GREYHOUND RACING NSW INQUIRY 17S035. in relation to allegations of offences under Rule 86B of the GRNSW Greyhound Racing Rules DECISION

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1 GREYHOUND RACING NSW INQUIRY 17S035 in relation to allegations of offences under Rule 86B of the GRNSW Greyhound Racing Rules DECISION DATE: 3 November 2017

2 A. BACKGROUND 1. The GRNSW Inquiry Panel (Inquiry Panel) comprises Mr Stephen Dodd, Ms Tammy Cootes and Mr Grant Carroll. All Inquiry Panel members are appointed as Stewards under the GRNSW Greyhound Racing Rules (Rules). Inspection on 17 May On 17 May 2017 GRNSW Investigators (Investigators) conducted an inspection of a Cessnock property occupied by Mr Hubert Murray. The property consists of a large circle track, 56 kennels and a residential premise (Property). In the catching pen area of the track, the Investigators observed: (a) two rabbit carcasses, each hanging by rope from the catching pen fence; and (b) one rabbit carcass tethered to a rope held by a person to be known as Mr A, which was being bitten by a greyhound. 3. Investigators identified that the following persons were present in the vicinity of the trial track at the time of the inspection: (a) Hubert Murray (licensed as an attendant); (b) Ian Toombs (unlicensed); (c) Benjamin Sweetman (licensed as a public trainer and breeder); and (d) An unlicensed male person, to be known as Mr A for the purposes of this decision. Mr A has been identified by Investigators. However, the Investigators have been unable to locate Mr A despite substantial enquiries and, as a result, Mr A is not identified by name in this decision 1. Susan McCann (licensed as an owner trainer) was also on the Property in the vicinity of the residence, which is separate to the trial track. 4. Investigators identified 32 greyhounds on the Property. The greyhounds were owned by third parties, who were not present on the Property, except for two greyhounds owned and trained by Mr Sweetman and five greyhounds owned and trained by Ms McCann. 1 Mr A is not identified by name in this decision because the Inquiry Panel has been unable to notify Mr A of the inquiry, charges against Mr A or any findings. Because of this, Mr A has not had the opportunity to respond. 1

3 Commencement of inquiry 5. On 17 May 2017 the Inquiry Panel commenced this inquiry under the Rules. Interim suspension of licence 6. On 17 May 2017 the Inquiry Panel imposed an interim suspension of Mr Murray s licence in accordance with Rule 92(5) of the Rules. The Inquiry Panel imposed the suspension following consideration of all the factors before the inquiry including submissions from Mr Murray. Inquiry hearings 7. The Inquiry Panel held its first inquiry hearing on 17 August 2017 and heard evidence from Mr Murray, Ms McCann and Mr Sweetman. Mr Murray and Ms McCann were represented by solicitor Mr Hamish Cockburn. 8. The Inquiry Panel held a second inquiry hearing on 19 September 2017 where evidence was taken from Mr Toombs and Mr Murray. RSPCA 9. The Inquiry Panel notes that Investigators worked with the RSPCA in conducting this investigation and the RSPCA determined not to commence any action. 2

4 B. KEY FINDINGS Provision of training and educating services 10. Mr Murray admits and the Inquiry Panel finds that: (a) Mr Murray provided greyhound training and education services at the Property. (b) The 32 greyhounds identified at the Property on the 17 May 2017 were located at the Property for the purpose of training and education services. Expert analysis of rabbit carcasses 11. The Inquiry Panel accepts the findings contained in the post mortem veterinary report by Dr Lydia Tong (Veterinary Pathologist) in relation to the three rabbit carcasses located on the Property. 12. Dr Tong s key findings were that: (a) The three rabbits were dead prior to when they sustained bite wounds and injuries associated with being tethered to a rope. (b) Rabbit one was killed by a gunshot to the head and was subsequently gutted prior to being tethered to a rope. It was likely that the rabbit had been shot a minimum of 24 hours and probably days prior to being seized by Investigators. (c) Rabbits two and three were intentionally killed by having their neck dislocated or wrung. These rabbits were likely killed within 30 minutes of the bite wounds occurring. (d) All three rabbit carcasses were likely used as lures by being tethered to a rope. 13. The Inquiry Panel accepts the findings contained in the canine DNA testing report by Ms Melanie Marty (Senior Scientist, DNA Profiling, Genomic Diagnostics) in relation to the testing of nine swabs taken from the three rabbit carcasses located on the Property. 14. Ms Marty found that canine DNA was present on two swabs taken from rabbit one, one swab from rabbit two and two swabs taken from rabbit three. Mr Murray s possession and use of the rabbit carcasses 15. The Inquiry Panel issued charges against Mr Murray on 14 July The charges are detailed in section C. 3

