Participant charged after abusing Steward

HRNSW Stewards issued four charges against Mr Berry pursuant to Australian Harness Racing Rules (AHRR).

Charge 1 –

AHRR 231 (1)(a) & (d)   

231 (1) A person shall not:-

1. threaten

(d)  abuse

Mr Berry following a Stewards Inquiry held at the Wagga Harness Racing Club on Wednesday the 31st of March 2021, did abuse and/or threaten Mr Michael Prentice, Integrity Manager with Harness Racing NSW.

Charge 2 –

AHRR 187 (5) 

187 (5) A person shall not abuse, intimidate or be deliberately obstructive of the Stewards.

Mr Berry following a Stewards Inquiry held at the Wagga Harness Racing Club on Wednesday the 31st of March 2021, did abuse Mr Michael Prentice, Integrity Manager with Harness Racing NSW and/or were deliberately obstructive of the HRNSW Stewards during an Inquiry.

Charge 3 –

AHRR 248

248.  A person shall not say, publish or write or cause to be said, published or written anything malicious, intimidatory, obscene, offensive, defamatory, racist, threatening, harassing, discriminatory, abusive or otherwise improper about the Controlling Body, its members and employees or the Stewards or anyone else associated with the Harness Racing Industry.

Mr Berry following a Stewards Inquiry held at the Wagga Harness Racing Club on Wednesday the 31st of March 2021, did say obscene, offensive, threatening and abusive comments about Mr Michael Prentice, Integrity Manager with Harness Racing NSW.

Charge 4 –

AHRR 238

238. A person shall not fail to comply with any order, direction or requirement of the Controlling Body or the Stewards relating to harness racing or to the harness racing industry

Mr Berry following a Stewards Inquiry held at the Wagga Harness Racing Club on Wednesday the 31st of March 2021, did fail to comply with a direction of HRNSW Stewards to leave the Steward’s room at the Wagga Harness Racing Club and/or fail to comply with a direction to leave the racecourse at the Wagga Harness Racing Club.

Mr Berry was found guilty of all charges.

Charge 1 – 2 years and 6 months disqualification of licence

Charge 2 – 12 months disqualification of licence

Charge 3 – 2 years and 6 months disqualification of licence

Charge 4 – 3 months disqualification of licence

Stewards ordered that Charge 1,2 and 3 are to be served concurrently and cumulative to Charge 4

In total Stewards announce a disqualification period of 2 years and 9 months to commence from Wednesday 31st March 2021.

Mr Berry was further advised that a 12 month suspension of license which was fully suspended for a period of 2 years on the condition of good behaviour will be activated as Mr Berry did not meet the conditions of such penalty.

In determining penalty, Stewards gave consideration to the following matters:

• The serious nature of the offences;

• Mr Berry’s not guilty pleas;

• Mr Berry’s overall licence history and other personal subjective facts.

Mr Berry was informed of his right to appeal the decision of HRNSW Stewards.

 

HRNSW