Auckland TC 14 February 2014 – R 1
ID: JCA12646
Meet Title:
Auckland TC - 14 February 2014
Meet Chair:
GJones
Meet Committee Member 1:
AGodsalve
Race Date:
2014/02/14
Race Number:
R1
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into consideration the Committee imposes a fine of $350 on Mr Green.
Facts:
Trainer Mr Green was charged with Late Scratching IMHISDAUGHTER after it had been sold to overseas owners.
The Information alleged that “the owners of IMHISDAUGHTER late scratched at 1.15 pm with insufficient reason preventing the emergency horses which were balloted out a start (CHEERS KATHY) (E1) and (GOODISON SALLY) (E2))”.
Mr Green endorsed the Information I do admit the breach and I do not wish to attend.
Stipendiary Steward Mr J Muirhead advised the Committee that on Race Day, 14th of February 2014 he was advised that IMHISDAUGHTER had been sold to overseas interests and the new owners instructed that the horse be scratched. Mr Muirhead referred the Committee to the relevant rule.
Rule 834(2) provides “After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of which shall be given to the Stipendiary Steward in writing”.
Mr Muirhead advised the notification to scratch was given at 1.15 pm on race day and as such it was too late for one of the two horses that were on the ballot (emergency) list to regain entry into the field as they had been scratched at the correct time, namely 7.30 am. He added there was no veterinarian or other good reason for the horse to be scratched, other than it had been sold.
Submissions for Penalty:
Mr Muirhead submitted that the guidelines for a breach of this rule establish a starting point of $400. He said Mr Green has a good overall record and has not breached the rule within the past 12 months.
Mr Green was not present at the hearing and he did not lodge submissions as to penalty.
Reasons for Penalty:
In assessing penalty the Committee has taken into account the submissions of the Informant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
The penalty guidelines establish a starting point of $400 in circumstances where a late scratching has denied another horse a start. The Committee has noted that recent breaches have differed from this case in that no horses were denied a start and those cases attracted a fine of $200.
The Committee has also taken note of the case relating to R (June 2010) which is similar to this matter in many respects because it involved a late scratching and horse(s) on the ballot list were denied a start. In that case R was fined $300.
The Committee has taken into account Mr Green's early admission of the breach and his good record. These are mitigating factors.
The Committee notes the impact that this breach has had on runners who were balloted out and that at least one of those runners would have gained a start had Mr Green notified the Club of IMHISDAUGHTER scratching within the allowable timeframe. We also believe that this was a deliberate breach. We have assessed these as aggravating factors.
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: 43f18f301cad7d33fb090c575efa82bb
informantnumber: A3840
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Trainer Mr Green was charged with Late Scratching IMHISDAUGHTER
plea: admitted
penaltyrequired: 1
decisiondate: 10/02/2014
hearing_title: Auckland TC 14 February 2014 - R 1
charge:
facts:
Trainer Mr Green was charged with Late Scratching IMHISDAUGHTER after it had been sold to overseas owners.
The Information alleged that “the owners of IMHISDAUGHTER late scratched at 1.15 pm with insufficient reason preventing the emergency horses which were balloted out a start (CHEERS KATHY) (E1) and (GOODISON SALLY) (E2))”.
Mr Green endorsed the Information I do admit the breach and I do not wish to attend.
Stipendiary Steward Mr J Muirhead advised the Committee that on Race Day, 14th of February 2014 he was advised that IMHISDAUGHTER had been sold to overseas interests and the new owners instructed that the horse be scratched. Mr Muirhead referred the Committee to the relevant rule.
Rule 834(2) provides “After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of which shall be given to the Stipendiary Steward in writing”.
Mr Muirhead advised the notification to scratch was given at 1.15 pm on race day and as such it was too late for one of the two horses that were on the ballot (emergency) list to regain entry into the field as they had been scratched at the correct time, namely 7.30 am. He added there was no veterinarian or other good reason for the horse to be scratched, other than it had been sold.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead submitted that the guidelines for a breach of this rule establish a starting point of $400. He said Mr Green has a good overall record and has not breached the rule within the past 12 months.
Mr Green was not present at the hearing and he did not lodge submissions as to penalty.
reasonsforpenalty:
In assessing penalty the Committee has taken into account the submissions of the Informant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches.
The penalty guidelines establish a starting point of $400 in circumstances where a late scratching has denied another horse a start. The Committee has noted that recent breaches have differed from this case in that no horses were denied a start and those cases attracted a fine of $200.
The Committee has also taken note of the case relating to R (June 2010) which is similar to this matter in many respects because it involved a late scratching and horse(s) on the ballot list were denied a start. In that case R was fined $300.
The Committee has taken into account Mr Green's early admission of the breach and his good record. These are mitigating factors.
The Committee notes the impact that this breach has had on runners who were balloted out and that at least one of those runners would have gained a start had Mr Green notified the Club of IMHISDAUGHTER scratching within the allowable timeframe. We also believe that this was a deliberate breach. We have assessed these as aggravating factors.
penalty:
Having taken all matters into consideration the Committee imposes a fine of $350 on Mr Green.
hearing_type: Hearing
Rules: 834 (2)(a)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: R Green - Licensed Trainer and Part Owner of IMHISDAUGHTER
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cce916f07629290c8e7c136880bae2e8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5b6a010ef08626b89916d176a5503a17
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/02/2014
meet_title: Auckland TC - 14 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC