Archive Decision

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Reefton TC 30 December 2020 – R 7 – Chair, Mr D Anderson

ID: JCA15214

Applicant:
Mr R Quirk - Stipendiary Steward

Respondent(s):
Mr T Bagrie - Licensed Trainer

Information Number:
A13628

Hearing Type:
Hearing

New Charge:
Late scratching of horse

Rules:
834(2)(a)

Plea:
admitted

Meet Title:
Reefton TC - 30 December 2020

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2020/12/30

Race Number:
R 7

Decision:

Mr Bagrie having admitted the breach, the charge was found proved.

Penalty:

Mr Bagrie is fined the sum of $300.

Facts:

Information number No A13628 was filed by Stipendiary Steward, Mr R Quirk, against Licensed Public Trainer Mr T Bagrie, alleging that as the trainer of STARVIN MARVIN, acceptor for Race 7, the Kohatu Flat Rock Café/Ron Crook Memorial Pace “was late scratching STARVIN MARVIN after the horse was sold”.

Mr Bagrie acknowledged he understood the Rule and confirmed that the breach was admitted.

Rule 834(2)(a) provides as follows:
(2) (a) After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of which shall be given to the Stipendiary Steward in writing.

Mr Quirk said at approximately 1.30 pm Mr Bagrie informed him that he wished to scratch STARVIN MARVIN from Race 7 because the horse had been sold. He said scratching breaches are usually dealt with as a Minor Infringement. The Stewards issued an Information for this breach as it was approximately two hours before race start time and there would be many fixed odds and multi bets affected with the scratching.

Mr Bagrie said the agreement to sell had only just happened and he immediately came to the Stewards room. He said both the new and old owners were adamant they didn’t want to take the risk of starting the horse, have something go awry, and jeopardise the sale.

Mr Quirk scratched STARVIN MARVIN out of race seven at 1 40 pm.

Submissions for Penalty:

Mr Quirk said the penalty for this Rule is usually a $200 fine, but the Stewards feel there are some aggravating factors, and he would leave it to the Committee to consider the appropriate penalty.

Reasons for Penalty:

The JCA Guidelines for Rule 834(2)(a) provides for a $200 fine as a starting point for penalty.

The Committee considered the aggravating factors arising from this situation, which are, the inconvenience to betting public, the relatively short notice of the scratching and that the Reefton Trotting Club have been financially disadvantaged.

The Committee having regard for the above factors, considered 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: 770b905114dea78408de0b069bef6e6d


informantnumber: A13628


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Late scratching of horse


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2020


hearing_title: Reefton TC 30 December 2020 - R 7 - Chair, Mr D Anderson


charge:


facts:

Information number No A13628 was filed by Stipendiary Steward, Mr R Quirk, against Licensed Public Trainer Mr T Bagrie, alleging that as the trainer of STARVIN MARVIN, acceptor for Race 7, the Kohatu Flat Rock Café/Ron Crook Memorial Pace “was late scratching STARVIN MARVIN after the horse was sold”.

Mr Bagrie acknowledged he understood the Rule and confirmed that the breach was admitted.

Rule 834(2)(a) provides as follows:
(2) (a) After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of which shall be given to the Stipendiary Steward in writing.

Mr Quirk said at approximately 1.30 pm Mr Bagrie informed him that he wished to scratch STARVIN MARVIN from Race 7 because the horse had been sold. He said scratching breaches are usually dealt with as a Minor Infringement. The Stewards issued an Information for this breach as it was approximately two hours before race start time and there would be many fixed odds and multi bets affected with the scratching.

Mr Bagrie said the agreement to sell had only just happened and he immediately came to the Stewards room. He said both the new and old owners were adamant they didn’t want to take the risk of starting the horse, have something go awry, and jeopardise the sale.

Mr Quirk scratched STARVIN MARVIN out of race seven at 1 40 pm.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Bagrie having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Quirk said the penalty for this Rule is usually a $200 fine, but the Stewards feel there are some aggravating factors, and he would leave it to the Committee to consider the appropriate penalty.


reasonsforpenalty:

The JCA Guidelines for Rule 834(2)(a) provides for a $200 fine as a starting point for penalty.

The Committee considered the aggravating factors arising from this situation, which are, the inconvenience to betting public, the relatively short notice of the scratching and that the Reefton Trotting Club have been financially disadvantaged.

The Committee having regard for the above factors, considered a fine of $300 was an appropriate penalty in this case.


penalty:

Mr Bagrie is fined the sum of $300.


hearing_type: Hearing


Rules: 834(2)(a)


Informant: Mr R Quirk - Stipendiary Steward


JockeysandTrainer: Mr T Bagrie - Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e7d9070cc3a68ad32ebcbe3bd2645f4b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f430d00c2a5c6c442a3c75e218708284


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/12/2020


meet_title: Reefton TC - 30 December 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: reefton-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: Reefton TC