R Taupo 20 August 2014 – R 2
ID: JCA13813
Code:
Thoroughbred
Meet Title:
Taupo RC - 20 August 2014
Meet Chair:
ADooley
Race Date:
2014/08/20
Race Number:
R2
Decision:
As Mr Kelso admitted the breach the Committee finds the charge proved.
Penalty:
Accordingly, Mr Kelso is fined the sum of $500.
Facts:
Following the running of race 2, Marks Ewen & Associates 1200, an Information was filed pursuant to Rule 614 (2). The Informant, Mr Oatham, alleged that Mr Kelso omitted the lead bag when saddling PRINCE OF PATCH.
Mr Kelso acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 614(2) provides: A person must not be neglectful or careless in saddling a horse.
Mr Oatham told the Committee that PRINCE OF PATCH was an acceptor for race 2. He said Mr Robinson, Stipendiary Steward, checked the gear at the plate inspection and identified that the lead bag had been omitted from PRINCE OF PATCH. After the Stewards had made enquiries the horse was sent back to be re saddled.
Mr Kelso told the Committee that he had 2 horses arrive at the same time he was saddling PRINCE OF PATCH. He was of the view because there was a lack of stalls it was haste which led him to omitting the lead bag.
Submissions for Penalty:
Mr Oatham produced Mr Kelso’s record which showed no previous breach under this Rule. He said this was a good record and on this occasion a clear mistake occurred. He stated all License Holders are aware of the possible ramifications if a lead bag is not detected. He said other breaches under this Rule had attracted $500 fines. Mr Oatham submitted an appropriate penalty for today’s breach would be a $500 fine.
Mr Kelso submitted that he has been a Trainer for 35 years and had not received a fine of any nature. He believed Mr Oatham’s submission of a $500 fine was totally excessive “because what we are racing for”. He asked the Committee to take into account his record when considering penalty.
In response to a question from the Committee, Mr Oatham was able to provide 3 similar breaches of this Rule which all attracted $500 fines.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Kelso’s admission of the breach and his excellent record in relation to this Rule. The notable fact is Mr Kelso was neglectful in omitting the lead bag when saddling PRINCE OF PATCH.
The Committee checked the JCA Penalty Guide which recommends a starting point for this Rule is a $750 fine.
The Committee checked other penalties imposed under this Rule which showed a $500 fine was the consistent penalty imposed. The Committee had regard for Mr Kelso’s excellent record, however the JCA listing of penalties show that Mr H, a Trainer of 45 years’ experience was fined $500 in October 2013.
After taking into account all the above facts and in the interest of consistency this Committee considers an appropriate penalty is a $500 fine.
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: 68fc61d8eab7def232e400461ccde8dd
informantnumber: A6589
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Omitted lead bag
plea: admitted
penaltyrequired: 1
decisiondate: 18/08/2014
hearing_title: R Taupo 20 August 2014 - R 2
charge:
facts:
Following the running of race 2, Marks Ewen & Associates 1200, an Information was filed pursuant to Rule 614 (2). The Informant, Mr Oatham, alleged that Mr Kelso omitted the lead bag when saddling PRINCE OF PATCH.
Mr Kelso acknowledged that he understood the nature of the charge, the Rule and confirmed his admission of the breach.
Rule 614(2) provides: A person must not be neglectful or careless in saddling a horse.
Mr Oatham told the Committee that PRINCE OF PATCH was an acceptor for race 2. He said Mr Robinson, Stipendiary Steward, checked the gear at the plate inspection and identified that the lead bag had been omitted from PRINCE OF PATCH. After the Stewards had made enquiries the horse was sent back to be re saddled.
Mr Kelso told the Committee that he had 2 horses arrive at the same time he was saddling PRINCE OF PATCH. He was of the view because there was a lack of stalls it was haste which led him to omitting the lead bag.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Kelso admitted the breach the Committee finds the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Kelso’s record which showed no previous breach under this Rule. He said this was a good record and on this occasion a clear mistake occurred. He stated all License Holders are aware of the possible ramifications if a lead bag is not detected. He said other breaches under this Rule had attracted $500 fines. Mr Oatham submitted an appropriate penalty for today’s breach would be a $500 fine.
Mr Kelso submitted that he has been a Trainer for 35 years and had not received a fine of any nature. He believed Mr Oatham’s submission of a $500 fine was totally excessive “because what we are racing for”. He asked the Committee to take into account his record when considering penalty.
In response to a question from the Committee, Mr Oatham was able to provide 3 similar breaches of this Rule which all attracted $500 fines.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Kelso’s admission of the breach and his excellent record in relation to this Rule. The notable fact is Mr Kelso was neglectful in omitting the lead bag when saddling PRINCE OF PATCH.
The Committee checked the JCA Penalty Guide which recommends a starting point for this Rule is a $750 fine.
The Committee checked other penalties imposed under this Rule which showed a $500 fine was the consistent penalty imposed. The Committee had regard for Mr Kelso’s excellent record, however the JCA listing of penalties show that Mr H, a Trainer of 45 years’ experience was fined $500 in October 2013.
After taking into account all the above facts and in the interest of consistency this Committee considers an appropriate penalty is a $500 fine.
penalty:
Accordingly, Mr Kelso is fined the sum of $500.
hearing_type: Hearing
Rules: 614(2)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Mr K Kelso - Class A Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4cbd42b22f475bb90ec9dbdc6598d7bd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 0ff5d7ea79f58c0120f08b69d44baeea
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/08/2014
meet_title: Taupo RC - 20 August 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taupo-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Taupo RC