Non Raceday Inquiry RIU v T S Trathen 28 February 2013 – Decision dated 28 February 2013

hearingid: 48d28b8c4b0a5c33ff52a9ea58eb154b

informantnumber: A5283

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decisiondate: 10/03/2013

hearing_title: Non Raceday Inquiry RIU v T S Trathen 28 February 2013 - Decision dated 28 February 2013

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

NON RACEDAY INQUIRY

HRNZ v Mr T S Trathen

Rule: 305(a)

Held: Thursday, 28 February 2013 at Addington Raceway, Christchurch

Judicial Committee: J M Phelan, Chairman - K G Hales, Committee Member

Present: Mr N G McIntyre - Co-Chief Stipendiary Steward, Racing Integrity Unit, Mr T S Trathen - Licensed Trainer

DECISION OF JUDICIAL COMMITTEE 

[1] Mr T. S. Trathen, a Public Trainer, faces one charge under Rule 305(a) (Information A5283) which reads as follows: 

“I the above named informant allege that the above named Respondent committed a breach of Rule 305(a) in that trainer T. Trathen failed to report a condition to the Stipendiary Stewards one hour prior to Race 1, for his horse “Price Of Fame” which resulted in this runner being scratched by the on-course vet, Dr Corin G. Murfitt.”

[2] Rule 305(a) reads as follows:

“Every person who holds a permit or licence under these Rules and every owner, driver, trainer or person in control of a horse shall:-
(a) report to the Stipendiary Steward in writing as soon as practicable and in any event no later than one hour before the advertised starting time of a race, any condition which may affect the running of a horse in a race.”

[3] Mr Trathen attended this hearing and he confirmed that the breach was admitted, and he also agreed that he understood the charge and the Rule it was brought under.

[4] At the commencement of this hearing co-Chief Stipendiary Steward Mr N. G. McIntyre produced written permission (Exh “1”) to file this Information from Mr M. Godber, Operations Manager of the Racing Integrity Unit.

[5] Mr McIntyre provided the following facts regarding this matter. The New Zealand Metropolitan Trotting Club held a race meeting at Addington Raceway on 14 February 2013. Prior to the running of Race 1, the Mac’s Ginger Brew Mobile Trot, Stipendiary Steward Mr Wallis noticed that “Price Of Fame” (2), which was to start in that race, had an obvious injury to its off hip area.

[6] As a result the horse was inspected by the on-course vet, Dr C. G. Murfitt and the horse was declared to be unfit to race and scratched from the race. Two photos (Exh “2”) were produced in evidence showing this injury.

[7] Doctor Murfitt also provided a written certificate (Exh “3”) regarding his inspection of the horse, and his subsequent advice that the horse be scratched, which we summarise as follows –

- the horse had a wound on the point of its right (off) hip.

- it was possible the wound could have affected the horse’s performance.
- aesthetic reasons.

- on humane grounds a horse with this type of wound should not race until the wound is healed.

- the horse was observed at warm-up and was not lame.

[8] It was also established that this injury occurred in mid-January at the Marlborough Harness Racing Club’s race meeting, and that the injury had been treated by Mr Trathen after receiving advice from his Vet.

[9] Mr Trathen made submissions that the horse was not lame, and had been receiving treatment in the three weeks since the injury occurred. He agreed that the injury “did not look good”. Mr Trathen produced a letter from his Vet, Lindsay Colwell, (Exh “A”) made after she examined the horse on 19 February 2013, which we summarise as follows:

- there is no evidence of any associated lameness (from the wound).

- the wound would not affect the horse’s ability to perform, given that it is in an area free of contact
with any harness or gear.

- aesthetics are still an issue.

[10] As Mr Trathen had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).

[11] In relation to penalty Mr McIntyre advised that Mr Trathen had not previously breached this Rule, had admitted the breach, and had co-operated fully during the investigation. There had been a previous prosecution under this Rule where a fine of $600-00 had been imposed (RIU v. Purdon). In that case the charge was not admitted and the horse had raced with the injury. Mr Trathen had no submissions to make with regard to penalty. Mr McIntyre submitted that a starting point for a fine in this case should be $400-00.

[12] We adjourned to consider the matter of penalty. We were satisfied that “Price Of Fame” was not lame as a result of this injury, and that it had been treated appropriately over the period of three weeks since it was injured. It was quite clear, however, that the injury looked “ugly” and that Mr Trathen was aware of this. We were also concerned that Mr Trathen intended that his horse should race on this day despite the “ugly” look of the injury.

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[13] We took into account that Mr Trathen had a clear record, had admitted the breach, and had been co-operative during the investigation. Taking all the above matters into account we determined that a fine of $450-00 should be imposed in this case, and on resuming the hearing we advised the parties of our decision.

[14] In relation to costs Mr McIntyre advised that the RIU were not seeking costs in this case. The Judicial Control Authority also did not seek costs. There was therefore no order for costs.

J M Phelan                         K G Hales

Chairman                          Committee Member

hearing_type: Non-race day

Rules: 305(a)

Informant: Mr N G McIntyre - Co-Chief Stipendiary Steward representing the Racing Integrity Unit

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PersonPresent: Mr N G McIntyre - Co-Chief Stipendiary Steward representing the Racing Integrity Unit, Mr T S Trathen - Licensed Trainer

Respondent: Mr T S Trathen - Licensed Trainer

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