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Three people alleged to be involved in a harness racing fixing scandal at Cobram more than two years ago will have to wait until next year to find out the outcome of the case against them. Nathan Jack, Mark Pitt and Lisa Bartley yesterday faced Shepparton Magistrates’ Court for the 13th and final day of a contested hearing. Magistrate John Murphy decided to receive final written submissions from the prosecution and defence out of court. ‘‘I’m satisfied there is a case to answer against all of the accused,’’ he said. Yesterday, Gary Hevey attempted to re-open the prosecution’s case after taking instructions from higher authorities. ‘‘A situation has arisen, I have been asked to re-open the prosecution case,’’ he said. Mr Murphy ruled Victoria Police telephone intercepts admissible this week. ‘‘Those instructing me have taken a different view,’’ Mr Hevey said. ‘‘They say I should re-open the prosecution case for utilising telephone intercepts post-offending. (I) propose for your honour to rule admissible the telephone intercepts and material post-offending.’’ Mr Jack’s lawyer Anthony Lewis said none of the telephone intercepts were ‘‘admissible to incriminating conduct’’. ‘‘It will prolong the proceeding,’’ he argued. Mr Murphy agreed, saying it would lengthen the case, querying the need for the telephone intercepts as the crown already had numerous text messages admitted into evidence. ‘‘(What is) the relevance of this further material? It would extend the case by at least one or two days,’’ he said. ‘‘I don’t allow the prosecution to re-open the case.’’ The court case was adjourned about noon yesterday, with a ruling set to be made on the three accused in April. HEARING SUMMARY Nathan Jack, Amanda Turnbull, Mark Pitt and Lisa Bartley pleaded not guilty to charges of engaging in, facilitating and possessing knowledge and/or information about conduct that corrupts a betting outcome. The charges relate to an allegedly fixed race at Cobram on June 22, 2015, after which an investigation was launched into the tactics adopted during the event and information provided to Harness Racing Victoria on the stabling arrangements of a horse. Of the accused, only Mr Jack and Mr Pitt took part in the race. Prosecutors allege Mr Jack, driving Tooram Lad, allowed Airbournemagic, driven by Mr Pitt, to win the race. The court has heard from representatives who have spoken about betting patterns before the race, while the father of Ms Bartley was excused from giving evidence against his daughter. Earlier in the hearing, Harness Racing Victoria evidence was thrown out and not used during the hearing as it was found to be involuntarily obtained. The hearing started on Monday, November 27, in front of Magistrate John Murphy and entered its third week on Monday. This week, charges against previous co-accused Ms Turnbull were dismissed. By Hayden Thomson  

A champion harness racing figure accused of serious corruption has been caught telling a worker of plans to “pull up” his horse the day before a race in which his associates allegedly won thousands of dollars. The alleged admission by Shepparton driver Nathan Jack was made in a text to stable­hand Lisa Bartley, hours before the allegedly rigged race in Cobram on June 22, 2015. Mr Jack, Ms Bartley and fellow co-accused racing ­identities Mark Pitt and Amanda Turnbull have each pleaded not guilty to corrupting the race’s betting outcome. It is alleged Mr Jack and fellow driver Mr Pitt manipulated the race by allowing Airborne Magic to win, after Mr Jack “pulled up” his horse, Tooram Lam. Police also alleged the racehorse had been secretly trained at a more elite facility before the race, creating unfair betting odds. Shepparton Magistrates’ Court on Thursday heard Mr Jack texted Ms Bartley a day before the race: “I’m pulling up that horse tomorrow.” A month later, a seemingly distressed Ms Bartley told him they could “never use one of Dad’s horses again”. “When we took Metro (nickname for Airborne Magic), Dad said he didn’t want anything to do with him, and any money he won, I was to have,” said Ms Bartley in a text read in court. “I rang him before to get him to take the money to Echuca, but he has already spent it.” The court heard Ms Bartley declined an offer of money by Mr Jack, who replied: “If it wasn’t one of yours, we wouldn’t have got anything.” Mr Jack later told Ms Bartley police “have nothing and can’t use phone taps” when discussing the probe via text in October. He was also heard telling his girlfriend, Ms Turnbull, how to answer police questions about the race. “If they interview us again, say you don’t remember anything. That’s what I’ll be saying,” he said in an intercepted phone call played in court. The Herald Sun previously reported as much as $30,000 was won by figures connected to the “Cobram Crew”. A probe was launched after a series of bets dramatically lowered Airborne Magic’s odds shortly before the race. During her police interview, Ms Bartley confessed to winning about $2000 on the race. The court heard Ms Turnbull admitted telling her brother, Nathan, to bet on Airborne Magic. He allegedly pocketed $2600. Ms Turnbull denied she backed Airborne Magic and made more than $2200. The accused foursome faces up to 10 years’ jail. The hearing continues next week. By Aneeka Simonis - Herald Sun Reprinted with permission of The Daily Telegraph  

