Thoroughbred Stewards Inquiry Mr Damian Miller
RWWA Stewards yesterday finalised the inquiry into a report received from RWWA Senior Investigator, Mr Geoff Johnson regarding complaints received by Owners Mr G Daws, Mr I & K Kazmer, and Mr G Williams in relation to their financial dealings with Mr Miller for the purchase of a SEPOY/PARADISE PARK filly in March 2017 now known as WAR IN PARADISE.
At the time of this inquiry commencing, Mr Miller had not been licensed in any capacity following a direction issued to him by the Stewards on 21 June, 2017 when he was a licensed trainer that he was not permitted to nominate any horses to race due to a separate matter involving an industry related debt. Mr Miller’s trainer’s licence then expired on 31 July, 2017 with him being unlicensed since that time.
The inquiry commenced on 10 January 2018 with evidence taken from the above named persons and also Mr R Bonnici, Part-Owner of a EUROZONE/KEEPER SPECIAL filly now named SLEDGEHAMMERED.
The inquiry was subsequently adjourned to allow Mr Johnson to conduct further interviews relating to the evidence given at the original hearing. The inquiry then resumed on 21 February 2019 with further evidence being taken from Mr Miller and was then adjourned until 25 February 2019 to have Mr Miller present his financial records for the time period involved.
Mr Miller was subsequently charged with three offences of an improper action in connection with racing under AR 175 (a), which states;
The Principal Racing Authority (or the Stewards exercising powers delegated to them) may penalise;
(a) Any person who, in their opinion, has been guilty of any dishonest, corrupt, fraudulent, improper or dishonourable action or practice in connection with racing.
The details of the charges laid against Mr Miller were as follows:
Charge 1: The improper action being that after selling shares in the ownership of War In Paradise to Mr I Kazmer, Mr K Kazmer, Mr M McArthur, Mr B Berry and Mr G Williams and receiving payment from them he failed to pay the original owner and seller Mr Graham Daws the full amount and retained part of the funds.
Charge 2: The improper action being that after receiving a sum of money from Mr G Williams being for his share in the ownership of War In Paradise he failed to refund him any part of that amount as reimbursement for the financial loss he suffered when his original share of ownership was reduced as a result of him withholding part of the funds from the original owner and seller, Mr G Daws.
Charge 3: The improper action being that after receiving a sum of money from Mr R Bonnici for a 5% share in the ownership of SLEDGEHAMMERED which he sold to him on behalf of the owner, Mr Karl Kazmer he withheld that amount in full from Mr K Kazmer without his consent or authority.
Stewards granted an adjournment for Mr Miller to be provided with the audio recordings of the inquiry to allow him to review the evidence prior to entering his pleas to the three charges.
Mr Miller was then unable to be contacted despite numerous attempts by the Stewards before then entering not guilty pleas to Charges 1 & 2 and a guilty plea to Charge 3 in writing on 9 July 2019. Mr Miller subsequently advised that he did not wish to attend a resumption of the inquiry in person to provide submissions in support of his not guilty pleas and a written submission was received from him on 16 July 2019.
Following consideration of the charges, Mr Miller was found guilty to Charges 1 & 2 on 22 July 2019 with the determination of the Stewards in finding him guilty being provide in writing. Mr Miller then provided penalty related submissions to the Stewards in writing later that day.
After consideration of the matter of penalty, Mr Miller was advised of the following penalties:
- Charge 1- 18 months disqualification
- Charge 2-12 months disqualification
- Charge 3-6 months disqualification
Stewards determined the penalties are to be served concurrently and backdated to 31 July 2018 meaning that the expiry date of the disqualifications will be 30 January 2020. It was decided that a complete backdating of penalty to when his trainer’s licence was suspended was not appropriate in the circumstances. Such backdating would also have resulted in the penalty being effectively nugatory at the time of issue given the delay in that being dealt with which was largely attributable by the actions of Mr Miller which was also unsatisfactory in the circumstances.
When assessing penalty, Stewards took into account the following factors:
- The seriousness of the offences which resulted in Owners suffering financial loss
- The need for the penalties to achieve a deterrent effect both specific and general
- Mr Miller’s intention of restitution to the Owners
- His prior good record over an extensive period