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    Commission of Inquiry With Logo

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    9 views14 pages

    Commission of Inquiry With Logo

    Uploaded by

    TOPFM
    Commission of Inquiry With Logo

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    of 14
    INTERIM REPORT - CREATION OF A SPECIALST CRIMINAL INVESTIGATION TEAM uigooucrion 4 The Commission of inquiry wae appointed to address the Terms of Reference at Append A and the sues relevant to this document (cand date highlighted in red in the Append 2. The Commission nearing the end of ts prindpal evidence gathering phase which ‘commenced on the 17° November. By the end ofthis weok over 80 witnesses wil have ‘deponed before the Commission underoath. Many of these witnesses have supplied “supporting documentary evidence and information. Als, over the past two months, in addition othe formal inquiry Pan! stiggs the Commision has gathered further evidence and information rom a wide range of documents and materials connected with the ‘management and administration of horseracng n Maurits. |. Onthe basis ofthe evidence and information received s far the Commission has concluded shat: “+ theres prima fc evidence that certain persons have commited an continue to commit rina ffence’s of cheating (s defined inthe Gambling Regulatory ‘Authority Act 2007, Seton 146) In horseracing and betting io Mauris |+thereis maladminstration, bordering on ‘institutional corruption, within the ‘Mauritius Trt Club (MIC) that perpetuates an envionment in which the suspected erina acy is allowed to louis; 44. Inpartcular there are flings in governance which make itextremely difict for the ‘members ofthe MTC to exercise ks oversight ofthe Board of Administrators, Spectic ‘amples are: ‘ ‘+ the granting of» Stable Manager’ Licence to Paul Foo Kune who, whatever the factual situation, widely regarsed as 2 bookmaker; 1 there-engagement ofan Paterson as Director af Racing bythe MTC 2013. Also the folowing issues ae levant; + the condition of employment of jockeys make them wuinerable to the potentialycoruptinfvence of trainers, stable managers, owners and bookmakers; 1 thefinancal pressures on owners an trainers may tempt them to supplement thei legitimate income by betting substantial sums onthe illegal market which face untrceeble. We have hebrd numerous witnesses estimate thatthe size of the legal betting market is at least a big as the legal market. The fact that suen bets are unrecorded provides 2 ready vehicle for cheating and other forms of corruption. 5. After careful deliberation the Commisio is recommending the cretion ofa specialist ‘team to investigate the criminal att referred to above. The resto the Peper wil ‘address: ‘+ why this urgent; ‘+ the nature ofthe evdence and who should be targeted; + how the team should be constructed was 1s URGENT 6. The Commission wil et out its full onclusions and ecommendtions on allt terms of ‘ference when it reports in early 2015. ts however the unanimous view ofthe members ‘ofthe Commission that the creation ofa riminal investigation team is now spproprat for the folowing reasons: athering of evidence fr criminal charges may be Jeopasise by any delay and, indeed, Is kely tha further criminal activity wil occur; + the Commision continues to inguie into eases thas identie, future evidence {gathering may be prejudiced. The Commision has been clear from the outset that IRs oe not to investigate crm or breaches of the MTC rules but rater to pass such evidence it gathers to the appropriate authorities; ‘the esl victims ofthe apparent criminal actity ae the tens of thousands of ‘cinary punters who are being cheated; stops need tobe taken now ta restore their confience, ‘The Commission considers it appropriate to draw a clear dstinction between its work and ‘those who wil investigate the suspected cimial activity. There needs to be a cear separation of responsiblity. lthough the Commision remains wiling and avalableto its primary focus ito report in accordance with ts ters of reference. [THE NATURE OF THE EVIDENCE AND WHO SHOULD BE TARGETED ‘The evidence gathered so far principally concern a series of races held atthe Champ des ‘Mar between 2012 and 2014 [this snot exhaustive). These are lated at Appendix 8. 9. is acknowledged that some ofthe races shown at Appendix 8 have eleedy been the subject of previous investigations ether by the MIC.a the Police des Jeux. The Commision beleves those investigations lacked rgour onthe specait knowledge necessary to bring about sucessful prosecutions. The Commision envisages that the new investigation team ‘would pro-actively target the named suspects and other co-conspirators identified by the ne inquiry immetiatly nd during the coming racing season to seek evidence of chesting ‘or other criminal offences. 10. nsome ofthe cases the jockey appears to have been disciplined fr breaches ofthe Rules ‘of Racing and in very ited number of cases they have been investigated bythe Police 2 des eux for criminal activ Is ou belief however thatthe jockeys are merely pawns na ‘culture of wrongdoing that continues to fourth Targeting them ale wil not solve the problem and is not an elective use of resources. 11. The principal targets shouldbe those wh are orchestrating the criminal activity. In articular the investigation should contre on, but nat be lite to: ‘+ Paul Foo Kune (race horse vier, table manager + Budheswar Gujhur (licensed trainer fr Foo Kune); + Alsin Sava (bookmaker, bookmaker 12, tis those persons who ae strongly suspactes tobe fang races and then cheating wth ‘others on the legal andilega betting markets. 13. The Commission has no evidence to date of serious eimina activity within the MTC although possibe offences against the Registration of Associations Act have buen allege. However the Commission has received numerous complaints about the actives oF Wo individuals ~ Gilbert Merve, the President and fan Paterson, the Directo af Racing, 14, tis alleged thatthe President presides over the MTC In an autocratic ane unconstutional ‘manner and that he has gathered a collection of people around hr at Member and ‘Administrator evel who enable him to resist proposals for change. npatiular ths been suggested thatthe membership ha been fated in recent yare with supporters of the current President to ensure tat he remain in pos. Its als alleged thatthe pony vote system has been abuses. 