Harness Racing Victoria evidence, set to be a key piece in the prosecution case against four alleged race fixers, was thrown out in court yesterday. Nathan Jack, Amanda Turnbull, Mark Pitt and Lisa Bartley faced Shepparton Magistrates’ Court yesterday for the second day of a hearing, accused of conduct that corrupts a betting outcome. They have pleaded not guilty to the charges. It comes after an investigation into a race at Cobram on June 22, 2015, which Airbournemagic won. Lawyers for the accused objected to evidence Harness Racing Victoria gathered, including the downloading of phone data and certain answers given to racing stewards. ‘‘These pieces of evidence should be excluded,’’ Mr Jack’s defence lawyer Anthony Lewis told the court. ‘‘My focus is on (the) question of unfairness to the accused ... circumstances unfair to the defendant.’’ Mr Lewis said stewards met Mr Jack on his property, asked him questions and he was forced to answer them and was told if he did not — would have committed an offence. ‘‘If they don’t comply, they will be likely charged and their livelihoods at stake,’’ he said. ‘‘It is a compulsory, involuntary process ... they can refuse to answer or provide the phone, but they would only do so knowing disqualification would be inevitable. ‘‘If an admission is involuntary, then it’s inadmissible. Has the evidence been obtained by compulsion? If it has, it ought to be excluded.’’ Mr Lewis added the defendants complied with the stewards’ inquiry for the sole purpose of the stewards’ inquiry. ‘‘(They) never signed an agreement that they’re waiving their rights,’’ he said. ‘‘Never told the answers would be given to police, that’s not in the rules.’’ Prosecutor Gary Hevey disagreed, arguing the four voluntarily signed up to be involved with Harness Racing Victoria, to be bound by the rules, meaning they knew the consequences. ‘‘This was a voluntary association ... people can choose to be members or participate in the harness racing industry,’’ he told the court. ‘‘They chose to belong and in doing so they must submit to the rules of this voluntary association. ‘‘At the interviews it was open for each of the persons being questioned to respond with I don’t want to play any more ... it was open for them to say no.’’ Magistrate John Murphy said while the consequences of refusing to comply with a steward’s request did not include jail time, the consequences certainly included the defendants’ racing licence and as a consequence their professional livelihood. ‘‘One of the basis of our rule of law is that a person has the right to remain silent,’’ he said. ‘‘The accused has a fundamental right to remain silent and they can’t under HRV unless they wish to suffer penalties outlined. ‘‘It would be unfair to an accused to use the evidence ... and a denial of natural justice. ‘‘My ruling is I do not intend to allow the evidence to be given.’’ On Monday, the court heard about the alleged tactics adopted during the race, with prosecution outlining allegations Mr Jack, on Tooram Lad, allegedly allowed Airbournemagic, who Mr Pitt drove, to win the race. Representatives from different betting agencies including Bet365, Ladbrokes and Victoria Police are set to give evidence, with the prosecution saying ‘‘thousands and thousands of dollars’’ were allegedly returned from profits. The hearing continues. The race in question By HAYDEN THOMSON Reprinted with permission of The Shepparton News