5 16. Mr Murray admits and the Inquiry Panel finds that, during the morning of 17 May 2017: (a) Mr Murray had possession of the rabbit carcasses and caused the rabbit carcasses to be located in the catching pen area of the trial track; and (b) Mr Murray used, and caused to be used, each of the three rabbit carcasses to entice, excite and encourage greyhounds in the catching pen area of the trial track in connection with the training and educating of the greyhounds. 17. The Inquiry Panel is unable to determine how and when the rabbit carcasses entered Mr Murray s possession. This is because Mr Murray s evidence is the only evidence available to the Inquiry Panel. Mr Murray s evidence is that the rabbit carcasses were delivered, unrequested, by an unknown male at approximately 6.45am on 17 May Mr Murray states that he was alone and in the vicinity of the residence. Following the delivery, Mr Murray attended the kennels before proceeding to the trial track. This timing does not appear to be consistent with Dr Tong s evidence that rabbits two and three were likely killed within 30 minutes of the bite wounds occurring. The Inquiry Panel notes that the CCTV footage from the Property was reviewed in full and there is no footage that assists the Inquiry Panel on this issue. 18. The Inquiry Panel finds that there is no evidence before it that indicates that rabbit carcasses were used at any other time by Mr Murray following the introduction of Rule 86B on 20 April This is based on the evidence of Mr Murray, Mr Toombs, Ms McCann and each of the owners interviewed together with a thorough review of the CCTV footage from the Property. Mr A s possession and use of the rabbit carcasses 19. The Inquiry Panel issued charges against Mr A under Rule 86B on 14 July Despite significant attempts, Investigators have been unable to locate Mr A to serve the charges. 20. As a result, the Inquiry Panel determines to: (a) Leave the charges against Mr A open; (b) Refer the matter to GRNSW Intelligence / Investigations to allow them to continue to attempt to locate Mr A; and 4

6 (c) Place a note on Mr A s file stating that should Mr A at any time in the future seek to participate in greyhound racing that he would first be required to answer the charges against him. Mr Toombs possession and use of the rabbit carcasses 21. The Inquiry Panel issued charges against Mr Toombs on 14 July The charges and the Inquiry Panel s findings in relation to the charges are detailed under section D. 22. The Inquiry Panel finds that it cannot be comfortably satisfied on the balance of probabilities that Mr Toombs was aware of, or had any involvement in, the use of the rabbit carcasses at the Property to train and educate greyhounds. 23. This finding is based on the detailed and consistent evidence of: (a) Mr Murray, Mr Sweetman and Mr Toombs that on 17 May 2017 Mr Toombs worked at the starting box area of the trial track boxing greyhounds. Mr Toombs did not enter the catching pen area and could not see into the catching pen area from his location. (b) Mr Murray and Mr Toombs that on 17 May 2017 Mr Toombs was not aware that Mr Murray had possession of the rabbit carcasses and caused the rabbit carcasses to be located in the catching pen area of the training track; and (c) Mr Murray and Mr Toombs that on 17 May 2017 Mr Toombs was not aware that Mr Murray used, and caused to be used, the rabbit carcasses in the catching pen area of the trial track in connection with the training and education of the greyhounds. Involvement of other persons present on the Property 24. The Inquiry Panel finds that there is no evidence that Ms McCann or Mr Sweetman (being the two other persons present on the Property at the time of the inspection) were aware of, or had any involvement in, the use of the rabbit carcasses at the Property to train and educate greyhounds. 25. In relation to Ms McCann, this finding is based on the detailed and consistent evidence of: (a) Mr Murray and Ms McCann that Ms McCann was not aware that Mr Murray had possession of the rabbit carcasses or intended to use rabbit carcasses in connection with the training and education of greyhounds; and 5

