Avondale JC 15 April 2013 – R 7
ID: JCA12193
Code:
Thoroughbred
Meet Title:
Avondale JC - 15 April 2013
Meet Chair:
RSeabrook
Race Date:
2013/04/15
Race Number:
R7
Decision:
As the breach was admitted we find the charge proved.
Penalty:
Accordingly after taking all the above into account I fine Mr Molloy the sum of $200.
Charge:
Prior to race 7, The Goodwin Property Management 1200, an information was filed pursuant to rule 534 (1). The informant Mr Williamson alleged that Mr L Molloy scratched the horse NINE PIN after the scratching deadline when not authorised to do so.
Rule 534 (1) provides: At any time from the withdrawal deadline to the scratching deadline (as specified for the relevant race meeting) in accordance with rule 510 (d) (v) or as amended by NZTR from time to time) on the relevant race day, a person intending to scratch a horse from a race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a race meeting but does not specify a particular race at that race meeting, such notice shall be deemed to apply to all races for which the horse has been accepted or deemed to have been accepted at that race meeting.
Facts:
Mr Williamson said Mr Molloy had phoned him this morning with a request to scratch NINE PIN from race 7. He added this was after the scratching deadline but Mr Molloy had told him he thought there would be a downgrade in the track and would therefore be able to scratch his horse without penalty. However Mr Williamson submitted that the track was a dead 5 at 6.30 am and had not been downgraded prior to this hearing. He said he had sympathy with Mr Molloy as if there was any further rain it was likely the track would be downgraded. However that was the gamble Mr Molloy took by not scratching prior to the deadline.
Mr Molloy told the committee he was surprised the track was a dead 5 when he spoke to Mr Williamson earlier in the morning. At that stage he was happy to start NINE PIN if the track remained in this condition. However after talking to his rider, Mr Innes, after race 1 he said it was obvious the track would not suit his horse. He said NINE PIN would have been hot favourite and he believed he was doing the right thing for the horse and the public by scratching him. He said the horse would simply not have performed on the surface as it was but he conceded he was in breach of the rule as the scratching deadline had passed.
Submissions for Penalty:
Mr Williamson submitted a fine in the region of $200 to $300 would be appropriate.
Mr Molloy said that the circumstances surrounding the breach warranted only a minimum fine.
Reasons for Penalty:
The committee considered the evidence and submissions as presented. Mitigating factors are Mr Molloy's admission of the breach and his clear record under this rule. However Mr Molloy's scratching request was well outside the deadline and the track had not been downgraded prior to the enquiry. This was a case of Mr Molloy misjudging the track conditions. The committee finds the breach to be at the low end of seriousness.
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: 3df097a26adf4bac44f452e575af9982
informantnumber: 2822
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 01/04/2013
hearing_title: Avondale JC 15 April 2013 - R 7
charge:
Prior to race 7, The Goodwin Property Management 1200, an information was filed pursuant to rule 534 (1). The informant Mr Williamson alleged that Mr L Molloy scratched the horse NINE PIN after the scratching deadline when not authorised to do so.
Rule 534 (1) provides: At any time from the withdrawal deadline to the scratching deadline (as specified for the relevant race meeting) in accordance with rule 510 (d) (v) or as amended by NZTR from time to time) on the relevant race day, a person intending to scratch a horse from a race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a race meeting but does not specify a particular race at that race meeting, such notice shall be deemed to apply to all races for which the horse has been accepted or deemed to have been accepted at that race meeting.
facts:
Mr Williamson said Mr Molloy had phoned him this morning with a request to scratch NINE PIN from race 7. He added this was after the scratching deadline but Mr Molloy had told him he thought there would be a downgrade in the track and would therefore be able to scratch his horse without penalty. However Mr Williamson submitted that the track was a dead 5 at 6.30 am and had not been downgraded prior to this hearing. He said he had sympathy with Mr Molloy as if there was any further rain it was likely the track would be downgraded. However that was the gamble Mr Molloy took by not scratching prior to the deadline.
Mr Molloy told the committee he was surprised the track was a dead 5 when he spoke to Mr Williamson earlier in the morning. At that stage he was happy to start NINE PIN if the track remained in this condition. However after talking to his rider, Mr Innes, after race 1 he said it was obvious the track would not suit his horse. He said NINE PIN would have been hot favourite and he believed he was doing the right thing for the horse and the public by scratching him. He said the horse would simply not have performed on the surface as it was but he conceded he was in breach of the rule as the scratching deadline had passed.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Williamson submitted a fine in the region of $200 to $300 would be appropriate.
Mr Molloy said that the circumstances surrounding the breach warranted only a minimum fine.
reasonsforpenalty:
The committee considered the evidence and submissions as presented. Mitigating factors are Mr Molloy's admission of the breach and his clear record under this rule. However Mr Molloy's scratching request was well outside the deadline and the track had not been downgraded prior to the enquiry. This was a case of Mr Molloy misjudging the track conditions. The committee finds the breach to be at the low end of seriousness.
penalty:
Accordingly after taking all the above into account I fine Mr Molloy the sum of $200.
hearing_type: Hearing
Rules: 534 (1)
Informant: Mr M Williamson, Stipendiary Steward
JockeysandTrainer: Mr L Molloy, trainer of NINE PIN
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fb198bfb78550339175e9b738c33889a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 37d9d83cb8404ea1e33da1d957a5b152
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/04/2013
meet_title: Avondale JC - 15 April 2013
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "330", "Total": "204.6", "kmprice": 204.59999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: RSeabrook
meet_pm1: none
meet_pm2: none
name: Avondale JC