Four alleged race fixers are pleading not guilty to all charges relating to a harness racing event at Cobram in 2015. Champion driver Nathan Jack, his partner Amanda Turnbull and Avenel pair Mark Pitt and Lisa Bartley faced Shepparton Magistrates’ Court yesterday. The four accused have been charged with conduct that corrupts a betting outcome among other offences, after an investigation into the tactics adopted during a race on June 22, 2015 — which Airbournemagic won. Separate lawyers represented each defendant, as prosecutor Gary Hevey read out a case summary to a packed courtroom. ‘‘This case alleges corruption,’’ he told the court. ‘‘Using corrupt information for betting purposes ... it relates to the stabling, training and racing of a horse known as Airbournemagic and its winning of race four in Cobram. ‘‘In particular, allegations relate to information in possession of defendants ... the likely performance of Airbournemagic and failing to provide that information to Harness Racing Victoria.’’ Mr Hevey briefly outlined details of the charges to Magistrate John Murphy and outlined the role Harness Racing Victoria played in the sport. Court documents The News obtained told how Airbournemagic was allegedly at the stables of Ms Turnbull, a highly-regarded trainer, and Mr Jack, an experienced driver. But the details given to Harness Racing Victoria said Airbournemagic was at the stables of another person in Congupna. Due to the incorrect information allegedly given to Harness Racing Victoria, this increased the odds betting agencies set. ‘‘There are numerous messages which have been seized and downloaded in relation to the case,’’ Mr Hevey told the court. Prosecution is set to bring forward numerous witnesses from different betting agencies to give evidence, including representatives from Bet365, Ladbrokes and a Victoria Police financial analyst. The court heard how based on Airbournemagic being stabled at the Congupna address, Bet365 opened the betting ahead of the June 22, 2015 race at $35. Airbournemagic eventually jumped at just $4.80 with ‘‘thousands and thousands of dollars’’ returned from profits, Mr Hevey will allege. When Mr Jack took to the track with his horse Tooram Lad, he allegedly allowed Airbournemagic, which was close behind him for much of the race, to win. During the race, it is alleged Mr Jack was ‘‘overtly and continually looking behind his shoulder’’ at Airbournemagic, which Mr Pitt drove, for much of the race. Footage is set to be tendered to the court this week, with the trial estimated to run for more than a week. ‘‘The third section of the race was run at 27 seconds — the fastest time recorded in the last 10 years ... Mr Jack ran Tooram Lad ragged so he could not win the race,’’ Mr Hevey told the court. ‘‘When you combine that (footage) with the text messages in relation to betting ahead of the race and on the day and thereafter ... it is inescapable.’’ Ms Turnbull allegedly got a family member to place a bet on the race, which paid off with winnings of $2236.23. Ms Bartley, who allegedly helped with the training of Airbournemagic along with Mr Jack, also allegedly won $2274.24 on a winning bet on the race. Lawyers for the accused are set to object to a number of pieces of evidence, including the downloading of phone data seized, certain answers given to racing stewards and subsequent material Victoria Police obtained during a search warrant. ‘‘There is a question of unfairness of the accused,’’ Mr Jack’s defence lawyer Anthony Lewis told the court. ‘‘(We have) similar issues ... challenge the interview with stewards ... use of phone material downloaded and a challenge to the seizing of the mobile phone,’’ Ms Bartley’s defence lawyer Rohan Laurence said. Many of the charges face maximum sentences of 10 years in prison. The hearing continues today. The race in question By HAYDEN THOMSON Reprinted with permission of The Shepparton News  

Four alleged race fixers could face up to 10 years in prison for a crime that netted only a few grand. Mark Ryan Pitt, Amanda Turnbull, Lisa Carol Bartley and Nathan Jack faced Shepparton Magistrates’ Court on Thursday for their alleged involvement in a crime that rocked the Victorian harness racing community. The four accused came to court for what was scheduled to be a committal mention, but due to complications in how the case progressed from previous mentions it did not proceed. Court documents obtained by The News showed how the group allegedly gamed the racing and betting system for minor financial gain. The crime was allegedly committed at Cobram Harness Racing Club on June 22, 2015, when Airbournemagic won the fourth race of the day. It paid off for the people that backed the horse thanks to its good odds from the bookies. According to the charges, Airbournemagic was allegedly at the stables of Amanda Turnbull, a highly-regarded trainer, and Nathan Jack, an experienced reinsman. But the details given to Harness Racing Victoria stated that Airbournemagic was at the stables of another person. This person’s name has been suppressed by the court. Due to the incorrect information that was allegedly given to Harness Racing Victoria, this increased the odds given by betting agencies. When Nathan Jack took to the track with his horse Tooram Lad, he allegedly allowed Airbournemagic, which was close behind him for much of the race, to win. According to the charges Nathan Jack was ‘‘overtly and continually looking behind his shoulder’’ at Airbournemagic, which was driven by Mark Pitt for much of the race. According to previous reports, it was this behaviour that initially raised the suspicions of race officials. Watch this race here Amanda Turnbull allegedly got a family member to place a bet on the race, which paid off with winnings of $2236.23. Lisa Bartley, who allegedly helped with the training of Airbournemagic along with Nathan Jack, also allegedly won $2274.24 on a winning bet on the race. Many of the charges face maximum sentences of 10 years in prison. No pleas have yet been entered and the case will next face Shepparton Magistrates’ Court on November 27. By Barclay White Reprinted with permission of the Shepparton News

