Danny Gallagher disqualified for 5 years

01:48 AM 08 Feb 2014 NZDT
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Disqualified
Disqualified

On 13 January 2014, HRNSW Stewards and Investigator conducted a stable inspection at the registered property of trainer Mr Jimmy Brown.

Upon attendance at the property it was revealed that unlicensed person Mr Danny Gallagher was performing activities that require a licence.

On 16 January 2014 trainer Mr Jimmy Brown was issued with the following charges:

Charge 1 – Pursuant to Rule 239A which reads:

A person whose conduct or negligence had or could have led to a breach of the Rules is guilty of an offence.

The particulars of the charge are:

That Mr Brown as a licensed Trainer through his conduct and negligence has led to a breach of Rule 91(2) being that he allowed unlicensed person Mr Danny Gallagher to undertake activities which are regulated by a licence.

Charge 2 – Pursuant to Rule 187(2) which reads:

A person shall not refuse to answer questions or to produce a horse, documents, substance or piece of equipment or give false or misleading evidence or information at an inquiry or investigation.

The particulars of the charge are:

That Mr Brown gave false evidence to the Stewards when being questioned how Mr Danny Gallagher entered the property at 348 Appin Road Appin on Monday 13 January 2014.

Mr Brown pleaded guilty to both charges.

Mr Brown’s licenses were suspended for the period 13 January 2014 until midnight 5 February 2014 and fined $1000 for the breach under Rule 239A. He was further fined the sum of $500for his breach of Rule 187 (2).

Mr Danny Gallagher was also issued with the following charges on 16 January 2014;

Charge 1 – Pursuant to Rule 91(1) & (2)

 

(1)       Subject to sub rule (4) a person shall not carry on a activity regulated by licence –

 

            (a) if that person is not the holder of a current licence

            (b) if the person’s licence is suspended

            (c) except in accordance with the terms and conditions of the licence

 

(2)       A person who fails to comply with any provision of Sub Rule (1) is guilty of a offence.

 

The particulars of the charge are:

That Mr Danny Gallagher on 13 January 2014 whilst not the holder of an appropriate licence was carrying on duties when not the holder of a licence.

Charge 2 – Pursuant to Rule 187(2)

A person shall not refuse to answer questions or to produce a horse, document or substance or piece of equipment or give false or misleading evidence or information at an inquiry or investigation.

The particulars of the charge are:

That Mr Gallagher failed to present the four horses that were attached to the jogging machine to the Stewards at the stables of licensed Trainer Mr J Brown for inspection.

Charge 3 – Pursuant to Rule 187(5)

A person shall not abuse intimidate or be deliberately obstructive of the Stewards.

There was six particular related to this charge, but in summary it related to his conduct and language towards the Stewards during the course of the stable inspection on 13 January 2014.

Mr Gallagher pleaded guilty to charge 1 and 3, and not guilty to charge 2.

Mr Hammond, solicitor representing Mr Gallagher filed submissions on his behalf regarding the matter of penalty.

Mr Gallagher was disqualified for 9 months effective 6 February 2014 for the offence under Rule 91 (1) & (2) and disqualified for 5 years for the offence under Rule 187 (5). The Stewards ordered that these penalties be served concurrently.

HRNSW has invited submissions on penalty for the offence under Rule 187 (2). Stewards have reserved their decision on that penalty.

Harness Racing New South Wales

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