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NSW trainer and stablehand disqualified for failing to forward payments to auction house

Racing NSW Stewards on Friday conducted a hearing of charges issued against licensed trainer Mr Tim Martin and stablehand Mr Justin Webb under AR229(1)(a) of engaging in an improper action.

Mr Tim Martin

Mr Martin was assisted by solicitor Mr H Esplin.

Mr Martin pleaded guilty to a charge of engaging in an improper action under AR229(1)(a) in respect to the purchase of 2015 High Chaparral x Eileen Filly in January 2017, in that he failed to pay all funds to New Zealand Bloodstock that he had received from the purchasers for a 55% share of the Filly.

Penalty

The Stewards considered the following matters in respect to penalty;

1. Mr Martin’s guilty plea
2. His good record in respect to like offences.
3. The seriousness of the offence.
4. Impact a penalty would have upon his business and staff.
5. Precedent penalties.
6. What message is to be given to this individual to not only ensure that in the future this type of conduct is not repeated, but to also ensure that there is an appropriate penalty imposed to indicate the response to the community of integrity issues.
7. What general message is required to be sent to the community at large to indicate to those who might be likeminded to engage in such conduct, what the likely consequences are, and, secondly, to indicate to the broader community who are not likely to engage in the type of conduct that, should it be detected, they, whether they be wagerers or people just generally interested in the individual code, will know that it is operating at the highest possible standards.

Having considered all matters the Stewards determined that the appropriate starting point being a period of disqualification of 9 months. Taking into account Mr Martin’s guilty plea and mitigating factors, including but not limited to those detailed above, the penalty was reduced by 3 months. Accordingly, Mr Martin was disqualified for a period of 6 months to commence immediately and to expire on 9 February 2020.

Mr Justin Webb

Mr Webb failed to attend today’s hearing and in accordance with a notice sent to him on 18 June 2019 the charge was determined in his absence.

Mr Webb was found guilty of a charge under AR229(1)(a) in that after agreeing to purchase 2015 So You Think x Rose Red Filly in June 2017, he failed to pay funds for 17.5% share in the Filly to the owner when he had received such funds from the purchasers.

Penalty

The Stewards considered the following matters in respect to penalty;

1. The seriousness of the offence.
2. Precedent penalties.
3. What message is to be given to this individual to not only ensure that in the future this type of conduct is not repeated, but to also ensure that there is an appropriate penalty imposed to indicate the response of the community to integrity issues.
4. What general message is required to be sent to the community at large to indicate to those who might be likeminded to engage in such conduct, what the likely consequences are, and, secondly, to indicate to the broader community who are not likely to engage in
the type of conduct that, should it be detected, they, whether they be wagerers or people just generally interested in the individual code, will know that it is operating at the highest possible standards.

Having considered relevant factors in respect to penalty, the Stewards determined that the appropriate penalty be a period of disqualification of 9 months to commence immediately and to expire on 9 May 2020.

Stewards: M F Van Gestel (Chairman)
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