Four harness racing drivers accused of race-fixing will face a hearing next month. Nathan Jack, Mark Pitt, Amanda Turnbull and Lisa Bartley all fronted Shepparaton Magistrates Court on Thursday. Their individuals cases were adjourned for hearing on November 27. It comes over a year since the quartet were arrested at Melton and charged with engaging in conduct that corrupts a betting outcome. Reprinted with permission of The Daily Advertiser

On Melbourne radio station RSN a few weeks back, a discussion was raised around the possibility, that unbeaten juvenile thoroughbred Royal Symphony, might tackle this October’s Cox Plate.  That’s right, expert commentators openly toyed with the idea of an untried, untested baby racing against Winx, and perhaps even winning the Southern Hemisphere’s most revered WFA affair.  We don’t hear those conversations in Harness Racing. In fact, if a horse is anointed before their rightful time, both scribe and horse are in dire danger of being pilloried to within an inch of their lives.  That is why the San Carlo case confounds as much as it excites. Granted, San Carlo is no greenhorn; indeed he’s a somewhat seasoned, if incredibly lightly raced six-year-old, with the extraordinary record of 15 wins from just 17 race starts. But the fact media impresarios, and the general harness public are on the same page, in thinking this metropolitan maiden will inevitably stamp his imprimatur on Grand Circuit racing is unusual indeed.  Steve O’Donoghue and Beck Bartley’s gifted son, of the late Mach Three made his latest statement to those he means to face in coming months, easily winning on Saturday night at Shepparton.  Now it would seem he’ll finally look to bust his metro maiden status, via the Vicbred Championship series at Tabcorp Park both this week and next.  A crack at the Breeders Crown Graduate FFA potentially tackling Grand Circuit winner Hectorjayjay, then beckons before the new-look Vic Cup also looms large on the horizon.  So after an eternity of waiting we may know as soon as mid-October whether San Carlo, the horse that has united an industry of cynics, can actually match motors with the best Australia-wide.  For the second consecutive weekend Melton hosted a slew of semi-features on Friday night, one of those being the Group Three Melton Cup Final won by Ameretto.  Always a gifted commodity for owner and original trainer Ashley Grives, Ameretto was a three-time Group One placegetter in her formative years but has gone to a whole new level on Victorian soil.  Superbly trained and steered by the world’s most decorated horsewoman, Kerryn Manning, the headstrong mare led as expected from her polemarking draw and only got weary once the race was won. “She (Ameretto) has been in terrific form but there were plenty that wanted to come around and have a look at her mid-race, which led to the quick mid-race sectionals,” Manning said.  “I was really proud of her effort to hold on, given she was running up the track slightly and was rightfully getting a bit tired late.  “While she’s going well there are races for her here, and she will probably stay down here a little bit longer.  “I know she’s one of Ash’s favourite horses and she’s always calling after her, so it’s nice that she’s really racing well down here right now.  With most of Australia’s major mares’ races done for 2017, Manning refused to rule out a trip to Perth for their female features over the Inter-Dominion carnival.  Though Manning and her father Peter have had enormous success on Victoria’s Country Cup circuit, and there’s little reason to believe Ameretto, if she settles a little better, wouldn’t be suited to those kinds of races as well.    