'Last chance' for Small

EMBATTLED harness trainer Geoff Small has been given one "last chance" by the Judicial Control Authority which has replaced a six-month suspension with a $10,000 fine.

Small was successful in his appeal because of a poorly written rule, a repeat of the scenario surrounding his recent escape from a two-year drug ban imposed in Sydney.

And, just as in that case, Harness Racing New Zealand will now review the wording of the rule to close the loophole.

The appeal committee, chaired by Sir John Hansen, confirmed Small to be guilty of a serious racing offence when he petulantly scratched All Tiger from a race at Addington last October in retaliation at Changeover being ruled unfit to start in the same race.

Hansen said he rejected evidence from Small that he did not call the club's vet Corin Murfitt a "f---ing old c---" and rejected his denial that he did not hear chief stipe Neil Escott say he would not scratch All Tiger and that Small would have to contact the club secretary.

The chairman found Small to be "disingenuous" and "evasive" in giving evidence.

It was obvious Small was incensed by the decision of the vet and the subsequent refusal of Escott to allow a change of driver for All Tiger, he said.

Hansen accepted that while Small's language throughout his heated conversation with Escott included the word "f---", or its derivatives, the words in question were directed at the vet.

The words were insulting and abusive but the question was whether the club vet fitted within those referred to in the rule.

The rule under which Small was charged referred to the penalties for uttering insulting or abusive words to a judicial committee, appeals tribunal, HRNZ, the chairman, vice-chairman, the executive, the stewards or committee of a club or any member or official of any such body or any stipendiary steward or racecourse inspector.

On the evidence, Hansen said he could not determine whether Murfitt was an official of the committee or club or employed by the club or an independent contractor.

"We consider there to be a lacuna [missing part] in the rules in that it should be a serious racing offence to insult or abuse the official veterinary surgeon."

Hansen noted Small had a history of non-compliance with many rules and had been warned in October 2008 that future breaches would result in suspension or disqualification.

While the charge was brought under the serious racing offences, when compared with fraudulence and corruption it was at the lower end of the scale.

"However, to mark the seriousness of the offending and Mr Small's repeated breaches, we impose a fine of $10,000, but make it clear to Mr Small that he is being given a last chance."

- © Fairfax NZ News