R9 Ashburton Trotting Club 4 June 2017 Chair Mr S Ching

hearingid: 88653598d1de05db861596bc3191df0f

informantnumber: A9601

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startdate: no date provided

newcharge: Breach of Rule 858(b)

plea: admitted

penaltyrequired: 1

decisiondate: 05/06/2017

hearing_title: R9 Ashburton Trotting Club 4 June 2017 Chair Mr S Ching

charge:

facts:

 Following the running of Race 7, the T F Pearson Memorial Handicap Trot, an Information was filed by Stipendiary Steward Mr S Renault, against Open Horseman, Mr G Smith, alleging a breach of Rule 858(b) in that he presented HE’S LIKE THE WIND with 2 minutes until start time.
Rule 858(b) reads 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 Smith had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Smith also confirmed that he understood the rule he was being charged with.
Stipendiary Steward, Mr Renault gave evidence that Mr Smith arrived into the birdcage 2 minutes prior to the start time of Race 9. He said Mr Smith went to the start area with only ½ a lap warm up. Mr Renault stated that the race was delayed partially due to Mr Smith’s lateness and another horse playing up at the start.
Mr Smith said he was at the start in time as the starter had not called the horses up at that stage. He said he usually delays this horse’s coming out and warming up as he ties up. He said he didn’t think it affected the horse in any way and would prefer to be late onto the track with this horse but the rules don’t allow it. Mr Smith said that when he put the colours on the zip broke and he went out to his truck to find he did not have any other colours. He said after trying to fix the zip with assistance from other people he got some tape and taped the colours together in order to race, which caused the delay.

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isappeal:

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Decision:

 As Mr Smith had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

sumissionsforpenalty:

 Mr Renault stated that this offence is normally dealt with by way of a MIN. He said that this information was before the Committee as this was Mr Smith’s 3rd breach of this rule. On 31 March, Mr Smith was fined $100 for being late onto the track under 10 minutes and on 12 May at Addington he was a further $100 for the same offence. He said the MIN for being under 10 minutes late was a fine of $100 with a fine of $200 under a MIN for being under 5 minutes late.
He said this was Mr Smith’s 3rd offence within 120 days and the reason it was before the Committee. Mr Renault submitted that after hearing Mr Smith’s explanation, a $200 fine, which is in keeping with the MIN penalty, be considered as penalty in this case.

reasonsforpenalty:

 The Committee agreed with Mr Renault, after hearing Mr Smith’s explanation, that a fine
commensurate with the normal MIN fine of $200, be imposed as penalty.

penalty:

 Accordingly, Mr Smith was fined the sum of $200.

hearing_type: Hearing

Rules: 858(b)

Informant: S Renault- Stipendiary Steward

JockeysandTrainer: G Smith- Open Horseman

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