It's probably fair to say, the last 72 hours haven’t boosted New Zealand’s chances of winning Sunday afternoon’s Victoria Trotters Derby, during Redwood Day at Maryborough. As we all now know, NZ’s best 3YO squaregaiter Enghien officially folded his cards for the Derby on Sunday, but the rot set in for the Kiwis two days earlier at Melton. That, of course was when President Roydon, the former All-Star alumni recently transferred to Kerryn Manning was beaten at red-figure odds in a key Derby lead-up event. Having finished second to Enghien at four of his previous five outings, President Roydon was expected to dominate a gifted if not quite elite group of adversaries at Vic Harness HQ. Despite comfortably leading that wasn’t to be however as underrated Vicbred Super Series runner-up, Garshaway easily out-sprinted him in the closing stages. The news was slightly better but still somewhat surprising from the juvenile brigade, with ex-Kiwi More Shades Of Gold outgunning Jewels runner-up, One Muscle Hill in Melton’s final event. Unfortunately if gun reinsman Nathan Jack is right, that won’t help the Kiwi or ex-Kiwi brigade from making their mark, on the Redwood Classis as More Shades Than Gold is unlikely to go there. “He’s obviously come over with some pretty good wraps, and his best New Zealand form was right around some of their better two-year-old trotters,” Jack said. “This just didn’t suit him first-up; he was behind the leader at Stawell and they went pretty slowly, but tonight everything just worked out well for him. “He probably won’t go to the Redwood Classic, because I don’t think he gets away too well from the stand, so his main goal will likely be the Breeders Crown which is obviously coming up pretty quickly.”   While there were plenty of equine heroes at Tabcorp Park Melton on Friday night, the best story of the night was a human one. Roughly three years ago, a Swedish Monte rider of Middle Eastern heritage named, Kima Frenning moved to Australia, soon after joining Team Aiken in the hope of furthering her experience with horses.  At the time ridden-trots were gaining a foothold in Victoria and predictably Frenning has been the pre-eminent exponent of Monte riding in this part of the world.  Despite that success, the young horsewoman, who has also been in a long-term relationship with young gun Josh Aiken, decided she wanted to drive and not just ride her standardbred friends.  After an understandably slow start to her career in the cart, Frenning has improved out of sight in recent months and on Friday night she drove her first metropolitan winner.  Without any additional details that would be an incredible achievement, but the fact she recorded the milestone success on a catch drive for Emma Stewart made it even sweeter again.  Another former All Star pacer, Motu Premier further confirmed what a wonderful job he’ll do on Western Australian soil by winning the Chandon Final on Friday night at Gloucester Park.  Now with Ross Olivieri, the Merv Butterworth-trained four-year-old parked out and outclassed his adversaries at WA headquarters to bring his record to seven successes from nine starts on Aussie soil.  While he’s fast headed into some high quality company the way Motu Premier saluted on the weekend would suggest there’s still serious scope for improvement into the future.      As has been become standard transmission in recent years, Emma Stewart made the Southern Cross Finals at Globe Derby her own on Saturday night winning two of the four Group Two deciders.  Teaming with long-time stable owner Bruce Cameron who has made a committed effort to target South Australia’s richest futurity series, Stewart claimed wins with That’s Perfect and Perfect Look in the 2YO boys and 3YO girls’ finals respectively. Victoria pillaged even more folding from the SA coffers when the Nicole Molander-trained Saphirique won the freshman fillies final courtesy of a superb Gavin Lang drive. The locals were not left completely bereft however, as the Megan Gee owned-and driven Somebeachgift went spectacularly well to win the 3YO colts and geldings decider. The night was also notable for Belgian reinsman Sidney Van Den Brande collecting his biggest win on Aussie soil partnering the aforementioned Perfect Look for bosses Emma Stewart and Clayton Tonkin. Adam Hamilton

