Westland RC 16 January 2013 – R 5 (request for a ruling)
ID: JCA12797
Code:
Thoroughbred
Meet Title:
Westland RC - 16 January 2013
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2013/01/16
Race Number:
R3
Decision:
The Committee rules that KING’S HAWK be scratched from Race 5 accordingly.
Facts:
An information requesting a ruling was filed by Stipendiary Steward, Mr J M McLaughlin, the Respondent being Licensed Trainer (Class B), Mrs B J Harris, as to the “eligibility of KING’S HAWK (trained by Mrs Harris) to start in Race 5. Stewards seek that KING’S HAWK be scratched as the said horse has not been in a registered stable for the required time.”
Mrs Harris was present at the hearing of the information.
Rule 325 provides as follows:
(4) Subject to the provisions of the preceding sub-Rules of this Rule, a horse may only start in a Race, and a person may only start a horse in a Race, if that horse has been in training under the direct charge or care of a Trainer for a continuous period of not less that four weeks immediately prior to such Race, provided that the spelling of a horse after a Race at any Race Meeting held during the said period of four weeks shall be regarded as training for the purposes of this Rule.
Submissions for Decision:
Mr McLaughlin produced a written Summary of Facts which is summarised below.
KING’S HAWK is a 4-year-old chestnut gelding (King’s Chapel-Perfect Gift) and is trained by Mrs Harris, holder of a Permit to Train (Class B) licence. Mrs Harris was granted a licence on 10 January 2013.
KING’S HAWK was nominated for the meeting at 11.39am on Friday, 11 January, by Miss Centaine Spittles. Nominations for the meeting closed at noon on that date, weights were declared on Saturday, 12 January, withdrawal time was 10.00am on 12 January and the time for declaration of riders was 1.00pm on Monday, 14 January. The horse was accepted in Race 5 as Number 2.
The last stable return for KING’S HAWK was entered for Mr Paul Harris on 14 November 2011. Mr Harris’s Class A trainer’s licence was suspended in August 2012.
A Class A trainer’s licence was issued to Miss E M Stackhouse on 27 August 2012 and she resigned on 21 December 2012. A signed statement by Miss Stackhouse was produced by Mr McLaughlin. In that statement, she said that she had been issued a licence to “assist Mr Harris until all matters were resolved so that he could maintain his business operations”.
In her statement, Miss Stackhouse acknowledged that KING’S HAWK did not appear on the list of horses prepared by New Zealand Thoroughbred Racing that were included in stable returns under her name. She further stated that “KING’S HAWK was on the property but, as he had had a knee operation, he was only swimming at the Butt pool each day. As far as I was concerned KING’S HAWK was neither in work nor being prepared for racing and I did not need to put in a stable return for that horse”.
Mr McLaughlin produced a copy of NZTR’s records showing the horses being trained by Mrs Harris. The date of the stable return for KING’S HAWK was shown as 10 January 2013. The previous stable return for the horse was dated November 2011 when the horse was transferred from the stable of Mr M J R Harris to Mr P D J Harris. He said the Stewards were seeking a ruling that the horse be scratched for non-compliance with Rule 325 (4).
Mrs Harris said that she believed that Miss Stackhouse “assumed” that KING’S HAWK was not in training, but submitted that swimming a horse is training. She said that she understood that Miss Spittles was in charge of the “programming” for the horse and that a stable return had been lodged in respect of the horse. Mrs Harris claimed that there had been a delay in processing her licence application because of the holiday period. Mr McLaughlin explained to her that her licence fee had not been paid until 9 January 2013, which was the reason for the delay in issuing her licence. Mrs Harris said that she was unaware of the lack of a stable return for the horse, KING’S HAWK.
