Abbott under the Australian Harness Racing Rules which arose from an inquiry opened into the overall performance of FOLDEM subsequent to its winning performance in Race 6 at Albion Park on Monday, 17 March 2014.
On 23 June 2014 Mr Abbott was issued with the following charges and particulars:
Charge 1 is under Rule 44(1) which reads:
A driver or 1 or more of the connections of a horse intending to adopt during a race tactics contrary to the horse’s usual racing pattern shall, as soon as practicable, so notify the Stewards.
The specifics of the charge being that Mr Justin Abbott, as the trainer of FOLDEM when it raced in Race 6 at Albion Park on Monday, 17 March 2014, failed to notify Stewards of his intention to adopt tactics contrary to its usual racing pattern in that FOLDEM showed gate speed and was driven forward from barrier 6 on the front row and led which was in contrast to the manner in which the horse was driven on Monday, 10 March 2014 from barrier 1 on the front row and was positioned three back on the marker pegs.
Charge 2 is under Rule 273(5) which reads:
A person shall not without the approval of the Stewards change the registered gear of a horse.
The specifics of the charge being that Mr Justin Abbott, as the trainer of FOLDEM when it raced in Race 6 at Albion Park on Monday, 10 March 2014, changed the registered gear of that horse without the approval of the Stewards, namely by presenting the horse to race in an open bridle when its registered gear indicated the horse should race in blinkers (block).
Charge 3 is also under Rule 273(5), the specifics being that Mr Justin Abbott, as the trainer of FOLDEM when it raced in Race 6 at Albion Park on Monday, 17 March 2014, changed the registered gear of that horse without the approval of the Stewards, namely by presenting the horse to race in blinkers (hood) when its registered gear indicated the horse should race in blinkers (block).
Charge 4 is under Rule 235A(1) which reads:
A trainer must not lay any horse that is either under his care, control or supervision or has been in the preceding 21 days.
The specifics of the charge being that Mr Justin Abbott, as the trainer of OHOKA BOSTON when it raced in Race 1 at Redcliffe on Wednesday, 19 February 2014, did lay that horse via his Betfair account when it had been under his care, control and supervision, and as a result of the horse not placing, received $235.00.
Charge 5 is also under Rule 235A(1), the specifics being that Mr Justin Abbott, as the trainer of ALTA MARIO when it raced in Race 4 at Albion Park on Monday, 10 March 2014, did lay that horse via his Betfair account when it had been under his care, control and supervision, and as a result of the horse not placing, received $97.55.
Charge 6 is also under Rule 235A(1), the specifics being that Mr Justin Abbott, as the trainer of FOLDEM when it raced in Race 6 at Albion Park on Monday, 10 March 2014, did lay that horse via his Betfair account when it had been under his care, control and supervision, and as a result of the horse not winning, received $811.00.
Charge 7 is under Rule 243 which reads:
A person employed, engaged or participating in the harness racing industry shall not behave in a way which is prejudicial or detrimental to the industry.
The specifics of the charge being, that Mr Justin Abbott, as the trainer of FOLDEM, engaged in the following behaviour in respect of that horse between 9 March 2014 and 18 March 2014:
- Mr Abbott presented FOLDEM to race in Race 6 at Albion Park on Monday, 10 March 2014 in gear which had not been approved by Stewards, namely an open bridle. FOLDEM was the odds-on favourite at $1.80 on Tattsbet. The horse performed below expectation based on its Victorian form, placing sixth.
- Mr Abbott layed FOLDEM that day and received $811.00 as a result of the horse not winning.
- Following this, FOLDEM raced in Race 6 at Albion Park on Monday, 17 March 2014. Mr Abbott failed to notify Stewards of a change in driving tactics and further failed to seek approval to change the registered gear of the horse, namely that it was presented in blinkers (hood). FOLDEM’s performance was improved on this occasion and it won the race paying $2.40 on Tattsbet.
- Mr Abbott placed two bets on FOLDEM to win via his Betfair account and profited in the amount of $810.00.
- An associate of Mr Abbott, namely Mr Saverio (Sam) Treccase, and his brother Mr Robert Treccase, also layed FOLDEM on 10 March 2014 and backed it to win on 17 March 2014.
This conduct was prejudicial and detrimental to the industry in that a reasonable person would likely perceive Mr Abbott’s behaviour on the whole as undermining the integrity of the harness racing industry and the very act of a trainer laying his own horse and profiting from such creates the suspicion that Mr Abbott, and others associated with Mr Abbott, gained an unfair advantage as a result.
Charge 8 is under Rule 247 which reads:
A person attending before the Controlling Body its members or employees, the Stewards, officials, or at any proceeding under these rules, shall not speak or behave in a malicious, intimidatory or otherwise improper manner.
The specifics of the charge being that on 3 April 2014 when RQ Stewards David Farquharson, Norm Torpey and John Hackett were in attendance at Mr Abbott’s stables and residence exercising powers under the Australian Harness Racing Rules, and on 29 April 2014 when attending the Stewards inquiry into these matters, Mr Abbott stated words that were intimidatory and otherwise improper in that they were designed to intimidate and undermine the Stewards and to influence the Stewards’ conduct of the inquiry.
Mr Abbott pleaded guilty to Charges 3, 4, 5 and 6 and pleaded not guilty to Charges 1, 2, 7 and 8.
On 28 August 2014, after careful consideration of written submissions tendered by Mr Abbott, Stewards determined that Charges 1, 2, 7 and 8 as issued could be sustained and therefore formally found him guilty of all charges.
Under Rule 15(1)(m) and (n) Stewards are empowered to impose one or more of the penalties provided under Rule 256(2). In assessing penalty for each charge Stewards were mindful of the degree of seriousness and circumstances of each offence, the deterrent effect of any penalty, the range of penalties imposed for breaches of each particular rule balanced against the particulars of this case, the likely impact of a penalty on Mr Abbott’s livelihood, and Mr Abbott’s detailed submissions regarding the circumstances of the breaches.
Stewards today determined that the following penalties be imposed in respect of each charge:
Charge 1 – $100 fine
Charges 2 and 3 – $100 fine (on each count)
Charges 4, 5 and 6 – 1 year disqualification (on each count to be served cumulatively) backdated to commence 21 March 2014, the day on which Mr Abbott’s licence was suspended.
Charge 7 – 2 years disqualification to be served concurrently with the penalties issued for Charges 4, 5 and 6 backdated to commence 21 March 2014.
Charge 8 – 2 years disqualification to be served cumulatively to the penalties issued for Charges 4, 5 and 6 to commence 21 March 2017.
Mr Abbott was advised of his appeal rights.
