Archive Decision

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Waverley RC 1 August 2013 – R 3

ID: JCA11667

Applicant:
Mr N Goodwin Stipendiary Steward

Respondent(s):
Mr K Myers Licensed Trainer

Information Number:
A4074

Hearing Type:
Hearing

Rules:
613(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waverley RC - 1 August 2013

Meet Chair:
NMoffatt

Meet Committee Member 1:
TUtikere

Race Date:
2013/08/01

Race Number:
R3

Decision:

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

Penalty:

Taking into account all of the submissions we imposed a monetary penalty of $200.

Charge:

Following Race 3, the Forest Owner Marketing Services, an information was lodged by the Stewards alleging a breach of Rule 613 (d) in that Mr K Myers presented DELZZUP with unapproved gear (work shoes). 

Facts:

Rule 613 (d) states:

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.

Mr Goodwin explained that DELZZUP was presented to race with work shoes on instead of approved racing plates. At the request of the trainer Stewards gave permission for the horse to race unshod. DELZZUP went on to win the race.

Mr Myers said DELZZUP was on the board to be re-plated along with his other horses racing today however the farrier must have re-shod him instead. Mr Myers said as the trainer of the horse he had to take the blame for the error. He was grateful that the Stewards permitted him to run the horse without shoes.

Submissions for Penalty:

Mr Goodwin submitted that an appropriate penalty was a fine in the vicinity of $200. After making enquiries with Mr Neal (Chief Stipendiary Steward), he said breaches of this nature were traditionally dealt with by way of a fine. He did not have particular details of other cases because they were “some time ago”.

The Judicial Committee said it was aware of a case in October 2009 whereby Trainer S presented a horse to race in work shoes. In that case the horse was late scratched by the Stewards and the trainer fined $500.

Mr Myers when asked for his submissions on penalty inferred an appropriate penalty would be the cost of plating a horse - $150.

Reasons for Penalty:

The Committee was led by the only known previous case being a $500 fine against Trainer S in 2009. While the facts were the same in that both Mr Myers and Trainer S presented horses with unapproved plates there was a marked difference in the outcome. Trainer S had their horse scratched ten minutes prior to the race which affected both the connections and the betting public. Mr Myers was granted permission to start DELZZUP without racing plates and the horse went on to win the race. In essence today no one was negatively affected. For this reason we believed the breach was less serious than that of Trainer S. Mr Myers was reminded of his responsibility as a trainer to ensure that all his horses are presented in approved plates in the future.

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: 2e9b1f668b45cf7d4558980e7e1b0fe6


informantnumber: A4074


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/07/2013


hearing_title: Waverley RC 1 August 2013 - R 3


charge:

Following Race 3, the Forest Owner Marketing Services, an information was lodged by the Stewards alleging a breach of Rule 613 (d) in that Mr K Myers presented DELZZUP with unapproved gear (work shoes). 


facts:

Rule 613 (d) states:

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.

Mr Goodwin explained that DELZZUP was presented to race with work shoes on instead of approved racing plates. At the request of the trainer Stewards gave permission for the horse to race unshod. DELZZUP went on to win the race.

Mr Myers said DELZZUP was on the board to be re-plated along with his other horses racing today however the farrier must have re-shod him instead. Mr Myers said as the trainer of the horse he had to take the blame for the error. He was grateful that the Stewards permitted him to run the horse without shoes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Goodwin submitted that an appropriate penalty was a fine in the vicinity of $200. After making enquiries with Mr Neal (Chief Stipendiary Steward), he said breaches of this nature were traditionally dealt with by way of a fine. He did not have particular details of other cases because they were “some time ago”.

The Judicial Committee said it was aware of a case in October 2009 whereby Trainer S presented a horse to race in work shoes. In that case the horse was late scratched by the Stewards and the trainer fined $500.

Mr Myers when asked for his submissions on penalty inferred an appropriate penalty would be the cost of plating a horse - $150.


reasonsforpenalty:

The Committee was led by the only known previous case being a $500 fine against Trainer S in 2009. While the facts were the same in that both Mr Myers and Trainer S presented horses with unapproved plates there was a marked difference in the outcome. Trainer S had their horse scratched ten minutes prior to the race which affected both the connections and the betting public. Mr Myers was granted permission to start DELZZUP without racing plates and the horse went on to win the race. In essence today no one was negatively affected. For this reason we believed the breach was less serious than that of Trainer S. Mr Myers was reminded of his responsibility as a trainer to ensure that all his horses are presented in approved plates in the future.


penalty:

Taking into account all of the submissions we imposed a monetary penalty of $200.


hearing_type: Hearing


Rules: 613(d)


Informant: Mr N Goodwin Stipendiary Steward


JockeysandTrainer: Mr K Myers Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b1b658b17d4c1308acdb5d649d232bfb


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


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meetid: 44fac7a6286d5d4ad67d4e9ab809f50c


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meetdate: 01/08/2013


meet_title: Waverley RC - 1 August 2013


meet_expappcomment:


meet_km:


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tracklocation: waverley-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: TUtikere


meet_pm2: none


name: Waverley RC