It was the night we had been waiting for. Emerging trainer Anton Golino and the leviathan team that is Yabby Dams has been threatening to dominate a major meeting. And it happened when they snared two Group 1s and Group 3 at Melton’s huge Vicbred “trotting finals” night last night (Friday). It started when three-year-old Muscle Mass filly Nieta posted her seventh win from just 14 starts when she sat behind main danger, Kyvalley Kyrie, and out-zipped her to win the Group 3 Vicbred Silver Trot. “If they were ever going to beat her tonight was the night when they walked and dashed up the straight, but I think they underestimated her speed tonight,” driver Nathan Jack told harness.org.au. Like so many of the stars of the Vicbred meeting, Nieta’s next main target is the Breeders Crown. Nieta is bred to keep improving being out of La Biscuit, a daughter of former champion trotting mare La Coocaracha. Golino’s enormous depth in three-year-old trotting filly ranks was underlined when another one of his, Kinvara Sue, used the pole to lead and thrash her rivals with Jason Lee aboard in the Group 1 3YO Fillies’ Vicbred final.   Lee broke her his rivals with a 28.6sec split down the back and won by 11.1m in a 2min0.4sec mile rate for 2240m, but the effort of runner-up Margaret Ruth to carry a flat tyre most of the trip was outstanding. “It’s been a tremendous effort by the team to get her to relax and to do that tonight and have the horse outside her there racing very fierce, and for to relax and rip home like that was terrific,” Lee said about Kinvara Sue. “Any win is awesome but when they’ve got Group 1 written behind them that was pretty special. To win my first Group 1 trotters race for Anton and Pat is just awesome. Really enjoy sitting behind a trotter now.” Pat is of course Pat Driscoll, the man, the brains and the money behind Yabby Dams. Driscoll and Golino’s treble came up when Aldebaran Eve, driven by Gavin Lang, led throughout and just held-off favourite Into The Unknown in the Group 1 Vicbred 4YO Mares’ final. “Credit to Anton and the team. She’s probably not the most gifted horse they’ve got but great manners, great attitude and a little bit ability which always helps.” Lang said. Golino praised the his team at Yabby Dams, most notably former All Stars’ travelling foreman Shaun McNaulty “We are starting to get a good team of horses and people,” Golino said. “Young Shaun helps with me with the horses and does a great job.” YOUNG trotting star Wobelee stirs plenty of memories for driver and co-trainer Chris Alford. His fantastic juvenile season of six wins a second and a third from just eight starts has rekindled memories more than 20 years old for Alford. It was 1995 when Alford’s father unearthed the great juvenile trotter Noopy Kiosk, who ranks up with the best baby trotters Australia has seen. Wobelee’s fantastic record, slick times and big winners margins have drawn inevitable comparisons. Throw in the fact Wobelee is trained by Alford’s wife, Alison, and it’s been a pretty special ride this season. Wobelee made it six wins on end and snared his second Group 1 when he won the Vicbred 2YO final at Melton last night by 18.2m. Previously he’d won the Group 1 Vicbred Platinum final by 16.3m on June 3 and the Group 2 Tatlow final before that. “He just likes to race. He doesn’t do a real lot at home. We didn’t have much idea other than that he trotted and he’d make the races until he qualified. He just got better and better each time he goes out. He just wants to get out there and go. He knocked off when he got a long way in front tonight. “I don’t have to ask him (early) he just wants to go. “He’s got his dad’s speed and good for him he’s got better manners.” Wobelee’s “dad” is brilliant but sometimes erratic trotter Down Under Muscles, who won 17 of 41 starts and $216,925 in stakes. ANTHONY Butt’s daring and aggressive driving has won him countless feature races. It proved the difference again last night when Butt surprised a few by leading and holding the front on Enrolled in the Group 1 Vicbred 4YO final (2240m). Many thought Butt might take the “safe” option and take a trail behind hot favourite Maori Law, however Butt had different ideas. Maori Law didn’t enjoy having to do the grunt work, broke under pressure and Enrolled powered to a 7.4m win for Butt and trainer Brent Lilley. Butt capped a double and caused the upset of the night aboard $32.10 outsider Crow Power in the Group 3 Vicbred Silver final. Other drivers to land doubles on the big night were Nathan Jack – Nieta and two-year-old filly Moonshine Linda – and Gavin Lang, who won on Aldebaran Eve and Deltasun in the Group 1 3YO colts and geldings final.   Michael Guerin