7 (b) Mr Murray, Mr Toombs and Ms McCann that Ms McCann was in the vicinity of the residence during the morning of 17 May 2017 and did not attend the trial track. 26. In relation to Mr Sweetman, this finding is based on the detailed and consistent evidence of Mr Murray, Mr Toombs and Mr Sweetman that: (a) Mr Sweetman was not aware that Mr Murray had possession of the rabbit carcasses and caused the rabbit carcasses to be located in the catching pen area of the trial track; (b) Mr Sweetman was not aware that Mr Murray used, and caused to be used, the rabbit carcasses in the catching pen area of the trial track in connection with the training and educating of the greyhounds; and (c) Mr Sweetman was present at the starting box area of the trial track with Mr Toombs for a short period only before the Investigators arrived at the Property. Mr Sweetman did not enter the catching pen area and could not see into the catching pen area from his location. Persons associated with greyhounds identified on the Property 27. The Inquiry Panel finds that there is no evidence that any person associated with greyhounds identified on the Property was aware that rabbit carcasses would be used to train and educate their greyhounds. 28. This finding is based on the evidence of Mr Murray, Mr Toombs, Mr Sweetman, Ms McCann and each person interviewed that was associated with greyhounds identified on the Property. 6

8 C. HUBERT MURRAY* Charge One 29. On 14 July 2017 the Inquiry Panel charged Mr Murray under 86B as follows: That you, Hubert Murray, a registered person, in the opinion of Stewards: 1. used in connection with greyhound training, education or preparation to race an animal carcass or carcasses whether as bait, quarry or lure, or to entice, excite or encourage a greyhound to pursue it or otherwise; 2. had possession of, or brought onto your property, where greyhounds are trained and kept, an animal carcass or carcasses for the purpose of being used as bait, quarry or lure to entice or excite or encourage a greyhound to pursue it; and/or 3. caused, procured, permitted or allowed a greyhound to pursue or attack an animal carcass or carcasses. 30. Mr Murray admitted Charge One and provided mitigating factors for the Inquiry Panel to consider in relation to the penalty. Penalty 31. The Inquiry Panel is of the view that the circumstances of this offence are of a serious nature. The facts demonstrate a complete disregard for the Rules by an experienced person involved in the education and training of greyhounds in circumstances where he was responsible for greyhounds owned by third parties and aware of the Rule. 32. The Inquiry Panel considers that it must impose a significant penalty that sends a clear and unequivocal message to ensure that Mr Murray understands the consequences of using animal carcasses in connection with greyhound training and education; that other participants will be dissuaded from any temptation to use animal carcasses; that the wider community will understand that GRNSW and the industry has no tolerance for such practices and that persons who engage in such acts have no place in the industry. 33. The Inquiry Panel is of the view that the circumstances of this offence require a penalty over the minimum penalty of 10 years disqualification for the reasons set out above. However, the Inquiry Panel notes that this offence is not within the most serious of this category of offences under Rule 86B (which captures live baiting offences). This is because the rabbits were dead prior to being used in connection with greyhound training and education and there is no evidence to suggest that this was a systemic practice of Mr Murray. 7

