Harness Racing New South Wales (HRNSW) Stewards have concluded an Inquiry that commenced on Tuesday 6 February 2024 in relation to three (3) directions issued by HRNSW Stewards to Mr Aaron Goadsby on the following dates:
- 17 January 2024;
- 30 January 2024;
- 1 February 2024.
Each of the directions issued by HRNSW Stewards to Mr Goadsby required him to produce inter alia mobile telephones used by him during a period of disqualification imposed upon him which commenced on 6 December 2023. In particular, the direction dated 17 January 2024 required Mr Goadsby to produce the following:
“… within 48 hours of [Mr Goadsby’s] return to Australia from any overseas location…any mobile phone(s) used by [Mr Goadsby] during the Disqualification Period”. (Mobile Phones)
A number of exhibits were entered at the Inquiry, consisting primarily of email correspondence and letters between HRNSW, Mr Goadsby and respective legal representatives for both parties.
At the conclusion of the evidence and following consideration of that evidence, HRNSW Stewards issued three (3) charges against Mr Goadsby pursuant to Australian Harness Racing Rule (AHRR) 187 (3) & (7) as follows:
AHRR 187. (3) A person shall comply with an order or direction given by the Stewards.
…
(7) A person who fails to comply with any provision of this rule is guilty of an offence.
The particulars for each of the charges were as follows:
Charge 1
That you Mr Aaron Goadsby did fail to comply with a direction given by HRNSW Stewards on the 17th of January 2024 to produce mobile phones used by you during the period of your disqualification.
Charge 2
That you Mr Aaron Goadsby did fail to comply with a direction given by HRNSW Stewards on the 30th of January 2024 to produce mobile phones used by you during the period of your disqualification.
Charge 3
That you Mr Aaron Goadsby did fail to comply with a direction given by HRNSW Stewards on the 1st of February 2024 to produce mobile phones used by you during the period of your disqualification.
After being informed of the charges and the particulars of each charge, Mr Goadsby requested an adjournment to obtain legal advice in respect of his plea for each of the charges.
HRNSW Stewards acceded to Mr Goadsby’s request and provided a period of 7 days for Mr Goadsby to provide a plea in relation to each of the charges. Mr Goadsby was further informed that should he enter a not guilty plea, a defence to the charge(s) was also required in writing.
On 13 February 2024, through his legal representative, Mr Goadsby pleaded not guilty to each of the three (3) charges.
Following further email correspondence between HRNSW and Mr Goadsby’s legal representative, defences to each of the charges were provided on 14 February 2024.
On 5 March 2024, following consideration of the evidence and Mr Goadsby’s defences to the charges, HRNSW Stewards informed Mr Goadsby they had found Charge 1 proven against him. In addition, at that time, HRNSW Stewards informed Mr Goadsby that as Charge 1 had been proven, it was not necessary for HRNSW Stewards to determine Charges 2 & 3.
Following that decision of HRNSW Stewards, Charges 2 and 3 were subsequently withdrawn by Stewards by letter to Mr Goadsby dated 26 March 2024. The directions the subject of Charges 2 and 3 dated 30 January 2024 and 1 February 2024 were subsequently withdrawn by Stewards by letter to Mr Goadsby dated 19 April 2024.
On 26 April 2024, Mr Goadsby’s legal representative provided submissions in relation to penalty.
In considering penalty, HRNSW Stewards have given consideration to all of the circumstances of this matter, including all of the submissions provided on behalf of Mr Goadsby, together with AHRR 256. Mr Goadsby is convicted of Charge 1 and Stewards announce the following penalty:
- Mr Aaron Goadsby is warned off until such time as he produces the Mobile Phones in compliance with a direction of HRNSW Stewards issued on 17 January 2024;
- Following production of the Mobile Phones in compliance with a direction of HRNSW Stewards issued on 17 January 2024, Mr Goadsby is disqualified for a period of 12 months.
Mr Goadsby was advised of his right to appeal this decision of the HRNSW Stewards.
