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L.B.Harper.
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23 December 2015
RWWA Integrity Assurance Committee (IAC) – Variance of Warning off conditions - Mr. L. B. Harper
In December 2013, following the issue of a ‘show cause’ notice and subsequent hearing the IAC resolved to exercise its powers under Section 44(1)(e) of the Act to issue Mr Lindsay Harper with a ‘warning off notice’ in accordance with Regulation 72 (1) of the RWWA Regulations.
Since the issuing of the warning off, Mr Harper has made a number of approaches to the IAC to have his status reviewed.
At the direction of the IAC, Mr Harper appeared before Stewards on 1 October 2015 with respect to his most recent application seeking a review.
At the interview before Stewards, Mr Harper put forward; That his immediate future intentions were to have the ‘warning off’ lifted for reasons of family so that he could support his two sons involved in the industry That he does not wish to apply for a licence at this time or own any horses He assured Stewards he would respect the terms of any relaxation of ‘warning off’ and would not have any involvement with activities that were restricted to licensed persons That his return to the race course would be as a member of the public only and that he would not enter areas restricted to licensed persons That he has not offended in any way during his period of warning-off and has not incurred any criminal or other convictions
The Stewards advised the IAC that they did not object to consideration being given to the varying of the terms of the ‘warning-off’ on family grounds, however that any return from warning off should be a staged process.
Mr Harper, appeared before the IAC on the 24 November 2015 to personally address his application and provide such personal assurances as he was able to do so. At the hearing the Stewards reiterated their concerns with respect to a complete lifting of warning off and recommended that instead a variation in the restrictions that apply be considered subject to various conditions.
In considering his application the IAC took into account; The views and opinions of the Stewards That Mr Harper has effectively been excluded from the industry for a period of 11-years after initially being disqualified for five (5) years. Although this was due to his own actions that led to the period of disqualification being recommenced, with the additional 2-years of being warned off a considerable time had elapsed during which Mr Harper has not come to the attention of Racing or other authorities. His personal assurance as made at the interview with the Stewards on 1 October 2015 and before the IAC on 24 November 2015.
Numerous references made on his behalf from many prominent industry persons previously submitted. That the IAC had when determining to issue the ‘warning off’ indicated that “Mr Harper’s warning off need not be permanent. In due course, with the passage of time and appropriate comfort that he is no longer the man who his record might indicate, the IAC is open to considering further application by Mr Harper for the lifting of his warning off.” That without providing a limited opportunity for Mr Harper to demonstrate that his attendance on a race course may no longer be “prejudicial to the proper conduct or control of racing or any other lawful activity carried on at a race course (R72 – RWWA Regulation 2003)” it would otherwise be difficult for him to overcome the ‘warning off’
Whilst not without some reservation, the IAC were of the view that given the passage of time in particular and Mr Harper’s personal assurances, that he ought to be given a limited opportunity to demonstrate his limited participation in racing as a member of the public would not by prejudicial to the wider interests of the industry.
In this respect the IAC has resolved to vary the described restrictions that apply to a warned off person to give effect to the following.
1. Mr Harper is able to enter as a member of the public any racecourse or place under the control of a club or Controlling Body or other premises used for the purposes of the harness racing industry including those occupied by other licensed persons provided that when doing so he does not engage in any activity which can only lawfully be carried on under licence. 2. Mr Harper is not to associate with persons connected with the harness racing industry for purposes relating to the training, acquisition, driving, treatment, preparation or other aspects of harness racing. This includes but is not limited to, the handling, feeding or treatment of any horses or any contact with the horses beyond visual inspection. 3. Mr Harper is able only to associate with his sons for purposes relating to harness racing by offering verbal advice and assistance and is not to engage in any direct or ‘hands-on’ contact with their or anyone else’s horses. 4. Mr Harper is able to agist horses at his premises, provided that at no time are these to be in work or otherwise engaged for racing and that prior notice of any horses being placed there has been given to the Stewards. 5. Mr Harper is not to be registered as an owner of any horses or otherwise hold directly or indirectly any financial interest in any horse. 6. Mr Harper is not restricted with respect to wagering as a member of the public. 7. The remaining restrictions would continue to apply.
Further it is a condition that in the event that Mr Harper was found to have breached any of these restrictions, or otherwise committed any offences under the RWWA Rules of Racing that this decision of the IAC would immediately cease to apply and the full restrictions of warning-off would apply.
Following a period of not less than 6-months and on the provision that Mr Harper has adhered to the terms of the restrictions as described, the matter to be reviewed and further consideration be given to lifting the warning off in full.
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