In September 2016, Harness Racing New South Wales (HRNSW) commenced an investigation into communications between registered owner Mr Harvey Kaplan and licensed trainer/driver Mr Nathan Jack in the period leading up to the Goulburn meeting on 26 January 2015.
During this investigation HRNSW has undertaken various investigations including interviews with relevant parties, analysis of the betting relating to the race, certain forensic imaging of mobile telephones and computers. HRNSW has been assisted by Harness Racing Victoria in this matter.
Mr Harvey Kaplan was issued with the following charges:
Charge 1: Pursuant to Rule 187 (2)
Charge 2: Pursuant to Rule 187 (3)
Charge 3: Pursuant to Rule 187 (6)
These charges related to a direction issued to Mr Kaplan regarding his failure to produce a computer to HRNSW. Mr Kaplan subsequently produced that computer.
Charge 4: Pursuant to Rule 240- Improper Conduct relating to a text message sent to Mr Nathan Jack on 25 January 2015.
The charges have been resolved as follows:
HRNSW resolved to permanently stay Charges 1-3, on the basis that Mr Kaplan ultimately complied with his obligation to produce the computer, albeit later than directed. HRNSW has satisfied itself that this lateness caused no prejudice to its investigation.
Mr Kaplan has pleaded guilty to a breach of Rule 240, in that his text message to Mr Nathan Jack on 25 January 2015 was improper.
In determining penalty, the Stewards were mindful of the following factors:
Mr Kaplan’s contribution to the industry through various volunteer roles;
Mr Kaplan’s record as a considerable owner and breeder within the harness industry;
Mr Kaplan’s remorse for the conduct;
The nature of the offence, including the effect such conduct has upon the industry.
Stewards ordered the following penalty upon Mr Kaplan for his breach under Rule 240:
A fine of $20,000 to be rendered within 21 days
That Mr Kaplan shall not participate as an owner of any registered standardbred in races for a period of 12 months effective 7 November 2016.
Mr Kaplan’s ownership rights were withdrawn by HRNSW on 7 November 2016 pursuant to Rule 183.
Mr Nathan Jack has been issued with the following charges:
Charge 1: Pursuant to Rule 240 – Improper Conduct relating to a text message received from Mr Harvey Kaplan and his reply.
Charge 2: Pursuant to Rule 246 – In that he has failed to report behaviour that could have cause or is likely to cause a breach of the Rules. This charge is in the alternative to Charge 1.
Mr Jack has been issued with a Notice to Show Cause as to why HRNSW should not invoke Rule 183 pending the outcome of the investigation. Mr Jack has until close of business Friday 11 November 2016 to reply.
Mr Jack has not been found guilty of any offence and will have an opportunity to reply to and / or defend the charges issued.
HRNSW will continue its investigation into this matter.
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 33 racing clubs across the State. HRNSW is headed by an industry-appointed Board of Directors and is independent of Government.
To arrange an interview or for further information please contact:
Reid Sanders
CHIEF OPERATING OFFICER
p: (02) 9722 6600
e: rsanders@hrnsw.com.au
