Riccarton Park – Amberley 11 March 2021 – R 5 – Chair, Mr S Ching
ID: JCA13819
Code:
Thoroughbred
Meet Title:
Canterbury JC - 11 March 2021
Meet Chair:
SChing
Race Date:
2021/03/11
Race Number:
R5
Decision:
As Mr Frye had admitted the breach, the charge was found proved.
Penalty:
Accordingly, Mr Frye is fined the sum of $300.
Facts:
Prior to the running of Race 5, the Fern Law Ltd Lawyers Maiden, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Class A Trainer, Mr D Frye, alleging that he scratched GELATO after the required time.
Rule 534(1) reads as follows;
At any time from the Withdrawal Deadline to the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, a person intending to scratch a horse from a Race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a Race Meeting but does not specify a particular Race at that Race Meeting, such notice shall be deemed to apply to all Races for which the horse has been accepted or deemed to have been accepted at that Race Meeting.
Mr Frye had indicated on the Information that this breach of the Rules was admitted. Mr Frye confirmed his admission of the breach at the hearing and that he understood the charge and Rule it was brought under.
Mr Davidson informed the Committee that Mr Frye had been unsuccessful with a request for a ruling to late scratch GELATO earlier in the day. He said immediately after the request was denied, Mr Frye late scratched the horse, as he did not want to start the horse due to his concerns with the track conditions and a bias against the inside drawn horses.
Mr Frye elected to make no submissions in regard to the incident as the Committee had heard all evidence at the request for a ruling.
Submissions for Penalty:
Mr Davidson stated that Mr Frye had a clear record in regard to this Rule. He said that there were several breaches in recent years where fines were imposed in similar circumstances ranging from $300 to $400. Mr Davidson stated that the Stewards assessed this breach as low level and submitted that a fine between $250 and $300 be imposed as penalty.
Mr Frye asked the Committee to consider when assessing penalty, that he would be faced with a late scratching fee of approximately $300, on top of any fine imposed by the Committee.
Reasons for Penalty:
The JCA Penalty Guide starting point for a breach of this Rule is a fine of $200. The circumstances of this breach were similar to the historic breaches mentioned by Mr Davidson where connections had late scratched during the race day with no material change in track conditions with fines of between $300 and $400 imposed. This Committee determined that after taking all factors into consideration and with consistency in mind, a fine of $300 was an appropriate penalty in this case.
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: 73713439067fa4ef0a2cc859ff414902
informantnumber: A14064
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Scratched horse after the required time
plea: admitted
penaltyrequired: 1
decisiondate: 12/03/2021
hearing_title: Riccarton Park - Amberley 11 March 2021 - R 5 - Chair, Mr S Ching
charge:
facts:
Prior to the running of Race 5, the Fern Law Ltd Lawyers Maiden, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Class A Trainer, Mr D Frye, alleging that he scratched GELATO after the required time.
Rule 534(1) reads as follows;
At any time from the Withdrawal Deadline to the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, a person intending to scratch a horse from a Race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a Race Meeting but does not specify a particular Race at that Race Meeting, such notice shall be deemed to apply to all Races for which the horse has been accepted or deemed to have been accepted at that Race Meeting.
Mr Frye had indicated on the Information that this breach of the Rules was admitted. Mr Frye confirmed his admission of the breach at the hearing and that he understood the charge and Rule it was brought under.
Mr Davidson informed the Committee that Mr Frye had been unsuccessful with a request for a ruling to late scratch GELATO earlier in the day. He said immediately after the request was denied, Mr Frye late scratched the horse, as he did not want to start the horse due to his concerns with the track conditions and a bias against the inside drawn horses.
Mr Frye elected to make no submissions in regard to the incident as the Committee had heard all evidence at the request for a ruling.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Frye had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson stated that Mr Frye had a clear record in regard to this Rule. He said that there were several breaches in recent years where fines were imposed in similar circumstances ranging from $300 to $400. Mr Davidson stated that the Stewards assessed this breach as low level and submitted that a fine between $250 and $300 be imposed as penalty.
Mr Frye asked the Committee to consider when assessing penalty, that he would be faced with a late scratching fee of approximately $300, on top of any fine imposed by the Committee.
reasonsforpenalty:
The JCA Penalty Guide starting point for a breach of this Rule is a fine of $200. The circumstances of this breach were similar to the historic breaches mentioned by Mr Davidson where connections had late scratched during the race day with no material change in track conditions with fines of between $300 and $400 imposed. This Committee determined that after taking all factors into consideration and with consistency in mind, a fine of $300 was an appropriate penalty in this case.
penalty:
Accordingly, Mr Frye is fined the sum of $300.
hearing_type: Hearing
Rules: 534(1)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr D Frye - Class A Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 41b3dd903ec9b05ec50eb5348d7d9c0b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: aef18a30d5b96b3528ffef59be51b78d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/03/2021
meet_title: Canterbury JC - 11 March 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Canterbury JC