Mr P D J Harris said that he had no knowledge as to whether Miss Stackhouse, whose responsibility it was, had filed the necessary stable return for KING’S HAWK. He was simply an employee of the stable, he said. He said that he believed that the horse was in training and had been in work for 6 months following an operation. He submitted that a “grey area” had been left following the sudden departure of Miss Stackhouse from the stables on 21 December 2012. The circumstances were “unusual”, he submitted.
Reasons for Decision:
The Stipendiary Stewards have sought a ruling that KING’S HAWK, trained by Mrs Harris, an acceptor for Race 5 today, Gold and Green Resources Maiden, be scratched from that race as the horse has not been in a registered stable for the required period.
The relevant Rule is Rule 325 (4) (see above) which provides that a horse may only start in a race if it has been in training under the direct charge or care of a trainer for a continuous period of not less than 4 weeks immediately prior to such race.
We heard evidence that Mr P D J Harris, who had previously trained the horse, had his trainer’s licence suspended in August 2012. Miss Stackhouse, who was granted a Class A trainer’s licence on 27 August 2012 and resigned on 21 December 2012, has said in a written statement produced to the hearing that she did not file a stable return for KING’S HAWK and, moreover, believed it was not necessary to do so as the horse was neither in work nor being prepared for racing. NZTR records confirm that she had not filed a stable return for the horse.
Mrs Harris was granted a Class B trainer’s licence on 10 January 2013 and a stable return in respect of KING’S HAWK was filed on that date.
So, there was no stable return in place for KING’S HAWK between August 2012, when Mr Harris’s licence was suspended, and 10 January 2013, when Mrs Harris’s stable return was filed – a period well in excess of the minimum 4 weeks requirement under Rule 325 (4).
Having found that as a fact, it is the Committee’s view that we have no discretion in terms of Rule 325 (4). The Rule states that the horse may not start in a race in such circumstances and we are therefore required to rule that the horse may not start in Race 5 today.
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: 5964be2e0c22ce9a7138c6190d6b30d1
informantnumber:
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea:
penaltyrequired:
decisiondate: 18/12/2012
hearing_title: Westland RC 16 January 2013 - R 5 (request for a ruling)
charge:
facts:
An information requesting a ruling was filed by Stipendiary Steward, Mr J M McLaughlin, the Respondent being Licensed Trainer (Class B), Mrs B J Harris, as to the “eligibility of KING’S HAWK (trained by Mrs Harris) to start in Race 5. Stewards seek that KING’S HAWK be scratched as the said horse has not been in a registered stable for the required time.”
Mrs Harris was present at the hearing of the information.
Rule 325 provides as follows:
(4) Subject to the provisions of the preceding sub-Rules of this Rule, a horse may only start in a Race, and a person may only start a horse in a Race, if that horse has been in training under the direct charge or care of a Trainer for a continuous period of not less that four weeks immediately prior to such Race, provided that the spelling of a horse after a Race at any Race Meeting held during the said period of four weeks shall be regarded as training for the purposes of this Rule.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin produced a written Summary of Facts which is summarised below.
KING’S HAWK is a 4-year-old chestnut gelding (King’s Chapel-Perfect Gift) and is trained by Mrs Harris, holder of a Permit to Train (Class B) licence. Mrs Harris was granted a licence on 10 January 2013.
KING’S HAWK was nominated for the meeting at 11.39am on Friday, 11 January, by Miss Centaine Spittles. Nominations for the meeting closed at noon on that date, weights were declared on Saturday, 12 January, withdrawal time was 10.00am on 12 January and the time for declaration of riders was 1.00pm on Monday, 14 January. The horse was accepted in Race 5 as Number 2.
The last stable return for KING’S HAWK was entered for Mr Paul Harris on 14 November 2011. Mr Harris’s Class A trainer’s licence was suspended in August 2012.
A Class A trainer’s licence was issued to Miss E M Stackhouse on 27 August 2012 and she resigned on 21 December 2012. A signed statement by Miss Stackhouse was produced by Mr McLaughlin. In that statement, she said that she had been issued a licence to “assist Mr Harris until all matters were resolved so that he could maintain his business operations”.
