RWWA Stewards have now completed their inquiry with respect to disqualified person Mr Graham Berry arising from the inquiry into the circumstances surrounding the presence of 61 greyhounds at a Nambeelup Park kennel property, the persons associated with these greyhounds and the actions and associations of registered persons with disqualified person Mr Graham Berry.
The inquiry has proceeded in the absence of Mr Berry who was invited to make written submissions in the matter both with respect to conviction and penalty. No submissions were received.
On 19 August 2014, Mr Berry was found guilty to the following charges, which the Stewards on 5 September imposed the penalties as indicated.
In considering the appropriate penalty, Stewards took into account, amongst other things:
– Mr Berry's record during his time registered with RWWA which was poor.
– That he was a disqualified person at the time.
– The seriousness of the offence and the consequences it has had for the Greyhound Industry.
– The extensive number of greyhounds involved, his disregard for the Rules of Racing and failure to adhere to the restrictions of disqualification.
– The need for deterrence both general and specific
Charges and penalties
Three (3) charges under Rule 99 3 (g) as follows:
1. The specifics of the charge related to Mr Graham Berry, being a disqualified person with RWWA, remaining at a place where 60 registered for racing and breeding greyhounds were kept, as discovered by RWWA Officials on 9 April 2014, whilst disqualified.
Ten (10) year disqualification.
2. The specifics of the charge related to Mr Graham Berry, being a disqualified person with RWWA, entered premises of another licensed person where greyhounds were kept, to collect Ceejay Shambi and her 9 pups by Magic Sprite and relocate them to his premises, as discovered by RWWA Officials on 9 April 2014, whilst disqualified.
Five (5) year disqualification
3. The specifics of the charge related to Mr Graham Berry, being a disqualified person with RWWA, entered premises of another licensed person where greyhounds were kept to collect Cosmic Wild and an unnamed adult greyhound out of Rumble Supreme/Kalden Gem ear branded WBARB and relocate them to his premises, as discovered by RWWA Officials on 9 April 2014, whilst disqualified.
Five (5) year disqualification.
4. Rule 91(c) relating to contempt at the Stewards inquiry he attended at Ascot on 10 July 2014 – Fine $1,000
5. Rule 86(g) relating to insulting language to the RWWA Principal Investigator as he left the Stewards inquiry on 10 July 2014 – Fine $1,000
6. Rule 86(f) relating to insulting language to the RWWA Principal Investigator during a kennel inspection conducted on 9 April 2014– Fine $500
7. Rule 86(q) relating to making an act that is detrimental to the control of greyhound racing by making a false report to the WA Police on the 9 April 2014 in an attempt to prevent the Stewards from lawfully entering his property on the 9 April 2014. – Five (5) year disqualification.
The periods of disqualification issued are to be served concurrently. In summary Mr Berry has been disqualified for a period of 10-years and fined $2,500.
Pursuant to GAR100, as Mr Berry was found to have breached the restrictions of disqualification (GAR99), his 12-month penalty of disqualification issued on 31 October 2013 for a breach of GAR86(o), (which was recommenced on 1 January 2014 following a previous breach of this rule), is again recommenced as from 9 April 2014 and expires on 8 April 2015.
Stewards have also directed that the penalties of disqualification now issued are to commence after the 12-month disqualification has been served, and accordingly the 10-year disqualification shall expire on the 8 April 2025.