With respect to the criminal investigation conducted by Victoria Police, which resulted on 11 January, 2017 in criminal charges being served on harness racing participants Nathan Jack, Amanda Turnbull, Mark Pitt and Lisa Bartley, Harness Racing Victoria (HRV) provides the following update: These criminal charges have been adjourned to Shepparton Magistrates Court for a contested mention hearing on 11 April, 2017. HRV is unable to make any further comment in relation to the Victoria Police investigation. VIC – Update – Harness Racing Victoria (HRV) Media Statement/Police Investigation

Result of the appeals held before the Harness Racing Victoria Racing Appeals and Disciplinary Board on 8 February 2017.  Nathan Jack Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Mr Jack.  Appeal upheld, no restrictions remaining against Mr Jack.  HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis  Appellant Representative: Damian Sheales HRV Representative: Paul Czarnota    Brocq Robertson Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Mr Robertson.  Appeal upheld, no restrictions remaining against Mr Robertson.  HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis Appellant Representative: Damian Sheales HRV Representative: Paul Czarnota   Amanda Turnbull Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Ms Turnbull.  Appeal upheld, no restrictions remaining against Ms Turnbull. HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis Appellant Representative: Sam Tovey HRV Representative: Paul Czarnota    Lisa Bartley Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Ms Bartley.  Appeal upheld, no restrictions remaining against Ms Bartley. HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis Appellant Representative: Sam Tovey  HRV Representative: Paul Czarnota    Mark Pitt Against restrictions imposed by the Stewards under Rule 183 (c) and (d) against Mr Pitt.  Appeal upheld, no restrictions remaining against Mr Pitt.  HRV RAD Board Panel: Tony Burns (Chairman) / Brian Collis Appellant Representative: Sam Tovey  HRV Representative: Paul Czarnota    TRANSCRIPT OF PROCEEDINGS RACING AND DISCIPLINARY BOARD ANTHONY BURNS, Chairman BRIAN COLLIS, Member   EXTRACT OF PROCEEDINGS    NATHAN JACK BROCQ ROBERTSON AMANDA TURNBULL LISA BARTLEY MARK PITT   DECISION   WEDNESDAY 8 FEBRUARY 2017 MR P CZARNOTA appeared on behalf of the HRV Stewards MR D SHEALES appeared on behalf of MR JACK AND Mr ROBERTSON MR S TOVEY appeared on behalf of MS TURNBULL MR H COCKBURN appeared on behalf of MS BARTLEY AND MR PITT  .......................................................................................................................................... This investigation commenced over 18 months ago and an earlier suspension and stay application was dealt with by this Board on 14 September 2016.  Four of the five applicants were recently charged with criminal offences pursuant to the betting outcome provisions of the Crimes Act. These are to be dealt with in the indictable stream and assuming a contest will be through to a committal then trial in the County Court. It is reasonable to presume that the matters will not resolve at least until late in 2018 and possibly even well into 2019.  The Stewards take the suspension action that they have taken in support of the integrity of the industry and its reputation in the eyes of the public.  The integrity of the industry is however a two way street. To have integrity the system must honour the principles of procedural fairness and natural justice towards its participants.  Criminal charges are now filed but must be weighed against the presumption of innocence.  As said in September 2016, by this Board, the fact that charges of themselves carries little weight, it is the evidence underlying those charges which is relevant.   The applicants have not been charged by the Stewards under the Australian Rules of Harness Racing. As to the evidence that has been provided the authorities are clear that cogent and compelling reasons would need to be present to justify any suspension from an industry that provides the livelihood for these applicants. This Board is not privy to the evidence in the police brief. The evidence provided is suggestive of a circumstantial case but one that is denied by the applicants.  There are no certificates creating conclusive proofs here as there were in Demmler before VCAT, a citation of which is 2015 VCAT 648. That was a case against the Tribunal even in the face of conclusive proofs allowed a stay.  Any suspension here approved will effectively ruin the livelihoods of the applicants.  The need to ensure the integrity and reputation of harness racing is indeed a most important consideration.  The public is sophisticated enough however to understand the difference between where charges are laid with the concomitant presumption of innocence and where charges are proven.  Given the suspension here it may create unrecoverable consequences for the applicants. We are not satisfied that the need to protect the integrity of the industry outweighs the damage to the reputation and livelihood of these applicants. Indeed nor are we satisfied that the integrity of the industry will be harmed by the continued involvement of these applicants in the sport pending the outcome of charges.  Accordingly, the decision of the Stewards to suspend all the applicants is stayed.   

24 January 2017 - With respect to the actions taken by Victoria Police on January 11, 2017, where criminal charges were served on harness racing participants, Harness Racing Victoria (HRV) provides the following update: The HRV Integrity Department advises that it is in the process of reviewing submissions made by the legal representatives of licenced participants Mr Nathan Jack, Ms Amanda Turnbull, Ms Lisa Bartley and Mr Mark Pitt addressing why action should not be taken under the Australian Harness Racing Rules (AHRR) against their respective licences to participate in the industry. It is not anticipated a decision will be made today and HRV will update on this matter in due course. HRV is unable to make any further comment.  Harness Racing Victoria