9 34. In relation to Mr Murray s subjective circumstances, the Inquiry Panel considers: (a) Mr Murray s admission of the Charge at the earliest convenience; and (b) Mr Murray s licence history, having been licensed from 1960 to 2011 as an owner trainer and from 2014 to 2016 as an attendant with no prior breaches of the Rules. 35. The Inquiry Panel acknowledges Mr Murray s submission that greyhounds are Mr Murray s life and livelihood and Mr Murray is of an age where any substantial period of disqualification is likely to end his involvement in the industry. However, as with every industry, there are obligations and responsibilities which are not negotiable. If Mr Murray had acted as though his life and livelihood depended on greyhounds, he would have complied with this important Rule. As such, the Inquiry Panel does not afford much weight to this submission. 36. Having regard to the totality of the facts, the Inquiry Panel determines that: (a) Mr Murray is disqualified for a period of 15 years; (b) All licences held by Mr Murray are cancelled in accordance with Local Rule 99C; and (c) Mr Murray is excluded from making any future applications to GRNSW for any licence or registration or to be an owner of any greyhound in accordance with Rule 86C. Charge Two 37. On 14 July 2017 the Inquiry Panel charged Mr Murray under Rule 86(b) as follows: That you, Hubert Murray, a registered person, failed to comply with the conditions of your registration as an attendant by providing greyhound training, education, trialling or preparation services at your property. 38. Mr Murray admitted Charge Two and provided mitigating factors for the Inquiry Panel to consider in relation to the penalty. Penalty 39. The Inquiry Panel is of the view that the circumstances of this offence are of a serious nature. The facts demonstrate that the Participant failed to comply with the conditions of his registration as an attendant by providing greyhound training, education or preparation services at his Property. 8

10 40. The GRNSW licensing system provides a mechanism for GRNSW to assess each licence application and accredit to the industry and the public that the applicant is a fit and proper person to hold a licence and perform the functions permitted under that type of licence. For this licensing system to function, it is essential that the conditions of licences are enforced. 41. The Inquiry Panel considers that it must impose a penalty that sends a clear message to ensure that Mr Murray understands that complying with licensing conditions is a core requirement of participating in greyhound racing; that other participants will be dissuaded from any temptation not to comply with their licensing conditions and that the wider community will be satisfied that GRNSW enforces compliance with its licensing system. 42. In relation to Mr Murray s subjective circumstances, the Inquiry Panel considers: (a) Mr Murray s admission of the Charge at the earliest convenience; and (b) Mr Murray s licence history, having been licensed from 1960 to 2011 as an owner trainer and from 2014 to 2016 as an attendant with no prior breaches of the Rules. 43. Having regard to the totality of the facts, the Inquiry Panel determines that Mr Murray is disqualified for a period of 12 months. Total penalty 44. The Inquiry Panel determines that the penalties are to be served cumulatively as each offence resulted from a separate breach of the Rules. 45. The Inquiry Panel considers that a total penalty of 16 years disqualification is just and appropriate to Mr Murray s conduct. 46. The Inquiry Panel also determines that the period of disqualification is backdated to commence on the date that Mr Murray s licence was suspended (being 17 May 2017). 47. The Inquiry Panel further determines that the Inquiry Panel is not satisfied that special circumstances exist and, as such, the conditions of disqualification apply in full as set out in the Rules. *The Inquiry Panel notes that they determined to withdraw two additional charges against Mr Murray prior to the inquiry hearing. 9

11 D. IAN TOOMBS Charge One 48. On 14 July 2017 the Inquiry Panel charged Mr Toombs under Rule 86B as follows: That you, Ian Toombs, a person, in the opinion of Stewards: 1. were directly or indirectly involved in committing such conduct as set out in (a), (b), (c) or (d) of Rule 86B of the GRNSW Greyhound Racing Rules; and/or 2. aided or abetted a person to commit such conduct as set out in (a), (b), (c) or (d) of Rule 86B of the GRNSW Greyhound Racing Rules. 49. Mr Toombs denied the Charge. Decision 50. The Inquiry Panel finds that it cannot be comfortably satisfied to the Briginshaw standard that Mr Toombs breached the Rules as outlined in the Charge. The Inquiry Panel s reasons for this decision are detailed in Part B. Charge Two 51. On 25 August 2017 the Inquiry Panel charged Mr Toombs under Rule 86(e) as follows: That you, Ian Toombs, refused or failed to attend or give evidence at an inquiry on 17 August 2017 in relation to the discovery of rabbit carcasses that were used for the purpose of training greyhounds at the property of Mr Hubert Murray on 17 May 2017 when directed to do so by the Stewards of GRNSW. 52. Mr Toombs admitted the Charge. Penalty 53. The Inquiry Panel is of the view that failing to attend an inquiry as directed is a serious breach of the Rules as it thwarts GRNSW s ability to enquire into relevant matters and regulate the industry. An adequate level of general deterrence is generally required for such breaches of the Rules. 54. The Inquiry Panel balances this objective seriousness against the specific circumstances of this case being that Mr Murray contacted Mr Toombs on 16 August 2017 and advised Mr Toombs that he was not required to attend the inquiry on 17 August Mr Murray appears to have made this statement based on a misinterpretation of an from Mr 10

