More Appeals After Waterhouse Findings Handed Down
- Friday, 16 August 2002 00:00
A total of $78,000 in fines was also reduced to $1,500 on each of 13 charges – a total of $19,500 – but Mr Waterhouse will still be heading to the Racing Appeals Tribunal having lodged an appeal against both decisions.
The 9-month suspension stemmed from Charge 16 in the "Extravagant Odds Affair", which Mr Waterhouse was charged with engaging in conduct which, in the opinion of the Stewards, was prejudicial to the image of racing.
Appeal Panel Chairman, Mr Tom Hughes, AO QC, said that Charge 16 is a serious charge and the Panel’s view is that a monetary penalty would not be adequate. Nor would a period of disqualification be justified.
"In dealing with Charge 16, we must bear in mind the principles of totality and the decision is a period of suspension of nine months from today must be served."
In relation to Charges 1-13 (13 breaches of Local Rule 91(q) – entering into betting records, transactions which were not legitimate wagers), the Panel also decided on a penalty reduction.
"The Panel has concluded that 13 individual fines were too severe a penalty. We must have regard to the principle of totality.
"Each of the charges arose out of the same stupid arrangement. Therefore, we have made the fines $1,500 on each count."
Late today Mr Waterhouse applied to the Racing Appeals Tribunal’s, Judge Perrignon, for a ‘Stay of Proceedings’ seeking to allow the bookmaker to continue fielding.
The Judge has indicated that he will hand down his decision on a Stay of Proceedings before midday tomorrow (Saturday, 17 August 2002).
The NSW TRB has already lodged an appeal against Charge 15 (Misleading evidence relating to Mr McCoy’s address) to the Racing Appeals Tribunal.
"Yes, we have a way to go yet," TRB Chief Executive, Mr Merv Hill, said in summing up today’s proceedings.
When asked: "Are you disappointed that the Appeal Panel watered down the fines and the disqualification was reduced to a suspension" - Mr Hill replied: "I don’t think it’s for us to be disappointed, satisfied or otherwise.
"This is the course of the disciplinary system, so the whole issue isn’t settled yet and it’s a matter of letting it take its course."
Media Release - NSW TRB