Mr James Sutton – Inquiry Conducted

On Wednesday 3 February 2016, Harness Racing New South Wales (HRNSW) Stewards concluded an Inquiry that commenced on Friday 4 December 2015 following a routine stable inspection at the registered stable address of Licensed Trainer Mr Warren Sambrook the previous day.

Evidence was presented to the Inquiry on 4 December 2015 by Licensed Trainer Mr Warren Sambrook, Licensed Trainer Mr James Sutton (via telephone) and registered Owner Mr Lloyd Sutton. As a consequence of the Inquiry, the registered standardbred LASER IN FLIGHT which was entered to race in Race 3 “The Hogs Breath Cafe Pace” (1720 metres) at the Dubbo Harness Racing Club meeting on Friday 4/12/15 was withdrawn by Order of the Stewards.

The Inquiry was then adjourned and continued at the Dubbo Harness Racing Club on  Wednesday, 3 February, 2016.

After considering the evidence Stewards laid the following charges against Licensed Trainer, Mr James Sutton:

Charge 1 – Issued under AHRR 90A (2.9)(a) and (b) in that;

Part 1 - “He failed to ensure Mr Lloyd Sutton who for a period between the 6th September 2015 and 3rd December 2015 carried out the activities of a stablehand when assisting him with the training, management, care and control of the registered horse LASER IN FLIGHT when Mr Lloyd Sutton was not licensed as a stablehand during that period of time.”

Part 2 - “He failed to ensure Mr Warren Sambrook who for a period between the 6th September 2015 and 26th November 2015 carried out the activities of a stable hand when assisting him with the training, management, care and control of the registered horse Laser In Flight when Mr Warren Sambrook was not licensed as a stable hand during that period of time.”

Mr James Sutton pleaded guilty and was fined $ 200 in each instance.

Charge 2 – Issued under AHRR 239A in that; “His cnduct and or negligence in the care, control, administration and management of the registered horse LASER IN FLIGHT lead to a breach of AHRR 196B that being it was administer an injection within 1 clear day of racing.”

Mr James Sutton pleaded guilty and Stewards determined he be disqualified for a period of seven months.

Charge 3 – Issued under AHRR 241 in that; “He did commit a fraudulent act by presenting his log book to the inquiry which records in relation to the registered horse LASER IN FLIGHT had been recorded to deceive the inquiry.”

Mr James Sutton pleaded guilty and Stewards determined he be disqualified for a period of seven months.

Stewards ordered this penalty to be served concurrently with the penalty issued in regards to Charge 2.  The effect of the Stewards order is that Mr James Sutton is disqualified for a period of seven months.

Charge 4 – Issued under AHRR 190B (1) and (4) in that;

“On Friday 4th December 2015 when Stewards requested to view his log, he produced a log book which in relation to the registered horse LASER IN FLIGHT had not been maintained on a regular basis and was presented to deceive the inquiry.”

Mr James Sutton pleaded guilty and was fined $ 300.

In determining a penalty for each individual charge Stewards took into account the guilty plea entered for each charge, the circumstances and related consequences of each charge, the seriousness of each charge and the effect a breach of each charge has on the Harness Racing Industry as a whole.

Stewards further considered Mr James Sutton personal circumstances, the period of time in which he has held a licence, his offences record in relation to convictions under the same or similar Rules and the manner in which he conducted himself during today’s inquiry and the remorse he showed.

Mr James Sutton was advised of the provisions of a disqualified person and was afforded five (5) days to sort out his affairs in relation to the horses under his care

Mr James Sutton was also advised of his right of appeal the Stewards decisions.

Harness Racing NSW (HRNSW) is the controlling body for harness racing in New South Wales with responsibility for commercial and regulatory management of the industry including 31 racing clubs across the State.  HRNSW is headed by an industry-appointed Board of Directors and is independent of Government.