25 September 2014
Stewards Panel: K Wolsey, N Torpey, I Brown
Stewards today concluded an inquiry into a report from Racing Queensland (RQ) Harness Registrar Ms Susan Subritzky regarding the validity of a transfer of ownership submitted for an unnamed filly ENRIQUE (NZ) x UNREAL JAN foaled in 2012.
After considering evidence tendered by part owners Ms Kaylene Durston and Mr Owen Durston, licensed person Mr Keith Durston, executor for the Estate of RH Durston, Mr John Durston, and also Mr David Proctor, the intended new owner, Stewards today charged Mr John Durston with the contravention of Rule 209 which reads:
“A person employed, engaged or participating in the harness racing industry shall
not knowingly or recklessly furnish false information to the Controlling Body, the
Stewards or anyone else.”
The specifics of the charge being that Mr Durston, as an owner of registered standardbreds in the harness racing industry, did recklessly furnish false information to Mr David Proctor in the attempted sale of the unnamed 2012 filly ENRIQUE (NZ) x UNREAL JAN. The false information being that the signature of outgoing part owner Owen Durston which appeared on the Transfer of Ownership form was not by the hand of Owen Durston.
Mr Durston pleaded not guilty to the charge as issued.
After careful consideration and in the absence of further submissions, Stewards were of the view that the charge could be sustained and formally found Mr Durston guilty.
In determining penalty Stewards were mindful of the particular circumstances of this case, the seriousness of this rule, the deterrent effect of a penalty and the impact of any penalty on Mr Durston’s personal circumstances. Stewards deemed the appropriate penalty be a fine of $3000.
Mr Durston was advised of his appeal rights.
