Archive Decision

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Rangiora HRC 9 July 2017 – R 4 – Chair, Mr R McKenzie

ID: JCA13354

Applicant:
Mr SP Renault – Stipendiary Steward

Respondent(s):
Mr GD Smith - Licensed Public Trainer

Information Number:
A09622

Hearing Type:
Hearing

New Charge:
Late onto Track

Rules:
858(b)

Plea:
admitted

Meet Title:
Rangiora HRC - 9 July 2017

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2017/07/09

Race Number:
R4

Decision:

Mr Smith having admitted the breach, the charge was found proved.

Penalty:

Mr Smith was fined the sum of $200. 

Facts:

Following the running of Race 4, Joan Belcher Legacy Fillies & Mares Mobile Trot, an information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Public Trainer, Mr GD Smith, alleging that Mr Smith as the trainer of ALL SETTLED DOWN in the race, “presented ALL SETTLED DOWN late onto the track under 5 minutes”.

Mr Smith had signed the Statement by the Respondent on the information form indicating that the breach was admitted. He had also endorsed on the information form that he did not wish to be present at the hearing of the information.

Rule 858 provides as follows:
Every horseman and/or person in charge of a horse shall ensure that:-
(b) the horse is on the race-track at least ten minutes before the time of starting, and at the post ready to start at least five minutes before the time of starting, or such other time as the Starter may direct.

Mr Renault told the Committee that Mr Smith, trainer of ALL SETTLED DOWN, presented the horse to race, in the birdcage, 3½ minutes before start time. He said that Mr Smith had always sought permission for this particular horse to come out late onto the track, usually 7½ minutes before. Mr Smith had explained to the Stewards that he thought he was in plenty of time and it was not until he entered the birdcage that he realised that the field was at the start. The horse had a ¾ lap warmup before arriving at the start. Mr Smith had been in error in misjudging the time.

Submissions for Penalty:

Mr Renault informed the Committee that Mr Smith’s record under the Rule was not a good one. On 31 March 2017, he was fined $100 under the Minor Infringement Scheme. On 12 May 2017, he was again fined $100. At Ashburton on 4 June he was fined $200. Mr Renault described Mr Smith’s record as “terrible”. This charge being the 4th, it was being dealt with by way of an information placed before the Judicial Committee.

However, Stewards were not seeking an increased fine over the most recent one of $200, Mr Renault said.

Reasons for Penalty:

Mr Smith is becoming something of a serial offender under this Rule, this being his 4th breach in just over 3 months. The Committee was reluctantly prepared to accept Mr Renault’s penalty submission of a fine of $200 for a breach that would normally, but for Mr Smith’s record, be dealt with under the Minor Infringement Scheme with a fine of $100.

However, Mr Smith is put on notice that a further breach of the Rule in the near future will not be treated with such leniency by a Judicial Committee and we direct that this be recorded on Mr Smith’s record. While a single breach can be treated as a minor matter, continual breaching of the Rule is not minor and will be dealt with accordingly. The requirement to present a horse in a timely fashion exists for a good reason and it is not unreasonable to expect trainers to comply with it.

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: 670ca4bb2844013b697564cf7467a6a1


informantnumber: A09622


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Late onto Track


plea: admitted


penaltyrequired: 1


decisiondate: 10/07/2017


hearing_title: Rangiora HRC 9 July 2017 - R 4 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 4, Joan Belcher Legacy Fillies & Mares Mobile Trot, an information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Public Trainer, Mr GD Smith, alleging that Mr Smith as the trainer of ALL SETTLED DOWN in the race, “presented ALL SETTLED DOWN late onto the track under 5 minutes”.

Mr Smith had signed the Statement by the Respondent on the information form indicating that the breach was admitted. He had also endorsed on the information form that he did not wish to be present at the hearing of the information.

Rule 858 provides as follows:
Every horseman and/or person in charge of a horse shall ensure that:-
(b) the horse is on the race-track at least ten minutes before the time of starting, and at the post ready to start at least five minutes before the time of starting, or such other time as the Starter may direct.

Mr Renault told the Committee that Mr Smith, trainer of ALL SETTLED DOWN, presented the horse to race, in the birdcage, 3½ minutes before start time. He said that Mr Smith had always sought permission for this particular horse to come out late onto the track, usually 7½ minutes before. Mr Smith had explained to the Stewards that he thought he was in plenty of time and it was not until he entered the birdcage that he realised that the field was at the start. The horse had a ¾ lap warmup before arriving at the start. Mr Smith had been in error in misjudging the time.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Smith having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Renault informed the Committee that Mr Smith’s record under the Rule was not a good one. On 31 March 2017, he was fined $100 under the Minor Infringement Scheme. On 12 May 2017, he was again fined $100. At Ashburton on 4 June he was fined $200. Mr Renault described Mr Smith’s record as “terrible”. This charge being the 4th, it was being dealt with by way of an information placed before the Judicial Committee.

However, Stewards were not seeking an increased fine over the most recent one of $200, Mr Renault said.


reasonsforpenalty:

Mr Smith is becoming something of a serial offender under this Rule, this being his 4th breach in just over 3 months. The Committee was reluctantly prepared to accept Mr Renault’s penalty submission of a fine of $200 for a breach that would normally, but for Mr Smith’s record, be dealt with under the Minor Infringement Scheme with a fine of $100.

However, Mr Smith is put on notice that a further breach of the Rule in the near future will not be treated with such leniency by a Judicial Committee and we direct that this be recorded on Mr Smith’s record. While a single breach can be treated as a minor matter, continual breaching of the Rule is not minor and will be dealt with accordingly. The requirement to present a horse in a timely fashion exists for a good reason and it is not unreasonable to expect trainers to comply with it.


penalty:

Mr Smith was fined the sum of $200. 


hearing_type: Hearing


Rules: 858(b)


Informant: Mr SP Renault – Stipendiary Steward


JockeysandTrainer: Mr GD Smith - Licensed Public Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 46301217ac836b3bcb489d1303173986


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d2cee8acd7da8429c71f08e4a80e25aa


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/07/2017


meet_title: Rangiora HRC - 9 July 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: rangiora-hrc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Rangiora HRC