Non Raceday Inquiry RIU v J Clementson – Penalty Decision dated 30 December 2020 – Chair, Mr D Anderson

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hearing_title: Non Raceday Inquiry RIU v J Clementson - Penalty Decision dated 30 December 2020 - Chair, Mr D Anderson

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BEFORE A JUDICIAL COMMITTEE

IN THE MATTER of the New Zealand Rules of Harness Racing

IN THE MATTER of Information No. A13615

BETWEEN P WILLIAMS

Stipendiary Steward for the Racing Integrity Unit

Informant

AND J CLEMENTSON, Licensed Open Trainer

Respondent

Date of Hearing: -30 December 2020

Venue: --Reefton Racecourse, Reefton

Judicial Committee:-Mr D Anderson, Chair
                                Mr R McKenzie, Member

Present: --Mr Williams the Informant
              Mr J Clementson the Respondent

Date of Decision: -30 December 2020

PENALTY DECISION OF JUDICIAL COMMITTEE

The Charge

[1] -Information No A13615 alleges that:

Trainer J Clementson failed to have IDEAL INVASION in its allocated stall at the Geraldine Trotting Clubs race meeting by the prescribed time of 12.50 pm – the horse being an accepter in Race 5 which had a start time of 2.20 pm.

[2] -Mr Williams produced a letter signed by Mr M R Godber, General Manager of the Racing Integrity Unit, authorising the filing of the information pursuant to Rule 1108

The Rules

[3] -Rule 213(1) (h) reads as follows;

A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds.
(a) that the horse is not in a fit condition or state to race or is unable to start without unreason fable delay…
(h) that the horse is not eligible to enter or start in a race.

[4]-The programming Conditions contained with the Harness Racing New Zealand Regulations state: -
15 Race Meeting Attendance:
(a)-The trainer of any horse engaged in any race at a totalisator race meeting shall ensure that such horse is available with an attendant in the official stabling complex (or in its allocated stall)
(i)-At least one hour prior to the advertised starting time of the first race of the meeting where it is entered in that race, at least ninety minutes prior to the advertised starting time of the race; or
(ii)-Prior to such other time as may be notified in the advertised programme.
(iii)- The time prescribed in this clause may be varied upon being officially notified in the advertised programme for any specified race meeting.
(b)-Failure to comply with the conditions outlined in this clause may result in the horse being deemed ineligible to start and may be scratched by the Stipendiary Stewards pursuant to Rule 213(1) (h).

The Plea

[5]-Information A13615 was served on Mr Clementson at the Trials meeting at Ashburton on Tuesday 1 December 2020 at which time he signed the Information admitting the breach.

[6] -Mr Clementson was present at the hearing of the Information. The charge, the Rule and the programming conditions were read to him. He confirmed that he understood them and that he admitted the breach. The charge was found proved accordingly.

Summary of Facts

[7] -IDEAL INVASION was an acceptor in race 5 at the Geraldine TC meeting on 28 November 2020. The race was timed to start at 2.20pm which meant that in terms of the above stated programming conditions, the horse was required to be in its allocated stall at the racecourse no later than 12.50pm.

[8]-Just prior to 2.00pm the Clerk of the Course advised Stewards that IDEAL INVASION and Mr Clementson were not in their allocated stall. A search was made of the stabling areas in an attempt to locate him, but this was unsuccessful. It was not possible to contact Mr Clementson by telephone as he does not own a mobile phone nor was he able to be emailed as he does not own a laptop. After continuing efforts to try and locate him, all of which were unsuccessful, and with it being clear the horse was not going to arrive on course in time for the Race Stewards scratched the horse from Race 5 at 2.12pm.

[9]-Subsequent to that decision RIU Investigator, Mrs Kylie Williams, who was working at the race meeting contacted Mr Clementson on his wife’s mobile telephone. When asked why he did not present IDEAL INVASION to race he said he thought the races were being held on Sunday 29 November and not the day before. Mrs Williams then asked Mr Clementson if he would attend the Stewards room at Addington on Sunday 29 November where he could explain to the Stewards the circumstances of his non-attendance at the Geraldine TC meeting the previous day.

[10]-Mr Clementson was interviewed by Mr Ydgren, Chief Stipendiary Steward, Harness Racing on 29 November. Mr Clementson said he did not own a mobile phone or a lap top and 2 or 3 weeks ago had contacted Andrew Morris at Harness Racing New Zealand asking for a list of the season’s nomination and race dates so that he would know when to nominate his horses for race meetings. He said he had never received a reply to that request. He said he nominated IDEAL INVASION for the Geraldine TC meeting after being spoken to by a friend and neighbour and had given the nomination to a Representative of the Club. The raceday manager, Mr Bromley, has since confirmed he received a voice message on his mobile phone from Mr Clementson nominating IDEAL INVASION for Race 5. Mr Clementson also repeated what he had told Mrs Williams in that he assumed the race meeting was on Sunday 29 November and had no idea the meeting was being held on Saturday 28 November until contacted by Mrs Williams and asked why he was not on course.

Respondent's Submissions

[11] -Mr Clementson stated at the hearing he was having trouble with his memory but acknowledged he had made a mistake and he accepted the Summary of Facts were true and correct.

Penalty Submissions by the Racing Integrity Unit

[12] -Mr Williams said Mr Clementson has a clear record in relation to this Rule and has been cooperative from the outset of this matter.

[13]-Mr Williams said Mr Clementson as the Licenced Trainer of IDEAL INVASION, has sole responsibility for correctly nominating, accepting and attending race meetings. The failure of the horse to attend at Geraldine was a clear breach of the Rules and Regulations by Mr Clementson.

[14]-Mr Williams said the late scratching, so close to start time, was detrimental to punters, the Club and the TAB’s turnover which was affected as all bets on the horse had to be refunded. He said it was fortunate no other horse was denied a start as a result of the late scratching.

[15]-Mr Williams said there have been three similar breaches of this Rule, two in 2017 and one in 2018. In all three cases the breach of the rule was admitted and the penalty of a $400 fine imposed. Mr Williams submitted that a fine of no less than $400 would be appropriate in this case.

Respondent’s Submissions on Penalty

[16] -Mr Clementson chose not to make any submissions on Penalty.

Reasons for Penalty

[17] -Mr Clementson has made a simple mistake, something he said is common for someone like him who is at an advanced age. He isn’t the first Trainer to show up at the races on the wrong day, or indeed not show at all, and in reality, he won’t be the last. The Committee have some compassion for Mr Clementson for what transpired at Geraldine.

[18] -The consequences of Mr Clementson’s negligence have been outlined in Mr Williams’ submissions. Mr Clementson has been very frank in endorsing these submissions and the Stewards are complimentary for his cooperation throughout this matter.

[19] -The three similar breaches of this Rule Mr Williams alluded to are very helpful to the Committee. After taking into account Mr Clementson’s admission and clear record and for consistency this Committee find a $400 fine is an appropriate penalty in this case.

Penalty

[20] -Mr Clementson is fined the sum of $400.

D Anderson
Chair

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