Harness Racing Victoria (HRV) Stewards have concluded an inquiry into the ‘HRV Infectious Disease Declaration’ completed by registered owner Mr Michael Maraniti and his activities whilst present at the Ballarat race meeting on 19 November 2020.
During the inquiry, evidence tendered by Mr Maraniti and Mr Tony Calabria on 19 November 2020 was considered, along with further evidence provided by Mr Maraniti and Mr Calabria at the resumed inquiry.
Upon consideration of all the evidence Stewards issued the following charges under the Australian Harness Racing Rules (AHRR).
Charges
Michael Maraniti
Mr Maraniti was issued with three charges under the AHRR.
Charge 1 was issued under AHRR 209 which states:
209. A person employed, engaged or participating in the harness racing industry shall not knowingly or recklessly furnish false information to the Controlling Body, the Stewards or anyone else.
The particulars of the charge were that at the Ballarat race meeting on 19 November 2020, Mr Maraniti furnished false information to Harness Racing Victoria and the Harness Racing Victoria Stewards, by declaring a false licence number when completing an ‘Infectious Disease Declaration’ and thereby gaining entry to the racecourse.
Charge 2 was issued under AHRR 238 which states:
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.
The particulars of the charge were that Mr Maraniti failed to adhere to the HRV Covid-19 Raceday Requirements by attending the Ballarat race meeting on 19 November 2020 when prohibited from doing so as he was not the holder of a current licence with an engagement at the meeting.
Charge 3 was issued under AHRR 91(1)(a) which states:
91. (1) A person shall not carry on an activity regulated by licence -
(a) if that person is not the holder of a current licence;
The particulars of the charge were that at the Ballarat race meeting on 19 November 2020 Mr Maraniti handled a horse when not the holder of a current licence.
Tony Calabria
Mr Calabria was issued with two charges under the AHRR.
Charge 1 was issued under AHRR 239A which states:
239A. A person whose conduct or negligence has led or could lead to a breach of the rules is guilty of an offence.
The particulars of the charge were that Mr Calabria transported registered owner Mr Michael Maraniti to the Ballarat race meeting on 19 November 2020 and was negligent in failing to ensure Mr Maraniti held a licence and by failing to do so led to Mr Maraniti entering the racecourse when otherwise prohibited from doing so resulting in Mr Maraniti breaching AHRR 238 .
Charge 2 was issued under AHRR 90A(2.9)(a) which states:
90A. (2.9) (a) The holder of a trainer's licence shall ensure that all persons carrying out the activities of a stable hand are licenced as stable hands.
The particulars of the charge were that Mr Calabria permitted Mr Michael Maraniti, who did not hold a licence, to handle a registered standardbred at the Ballarat meeting on 19 November 2020.
Penalties
Michael Maraniti
In assessing penalty Stewards considered the following factors:
- Mr Maraniti’s guilty plea and clear prior record;
- The seriousness of the rule breach, noting the importance of the Covid-19 Raceday Requirements in ensuring the continued viability of the industry;
- Denunciation and deterrence factors;
- Mr Maraniti’s personal circumstances.
Stewards accordingly imposed the following penalties:
Charge 1 – 3 month disqualification
Charge 2 – 3 month disqualification
Charge 3 - $200 fine
Stewards ordered that the periods of disqualification commence immediately and be served concurrently.
Tony Calabria
In assessing penalty Stewards considered the following factors:
- Mr Calabria’s guilty plea and good prior record;
- The seriousness of the rule breach, noting the importance of the Covid-19 Raceday Requirements in ensuring the continued viability of the industry;
- Denunciation and deterrence factors;
- Mr Calabria’s personal circumstances.
Stewards accordingly imposed the following penalties:
Charge 1 - $500 fine with half suspended for a period of 12 months providing there are no further breaches of the HRV Covid-19 Raceday Requirements.
Charge 2 - $200 fine