In her statement, Miss Stackhouse acknowledged that KING’S HAWK did not appear on the list of horses prepared by New Zealand Thoroughbred Racing that were included in stable returns under her name. She further stated that “KING’S HAWK was on the property but, as he had had a knee operation, he was only swimming at the Butt pool each day. As far as I was concerned KING’S HAWK was neither in work nor being prepared for racing and I did not need to put in a stable return for that horse”.
Mr McLaughlin produced a copy of NZTR’s records showing the horses being trained by Mrs Harris. The date of the stable return for KING’S HAWK was shown as 10 January 2013. The previous stable return for the horse was dated November 2011 when the horse was transferred from the stable of Mr M J R Harris to Mr P D J Harris. He said the Stewards were seeking a ruling that the horse be scratched for non-compliance with Rule 325 (4).
Mrs Harris said that she believed that Miss Stackhouse “assumed” that KING’S HAWK was not in training, but submitted that swimming a horse is training. She said that she understood that Miss Spittles was in charge of the “programming” for the horse and that a stable return had been lodged in respect of the horse. Mrs Harris claimed that there had been a delay in processing her licence application because of the holiday period. Mr McLaughlin explained to her that her licence fee had not been paid until 9 January 2013, which was the reason for the delay in issuing her licence. Mrs Harris said that she was unaware of the lack of a stable return for the horse, KING’S HAWK.
Mr P D J Harris said that he had no knowledge as to whether Miss Stackhouse, whose responsibility it was, had filed the necessary stable return for KING’S HAWK. He was simply an employee of the stable, he said. He said that he believed that the horse was in training and had been in work for 6 months following an operation. He submitted that a “grey area” had been left following the sudden departure of Miss Stackhouse from the stables on 21 December 2012. The circumstances were “unusual”, he submitted.
reasonsfordecision:
The Stipendiary Stewards have sought a ruling that KING’S HAWK, trained by Mrs Harris, an acceptor for Race 5 today, Gold and Green Resources Maiden, be scratched from that race as the horse has not been in a registered stable for the required period.
The relevant Rule is Rule 325 (4) (see above) which provides that a horse may only start in a race if it has been in training under the direct charge or care of a trainer for a continuous period of not less than 4 weeks immediately prior to such race.
We heard evidence that Mr P D J Harris, who had previously trained the horse, had his trainer’s licence suspended in August 2012. Miss Stackhouse, who was granted a Class A trainer’s licence on 27 August 2012 and resigned on 21 December 2012, has said in a written statement produced to the hearing that she did not file a stable return for KING’S HAWK and, moreover, believed it was not necessary to do so as the horse was neither in work nor being prepared for racing. NZTR records confirm that she had not filed a stable return for the horse.
Mrs Harris was granted a Class B trainer’s licence on 10 January 2013 and a stable return in respect of KING’S HAWK was filed on that date.
So, there was no stable return in place for KING’S HAWK between August 2012, when Mr Harris’s licence was suspended, and 10 January 2013, when Mrs Harris’s stable return was filed – a period well in excess of the minimum 4 weeks requirement under Rule 325 (4).
Having found that as a fact, it is the Committee’s view that we have no discretion in terms of Rule 325 (4). The Rule states that the horse may not start in a race in such circumstances and we are therefore required to rule that the horse may not start in Race 5 today.
Decision:
The Committee rules that KING’S HAWK be scratched from Race 5 accordingly.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Request Ruling
Rules: 325(4)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent: B J Harris, Licensed Trainer (Class B)
Respondent:
StipendSteward: J M McLaughlin, Stipendiary Steward
raceid: f82f667e7d41903c509efcbde7464d62
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4b5d5f1c70662f3e2e73b5f1a8640958
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/01/2013
meet_title: Westland RC - 16 January 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westland-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Westland RC