THE SUNSHINE COAST NEWSPAPER COLUMN - RACING'S JUSTICE SYSTEM. THERE HAS GOT TO BE A BETTER WAY

By Graham Potter | Sunday, January 24, 2016

Graham Potter writes a weekly column for the Sunshine Coast daily. Due to demand from those having trouble accessing the paper these columns are now also published on HRO courtesy of the Sunshine Coast daily.

I know this is a racing column but bear with me for a minute.

The National Rugby League (NRL) has a judicial process which it has claimed is ‘the benchmark for disciplinary procedures amongst sporting codes in Australia.’

As I understand it, in the NRL the Judiciary Code Of Procedure effectively starts with a Match Review Committee which, importantly, is made up of people who have either been a former NRL referee, coach or player.

If that committee deems that someone should be charged over an incident that matter then moves on to the Judiciary, a panel chaired by a person who has previously served as a Supreme, Federal or High Court judge.

Both the Match Review Committee and the Judiciary act independently and their decisions are immune from both review and lawsuit. Decisions are thus binding on all clubs and persons who are ‘BOUND BY THIS CODE.’

In certain cases an Appeal Process can be launched. This can only be undertaken with the permission of the Chairman of the Judiciary.

So it is a cast iron procedure, the overall structure of which is clear to everybody ... as are the particular prescribed, predetermined penalties that are in play.

Set penalties for various infringements, based on a points system, ensure consistency and fairness in penalties imposed. Charges range from a Grade 1 level (the lightest grading) to Grade 5 (the most serious). Penalties accrue accordingly.

Those charged do have options.

Taking an early guilty plea and accepting the grading entitles them to a possible 25 per cent reduction of the base penalty. Alternatively, they can enter a not guilty plea or a guilty plea but dispute the grading. If found guilty at the subsequent hearing, the player receives no reduction unless the panel reduces the grading. Other possible outcomes are also listed.

Again, everyone knows where they stand and are ‘BOUND BY THIS CODE.’

No long delays. No stay of proceedings! Just swift justice administered in a manner which was clearly understood before any offence even occurred and handled with appropriate speed after the fact.

In fact most NRL charges are done and dusted within a week ... and nobody steps outside the game.

Do you get where I’m going?

Of course the NRL is not horseracing.

The difference is huge in terms of what actions can be caught on video, dealing with animals who can’t give their version of events, grey areas of science, debates about performance enhancing drugs and the magnitude of the decisions involved when dealing with people’s future livelihoods.

But clearly one judicial procedure is working and one is not.

Would it not be prudent if those holding the reins on the system that is not working look to see if they can glean a better model by taking aspects that they could apply from the system that is working, both in its simple yet solid structure and the swift manner in which it brings matters to a conclusion?

While there are independent component parts, the NRL’s Judiciary system is based on an established in-house protocol which is accepted by all participants who are BOUND BY THIS CODE.

Looking at the ongoing, unsatisfactory workings of racing’s justice system, racing could do a lot worse than go to work on a new, finite, judiciary plan and then find a way to enforce it, as the NRL has done.

That would at least spare us the circus we have now.

Case closed.