12 Murray s solicitor. However, the Inquiry Panel considers that, ultimately, it was the responsibility of Mr Toombs to confirm this advice from Mr Murray with the Inquiry Panel. 55. The Inquiry Panel also considers that Mr Toombs attended a subsequent inquiry on 19 September 2017 and fully participated in the inquiry. 56. In relation to Mr Toombs subjective circumstances, the Inquiry Panel considers Mr Toombs admission of the Charge at the earliest convenience together with his licence history and extensive involvement in greyhound racing. 57. Having regard to the totality of the facts, the Inquiry Panel determines that a period of warning off of three months is the appropriate penalty in the circumstances. 11

13 E. EVIDENCE BEFORE THE INQUIRY 1. The following statements from Investigators: (a) Statement of Senior Investigator Chris Dove dated 23 June 2017; (b) Statement of Senior Investigator Nick Souris dated 28 June 2017; and (c) Statement of Senior Investigator Bill Beekman dated 6 July The following transcripts of interview in relation to persons present on the Property on 17 May 2017: (a) Transcript of interview between Investigators and Hubert Murray of 17 May 2017; (b) Transcript of interview between Investigators and Susan McCann of 17 May 2017; (c) Transcript of interview between Investigators and Ian Toombs of 8 June 2017; and (d) Transcript of interview between Investigators and Benjamin Sweetman of 18 May The following transcripts of interview in relation to persons associated with greyhounds identified as present on the Property on 17 May 2017: (a) Transcript of interview between Investigators Harry Sarkis of 19 May 2017; (b) Transcript of interview between Investigators and Ralph Smith of 23 May 2017; (c) Transcript of interview between Investigators and Beverly Sloan of 19 May 2017; (d) Transcript of interview between Investigators and Luke Crawford of 22 May 2017; (e) Transcript of interview between Investigators and Jean Lewis of 24 May 2017; (f) Transcript of interview between Investigators Charles Lamb of 19 May 2017; (g) Transcript of interview between Investigators and William Davidson of 19 May 2017; (h) Transcript of interview between Investigators and Patricia Groizard of 18 May 2017; (i) Transcript of interview between Investigators and Christopher Kedwell of 18 May 2017; (j) Transcript of interview between Investigators and Laurence Murray of 6 June 2017; 12

14 (k) Transcript of interview between Investigators and Tom Halley of 7 June 2017; (l) Transcript of interview between Investigators and Victor Bennett of 8 June 2017; (m) Transcript of interview between Investigators and Troy Donaldson of 8 June 2017; (n) Transcript of interview between Investigators and Ronald Lambert of 8 June 2017; and (o) Transcript of interview between Investigators and Gregory Soper of 8 June 2017; 4. The following expert reports in relation to the rabbit carcasses located on the Property: (a) Post mortem report of Dr Lydia Tong (Veterinary Pathologist) dated 30 June (b) Genomic report of Ms Melanie Marty (Senior Scientist, DNA Profiling) dated 4 July The following materials provided by Investigators: (a) Photographs taken by Investigators at the Property on 17 May 2017 including photographs Mr Murray s diary / phone book (b) Still images taken from the Investigators review of the CCTV footage seized under search warrant from the Property (c) Report of the audit of greyhounds located on the Property on 17 May 2017 (d) Mud map of Property (e) Notebook entry from 17 May 2017 by RSPCA Inspector Dymond. 6. The transcript of the 17 August 2017 hearing of this inquiry. 7. The transcript of the 19 September hearing of this inquiry. 8. Submissions on penalty in relation to Mr Murray from Mr Hamish Cockburn dated 9 October

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