19 January 2017 - With respect to the actions taken by Victoria Police on 11 January, 2017 where criminal charges were served on harness racing Participants, Harness Racing Victoria (HRV) provides the following update; HRV advises that in response to requests from some of the legal representatives of the relevant individuals, the HRV Stewards have granted an extension of time to Mr Nathan Jack, Ms Amanda Turnbull, Ms Lisa Bartley and Mr Mark Pitt regarding the timeframe by which they are required to provide any submissions addressing why action should not be taken under the Australian Harness Racing Rules (AHRR) against the respective licences of the individuals to participate in the industry. Any such submissions are now to be provided by 5.00pm on Monday 23 January 2017 and will be given due consideration thereafter prior to any decision being made. With respect to the Victoria Police investigation, HRV is unable to make any further comment. Harness Racing Victoria

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. On 8 November 2016,Mr Nathan Jack was 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 pleaded not guilty to charge 1 and guilty to charge 2. Subsequently HRNSW withdrew the charge pursuant to Rule 240. Mr Jack was fined $10,000 payable by 24 December 2016. Should the fine not be rendered by that date, Stewards ordered that Mr Jack’s license to drive in races be suspended for a period of 4 months effective immediately. REID SANDERS | CHIEF OPERATING OFFICER (02) 9722 6600 •  rsanders@hrnsw.com.au

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. Reid Sanders    

Harness Racing Victoria (HRV) RAD Board yesterday heard a matter relating to charges issued under the Australian Harness Racing Rules (AHRR) against licensed trainer/driver Mr Nathan Jack. Nathan Jack was charged with 37 breaches under the provisions of AHRR 230 and one breach each under the provisions of AHRR 245 and AHRR 246. All these charges emanated from communication with disqualified person Jackson Painting between January 2015 and October 2016.     Mr Jack pleaded guilty to all these charges and after taking into consideration his early plea of guilt, personal circumstances, offence record and specific and general deterrence, Mr Jack was fined $6000 of which $3000 is suspended for a period of 12 months. Mr Jack also received a further 3 months suspension, fully suspended for the next 12 months, a penalty to be activated if Mr Jack were to breach rules 230, 245 or 246 of the AHRR in the next 12 months. Mr Jack also pleaded guilty to one charge under AHRR 231 (2) and three charges under AHRR 247. All these charges emanated from a Bendigo Stewards inquiry on 11 August, 2016, after the late scratching of the horse Shared Interest which Mr Jack was engaged to drive. Mr Jack was charged for making inappropriate comments towards starter Graeme Morgan after the horse was a late scratching and in relation to behaving in an improper and intimidatory manner at the Stewards Inquiry that evening.              Mr Jack pleaded guilty to all 4 charges and he was fined $1000. Mr Jack also received a further 3 month suspension, fully suspended for the next 12 months, a penalty to be  activated if he were to breach any rules under 231 (2) and 247 of the AHRR in that time.       Harness Racing Victoria 

Harness Racing Victoria (HRV) Stewards have issued 39 charges under the Australian Harness Racing Rules (AHRR) against licensed trainer/driver Mr Nathan Jack. The first 37 charges were issued under the provisions of AHRR 230 which reads as follows: Except with the consent of the Controlling Body a person shall not associate for purposes relating to the harness racing industry with a disqualified person or a person whose name appears in the current list of disqualifications published or adopted by a recognised harness racing authority.  It is alleged that from 7 January 2015 until 23 October 2015 Mr Jack did associate with NSW disqualified person Jackson Painting for the purposes of harness racing, including allegations of communication about the chances of competing horses, race tactics, ownership decisions regarding horses and the purchase of veterinary substances.       One further charge was issued under the provisions of AHRR 245 which reads as follows: A person shall not direct, persuade, encourage or assist anyone to breach these rules or otherwise engage in an improper practice. One charge was issued under the provisions of AHRR 246 which reads as follows: A person who has reasonable grounds for believing that someone is behaving, may behave or has behaved in a way causing, likely to cause or which has caused a breach of these rules shall promptly bring the matter to the notice of the Controlling Body or the Stewards. Both of these further charges also relate to Mr Jack’s alleged communication with Mr Painting. Other information in relation to this matter has been referred to HRNSW Stewards.  These charges will be heard before the HRV Racing Appeals and Disciplinary (RAD) Board on a date to be fixed. Harness Racing Victoria

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