Archive Decision

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Woodville-Pahiatua RC 21 August 2014 – R 3

ID: JCA11544

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr G Nicholson - Trainer of MAC AN ATHAIR

Other Person:
Mr Wallace - representing Mr Nicholson, Mr R Neal - Co-Chief Stipendiary Steward

Information Number:
A3310

Hearing Type:
Hearing

New Charge:
Presented to race with shoes on hind feet

Rules:
613(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Woodville - Pahiatua RC - 21 August 2014

Meet Chair:
NMoffatt

Meet Committee Member 1:
TCastles

Race Date:
2014/08/21

Race Number:
R 3

Decision:

As Mr Nicholson admitted the breach the charge was found to be proved.

Penalty:

Taking into account all of the submissions we fined Mr Nicholson the sum of $150.00.

Facts:

Mr Tidmarsh lodged an information with the Judicial Committee alleging a breach of Rule 613) (d) in that MAC AN ATHAIR was presented to race with shoes on the hind feet.

The rule reads:

A person must not start or attempt to start a horse in a Race or trial (including a jump-out, or test for certification purposes with a horse):

(d) unless fully shod with approved plates in accordance with the plating provisions of the
approved gear list determined and published by NZTR in accordance with Rule 609, provided
that in exceptional circumstances a Stipendiary Steward may permit a horse to run unshod or
partly shod.

The trainer of the horse, Mr G Nicholson, was not present at the hearing but was represented by owner Mr Wallace.

Mr Neal explained that the error had been picked up during the routine plate inspection prior to the race. MAC AN ATHAIR had the correct racing plates on the front feet but incorrect shoes on the hind feet. Mr Neal said normally the horse would have been scratched however the race day farrier was on hand to re-plate the horse. The only result was a delay into the birdcage and a minute’s delay of the start of the race.

Mr Wallace said he had trained the horse himself up until August but then sent him to Mr Nicholson to train. He had not noticed the shoes on the hind feet.

Submissions for Penalty:

Mr Tidmarsh explained that Mr Nicholson had not been charged previously with a breach of this rule however it was the responsibility of the trainer to present their horses to race correctly shod. He submitted that a monetary penalty in the vicinity of $100 - $200 would be appropriate.

Mr Wallace had no submissions to make in relation to penalty.

Reasons for Penalty:

The committee was presented with limited information as to the details of the charge and no relevant previous breaches to use as a comparison. Mr Nicholson was not present to answer questions about why his horse had incorrect shoes on its hind feet and Mr Wallace had no explanation either. We therefore compared the breach to those where incorrect gear had been used and which the Penalty Guide for Judicial Committees provides a monetary penalty of $200 as a starting point. The fact that a farrier was readily available to rectify the situation and allow the horse to race ensured that punters were not affected by a late scratching. We also gave credit for Mr Nicholson’s clear record.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 2363f51f6d7697a06aab8b3e0d4f1c9a


informantnumber: A3310


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Presented to race with shoes on hind feet


plea: admitted


penaltyrequired: 1


decisiondate: 18/08/2014


hearing_title: Woodville-Pahiatua RC 21 August 2014 - R 3


charge:


facts:

Mr Tidmarsh lodged an information with the Judicial Committee alleging a breach of Rule 613) (d) in that MAC AN ATHAIR was presented to race with shoes on the hind feet.

The rule reads:

A person must not start or attempt to start a horse in a Race or trial (including a jump-out, or test for certification purposes with a horse):

(d) unless fully shod with approved plates in accordance with the plating provisions of the
approved gear list determined and published by NZTR in accordance with Rule 609, provided
that in exceptional circumstances a Stipendiary Steward may permit a horse to run unshod or
partly shod.

The trainer of the horse, Mr G Nicholson, was not present at the hearing but was represented by owner Mr Wallace.

Mr Neal explained that the error had been picked up during the routine plate inspection prior to the race. MAC AN ATHAIR had the correct racing plates on the front feet but incorrect shoes on the hind feet. Mr Neal said normally the horse would have been scratched however the race day farrier was on hand to re-plate the horse. The only result was a delay into the birdcage and a minute’s delay of the start of the race.

Mr Wallace said he had trained the horse himself up until August but then sent him to Mr Nicholson to train. He had not noticed the shoes on the hind feet.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Nicholson admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Tidmarsh explained that Mr Nicholson had not been charged previously with a breach of this rule however it was the responsibility of the trainer to present their horses to race correctly shod. He submitted that a monetary penalty in the vicinity of $100 - $200 would be appropriate.

Mr Wallace had no submissions to make in relation to penalty.


reasonsforpenalty:

The committee was presented with limited information as to the details of the charge and no relevant previous breaches to use as a comparison. Mr Nicholson was not present to answer questions about why his horse had incorrect shoes on its hind feet and Mr Wallace had no explanation either. We therefore compared the breach to those where incorrect gear had been used and which the Penalty Guide for Judicial Committees provides a monetary penalty of $200 as a starting point. The fact that a farrier was readily available to rectify the situation and allow the horse to race ensured that punters were not affected by a late scratching. We also gave credit for Mr Nicholson’s clear record.


penalty:

Taking into account all of the submissions we fined Mr Nicholson the sum of $150.00.


hearing_type: Hearing


Rules: 613(d)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr G Nicholson - Trainer of MAC AN ATHAIR


Otherperson: Mr Wallace - representing Mr Nicholson, Mr R Neal - Co-Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 85e672791dadeee1cb346407606d7932


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2e6ecfb3a7d768aad7a5c06cc0df228a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/08/2014


meet_title: Woodville - Pahiatua RC - 21 August 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: woodville-pahiatua-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TCastles


meet_pm2: none


name: Woodville - Pahiatua RC