MAR 3 - GALLAGHER WINS APPEAL

By Graham Potter | Thursday, March 3, 2011

The Racing Queensland Limited (RQL) First Level Appeals Committee today heard the appeal by licensed bookmaker Mr Lindsay Gallagher.

Gallagher had previously pleaded guilty before stewards to 13 charges of making bets with a person not present at a race meeting in circumstances in which the bets were not made through an approved telephone system. That is, that he had taken 13 bets over his personal mobile telephone while fielding at Doomben.

Gallagher had been suspended by stewards for one month and he appealed this penalty to the Appeals Committee.

Gallagher had also been found guilty by stewards of 10 charges of not recording bets made through his Tabcorp account while he was fielding. Gallagher was fined $2000 in respect of these charges and appealed the finding.

In relation to the appeal against the penalty on the 13 charges of taking bets on a personal mobile telephone from a person not present, the Committee, which was made up of Mr John Blakeney, Dr Tony Fitzgerald and Mr Les Geeves, found that the penalty imposed by the stewards was excessive and reduced the penalty to the length of the suspension already served (five meetings over nine days).

In relation to the 10 charges alleging that Gallagher had failed to record bets placed through his Tabcorp account while fielding, the Committee found that while the person that placed the bets had Gallagher’s authority, he was not an agent of Gallagher for the purposes of the relevant rule and so upheld Gallagher’s appeal.

In their final report in this regard the Committee stated that, ‘the appeal substantially relates to the definition of the words ‘any agent’ in Local Rule 93 (8).

‘It is submitted by Mr Glynn that Mr Wilson whilst having the authority to act on Mr Gallagher’s TAB account did not act for or on behalf of Mr Gallagher when making his bets. There is no evidence to suggest that Mr Wilson did not act anything but on his own behalf.

‘The Appeal Committee is of the opinion that normal interpretation of the word agent refers to a person who is given authority to act for and on behalf of another person. There is no evidence before us that indicates that Mr Wilson was at any time acting for and/or on behalf of Mr Gallagher.

‘Accordingly, we do not find that Mr Wilson acted as Mr Gallagher’s agent and as a result of that finding Mr Gallagher is not required to record bets made by Mr Wilson.

‘The appeal is upheld and we order the appeal fee to be refunded to the Appellant.’

RQL responded to the finding by stating: ‘This finding renders the rule inoperative in that it allows bookmakers to have bets made on their account through a person with their authority but to escape the requirements of the Rules in relation to the proper recording of that bet.

Such an interpretation was certainly not intended by those that drafted the Rules. Indeed, this is exactly the type of conduct sought to be captured by the Rule. Such an interpretation has the potential to prevent stewards from ensuring integrity in the betting ring and accordingly, RQL will immediately appeal this finding to QCAT.’

One point, off the main subject, would have left the press contingent shaking their heads.

On appeal today, Mr John Griffin SC for the stewards argued that transparency was important to the stewards and that this hearing should be open to the press. He said there was no reason to close it.

The Appeal Committee rejected these submissions and excluded the press … just as the racing stewards themselves had done when adjudicating a race inquiry one week earlier.

Score a negative two for the system … and well, as for transparency, it appears to be a word that is bandied about as if it means something while, in truth, it actually describes something that will continue to lack any real substance if it is seldom allowed to be part of the proceedings.

For the record, these were the original findings against Gallagher as released by RQL stewards on February 22.

‘Racing Queensland Limited (RQL) Stewards today concluded an Inquiry into licensed Bookmaker Lindsay Gallagher’s use of his personal mobile phone at the Brisbane Racing Club meeting held at Doomben on Saturday 29 January 2011.

Today the Inquiry was expanded to include the following:
1. Mr Gallagher’s use of his personal mobile phone to take bets on Saturday 29 January 2011;
2. The recording of those bets into his ledgers;
3. Tabcorp records that indicated that an account in Mr Gallagher’s name had been utilised to make bets between September 2010 and November 2010 whilst Mr Gallagher was operating as a Bookmaker which do not appear in his ledgers; and
4. Mr Gallagher’s general use of his personal mobile phone whilst operating as a Bookmaker.

After considering all of the evidence provided Mr Gallagher pleaded guilty to thirteen (13) charges under LR89(1) which reads:
Subject to sub-rule (2) a Bookmaker shall not make a bet with a person who is not at the material time present at the racing venue where the Race Meeting is being held.

The specifics of these charges related to licensed Bookmaker Mr Lindsay Gallagher making a bet at the Doomben meeting on Saturday 29 January 2011 with a person who was not at the material time present at Doomben in circumstances in which the bet was not made through an approved telephone bookmaking system.

Stewards considered that in the circumstances a single penalty for the thirteen (13) charges was appropriate and suspended Mr Gallagher’s Bookmaker’s licence for one month effective immediately.

Mr Gallagher was found guilty of eight (8) further charges under LR93(2)(a) which reads:
A Bookmaker shall:
(a) ensure that a complete record of a betting transaction is available at any time.

The specifics being that licensed Bookmaker Mr Lindsay Gallagher failed to ensure that a complete record of a betting transaction was available whilst operating as a Bookmaker on 29 January 2011 in that the time of eight (8) bets placed throughout the afternoon did not record the true time at which the bet was made.

Mr Gallagher was fined $4,000.

Further to this, Mr Gallagher was found guilty of ten (10) charges under LR93(8) which reads:
A Bookmaker shall record any bet made personally, through any agent, bookmakers clerk, or placed by any private entity in which they have any financial interest into his betting records immediately, clearly stating the name of the Bookmaker with whom the bet was made, and in case of a cash bet the number of the relevant betting ticket and of such bet is placed on the totalisator,
it must indicate when and where such bet was made.

The specifics being that during the period of September 2010 to November 2010 licensed Bookmaker Mr Lindsay Gallagher did not record bets made through his Tabcorp account immediately into his betting records.

Mr Gallagher’s was fined $2,000.

At the conclusion of the Inquiry Mr Gallagher was advised that his permission to use his personal mobile telephone whilst operating as a Bookmaker would remain withdrawn until further notice.