435, Concerns about lan Paterson centre on his clase relationship with the President and an Inappropriate elationshi with selected jckeys and trainers. vidence has been presented to the Commission easing concerns abouthisintegy,finess and consistency in his ‘capacty as Chief Stipenlar Steward and cucentiy the Dtetor of Rating. ‘MOW THE TEAM SHOUIS BE CONSTRUCTED, 16, The Commission has reviewed a number af cases in progress and one that hasbeen rosecutd but cismissed by the intermediate cur. ts clear that the officers investigating those cases lacked knowledge and experiance ofboth horseracing and betting wo vital laments in successfully prosecuting such offence 17. The Gambling Regulatory Authority has the power tonvestigae offences of cheating but by Its own acmission ths ntther the resources nor the expertise todo so Similarly the Police des sux ck staff trained inthe investigation of corruption in hrseracing They are not the people to lead the proposed investigation. 18. The Commision does recommend thatthe investigation team should comprise mainly "Mauritian Police specalsts who have experience of investigating serous nd organised ‘rime. The possible ange of offences may not be restricted to cheating and the wide w. 20. a. 22 business aces of the alleged suspects indicate that specialist investgatosin Fraud, ‘taxation and other fiscal ieregularties wil be requiree. These specialist could be drawn, ‘rom the Financial inteligence Uni, the CAC and the Mauritius Revenue Author. ‘The Commission isfy ofthe view that asthe Meurtan Police ack experience of leading a major investigation Into serous horseracing elated criminality, an experienced Investigator from abroad shouldbe appointed as senior advisor to the Investigation Inti ‘thoughts on the composition of the investigation areas follows: + One Senior Detective from Mauris; One Senior investigator rom abcoad with experience of managing an investigation Into sporting and bettng-eated corruption; ‘+ Detectives from Mauritius with enperience of investigating serious and organised ime; ‘+ -Aninvestigatr from abroad with experience of investigating sporting (and betting) relate corruption; 1 -Afinancial investigator (rom Mauritius or abeo36); ‘+ Anexperience crime analyst rom Mauris or abroad); + Abetting expert rom abroad. ‘+The investigation shoul have aecass toa survellance and sophisticated technologie support ge of spells resources including ‘The Commission believes an significant asst the investigation process by, ‘+ Advising onthe make-up ofthe team n partiular the identification of the appropriate foreign advisor and specaits; ‘+ Passing ineigenceto the team, iil through the creation ofa comprehensive poley document and there afterwards ona basis tobe agreed. ‘Te investigation should be carsed out withthe utmost confidentiality and secur as the Commission acepts that theres a ea concern of clusion n and interference with the investigation by those suspected of rina offences. Theres strong perception and possible realty thet the suspected persons have powerful connections within Government ‘and Juilalcres and they may ty to use such connections to prejudice or asrupt the Investigation, ‘The Commission judges thatthe issues aise in this Paper are symptomatic ofa wider ‘malaise in respect ofthe organisation, management and oversight of horseracing in ‘Maueis,Ieconelades that urgent action as recommended is necessary to address the immediate isuesidentieg AAPPENDIKA The proposed Terms of Reference of the Commistion of inquiry areas follows: Toinguir into, and report on ~ (3) the organisation, management and administration of hors ing in Maurits, including ~ (0 the procedures relating to the licensing of stables, nminators, trainers and freelancers, 35 well asthe registration of horse owners; (U)_the procedures for the recruitment of jckoys,n particular foreign ones (ul the procedures for the purchase of racehorses, and the source of funds for such purchases; (6) thetechnica, veterinary, security, and other related measures currently in pace to ensure that no horse taking part in any races tampered wit (© thecoccurences of aserles of nents that have taken place recently during aces, Incusing dubious performance of certain horses and their jockeys: (@)_theexactrole and esponsilties ofthe Cie Stipenlary Steward, and ations recommended o taken by him since his appointment as such; (6) theessting rules of racing with a vew to ascertaining whether they are being applied indiscriminately andin al cbjectvty and ever-handedly, so 3s to stand the test of transparency and _accountablty, and whether they are compatible with international best practices; () the conduct of betting operations on horse racing by bookmakers and totalsator operators, incuding on-line systems and oftrace course betting; (@) any financial malpractices,induding impropriety, legal betting and ilict flow of funds in ‘the organisation of beting including il- gotten gains from fraud in elation to horse racing: (hy any confit of interest on the part of any person in celation this involvement in horse racing: ()_allaspects ofhoree racing in Mauritus, incuding the adsabilt of setting up a Mauritius “Turf Authority to oversee the overall organisation, managemeat and administration of horse racing In Maurus; and also report on any mater to (a) oi above, and make recommendations thereo APPEND ‘26% october 2014: The Jskey Robbie Burks (ho was ding Bandido Caballero} wos suspended frm ring for 12 weeks whon he was deemed bythe Stewards tohave not taken al permissible measures toga the best possible place inthe race (this means ether

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