NZ Metro TC 9 December 2017 – R 1 – Chair, Mr S Ching
ID: JCA14332
Meet Title:
NZ Metro TC - 9 December 2017
Meet Chair:
SChing
Meet Committee Member 1:
HWeston
Race Date:
2017/12/09
Race Number:
R1
Decision:
As Mr Thornley, on behalf of Mr McRae, had admitted this breach of the Rules it was found to be proved.
Penalty:
Accordingly, Mr McRae was fined the sum of $400.
Facts:
Prior to the running of Race 1, the Christchurch Casino Mobile Trot, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Public Trainer, Mr S McRae, alleging a breach of Rule 213(1) (h) in that he failed to ensure SUCH FUN was in its allocated stall by the prescribed time and as such the mare was scratched by order of the Stewards at 5.08pm.
Stable representative, Mr CD Thornley had indicated on the Information that this breach of the Rules was admitted. Mr Thornley had also endorsed the information that he did not wish to be present at the hearing.
Rule 213(1)(h) reads as follows:
213 (1) 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:-
(h) that the horse is not eligible to enter or start in a race;
(i) that the horse has suffered an attack of nasal bleeding from one or both nostrils. The period the horse.
Progamming Conditions #15(a)(i) reads as follows;
15. Racemeeting 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, or, if entered in a subsequent 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
Mr Ydgren gave evidence that SUCH FUN was required to be on course by 4.35pm and at the time of the hearing was still not on course. Mr Ydgren said that SUCH FUN was subsequently late scratched at 5.08pm when it was clear the horse was not going to arrive on course in time for the race. Mr McRae was currently in Perth and the caretaker trainer was Mr CD Thornley. He said that a late scratching so close to start time was detrimental to punters as the horse was 2nd favourite on the fixed odds market, as well as the club who have been adversely affected. Mr Ydgen stated that it was a negligent act from the stable in not having the horse at the races to compete.
Submissions for Penalty:
Mr Ydgren stated that these situations did not happen very often but that the most recent case with similar circumstances was RIU v N Chilcott in August 2017 where Ms Chilcott had failed get her runner, a dual acceptor, back to the course on time to compete in its race. Ms Chilcott was fined the sum of $400 with Mr Ydgren submitting that a fine commensurate with that penalty be considered as penalty.
Reasons for Penalty:
The JCA Penalty Guide does not provide a starting point for a breach of this rule but we were assisted by the decision of RIU v Chilcott where the penalty was a fine of $400. In this case we have adopted a starting point of $500 for a mid-range breach, as the Committee did in the Chilcott case, and determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted. We were however able to afford Mr McRae a combined discount for his clear record and his admission of the breach which we set at $100. We therefore determined that a fine of $400 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: 7657bba890679519f0345e86c0b0ccf1
informantnumber: A8982
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to ensure runner was on course by the prescribed time.
plea: admitted
penaltyrequired: 1
decisiondate: 12/12/2017
hearing_title: NZ Metro TC 9 December 2017 - R 1 - Chair, Mr S Ching
charge:
facts:
Prior to the running of Race 1, the Christchurch Casino Mobile Trot, an information was filed by Chief Stipendiary Steward Mr N Ydgren against Public Trainer, Mr S McRae, alleging a breach of Rule 213(1) (h) in that he failed to ensure SUCH FUN was in its allocated stall by the prescribed time and as such the mare was scratched by order of the Stewards at 5.08pm.
Stable representative, Mr CD Thornley had indicated on the Information that this breach of the Rules was admitted. Mr Thornley had also endorsed the information that he did not wish to be present at the hearing.
Rule 213(1)(h) reads as follows:
213 (1) 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:-
(h) that the horse is not eligible to enter or start in a race;
(i) that the horse has suffered an attack of nasal bleeding from one or both nostrils. The period the horse.
Progamming Conditions #15(a)(i) reads as follows;
15. Racemeeting 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, or, if entered in a subsequent 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
Mr Ydgren gave evidence that SUCH FUN was required to be on course by 4.35pm and at the time of the hearing was still not on course. Mr Ydgren said that SUCH FUN was subsequently late scratched at 5.08pm when it was clear the horse was not going to arrive on course in time for the race. Mr McRae was currently in Perth and the caretaker trainer was Mr CD Thornley. He said that a late scratching so close to start time was detrimental to punters as the horse was 2nd favourite on the fixed odds market, as well as the club who have been adversely affected. Mr Ydgen stated that it was a negligent act from the stable in not having the horse at the races to compete.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Thornley, on behalf of Mr McRae, had admitted this breach of the Rules it was found to be proved.
sumissionsforpenalty:
Mr Ydgren stated that these situations did not happen very often but that the most recent case with similar circumstances was RIU v N Chilcott in August 2017 where Ms Chilcott had failed get her runner, a dual acceptor, back to the course on time to compete in its race. Ms Chilcott was fined the sum of $400 with Mr Ydgren submitting that a fine commensurate with that penalty be considered as penalty.
reasonsforpenalty:
The JCA Penalty Guide does not provide a starting point for a breach of this rule but we were assisted by the decision of RIU v Chilcott where the penalty was a fine of $400. In this case we have adopted a starting point of $500 for a mid-range breach, as the Committee did in the Chilcott case, and determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted. We were however able to afford Mr McRae a combined discount for his clear record and his admission of the breach which we set at $100. We therefore determined that a fine of $400 was an appropriate penalty in this case.
penalty:
Accordingly, Mr McRae was fined the sum of $400.
hearing_type: Hearing
Rules: 213(1)(h) & Programming Conditions #15(a)(i)
Informant: N Ydgren- Chief Stipendiary Steward
JockeysandTrainer: S McRae-Public Trainer
Otherperson: CD Thornley, Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: a4b3131b815ef90a52c0700497c7ee91
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f7d8a2bd6e3015e9f7acf764fec43745
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/12/2017
meet_title: NZ Metro TC - 9 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC