Archive Decision

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Southland RC 9 April 2016 – R 2 – Chair, Mr N Skelt

ID: JCA16203

Applicant:
Mr J McLaughlin - Stipendiary Steward

Respondent(s):
Mr K Thompson - Licensed Trainer

Information Number:
6373

Hearing Type:
Hearing

New Charge:
Presented the wrong horse to race

Rules:
802(1)(a)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Southland RC - 9 April 2016

Meet Chair:
NSkelt

Meet Committee Member 1:
GHall

Race Date:
2016/04/09

Race Number:
R 2

Decision:

As the charge was admitted it was found proved.

Penalty:

Mr Thompson is fined $400 and reminded of his obligations under the Rules of Thoroughbred Racing.

Facts:

Following the running of the CentrePoint & South City Liquorland Maiden, Mr McLaughlin lodged an information alleging Mr Thompson presented SALLY GET YOUR GUN to race when the horse THYME TRIAL was to race.

Mr Thompson admitted the charge and appeared at the hearing.

Rule 802 (1) (a) provides for the following:

(1) A person commits a breach of these Rules who:

(a) acts in contravention of or fails to comply with any provision of these Rules or any Regulation made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules:

Mr McLaughlin stated that during a brand check at the plating inspection it was found Mr Thompson had presented the wrong horse to race. SALLY GET YOUR GUN, a starter in Race 9, had been incorrectly presented. The correct horse should have been THYME TRIAL. SALLY GET YOUR GUN was returned to the stabling area and the correct horse THYME TRIAL was then presented.

Mr McLaughlin said Mr Thompson had made a genuine error and saddled the wrong horse for the race. He said the horse had been stopped at plating inspection and had not been presented into the birdcage.

Mr Thompson said it was a genuine mistake and not intentional. He stated he had 4 horses at the track and in the course of a busy day he had saddled ‘SALLY’ by mistake.

Submissions for Penalty:

Mr McLaughlin said Stewards viewed the incident as a simple mistake. The horse had been stopped early in the checking process and the correct horse had started.

Mr Thompson was very remorseful and apologised to the Committee for the error and accepted that under the Rules he was responsible. Mr Thompson said he had worked in the industry for over 50 years and he had never made such an elementary mistake.

Reasons for Penalty:

The Committee took into account Mr Thompson’s early admission of the breach. While presenting the wrong horse to race is a serious breach of the Rules, the wrong horse never reached the birdcage or the track, as the error was found during the plating inspection. The correct horse did start in the race and there was no delay to the start of the race because of the breach.

As a guide to setting a penalty the Committee has had regard to a previous breach of this rule where a $400 fine was imposed on another South Island trainer on 1 January 2014 at Waikouaiti, in almost identical circumstances.

Given this precedent and the circumstances of the breach, Mr Thompson’s genuine remorse, and that the correct horse did start, the Committee believes a monetary penalty towards the lower end of the scale is appropriate in this instance.

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: c9b4a850c1aefa15629b81bd88fde01b


informantnumber: 6373


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Presented the wrong horse to race


plea: admitted


penaltyrequired: 1


decisiondate: 12/04/2016


hearing_title: Southland RC 9 April 2016 - R 2 - Chair, Mr N Skelt


charge:


facts:

Following the running of the CentrePoint & South City Liquorland Maiden, Mr McLaughlin lodged an information alleging Mr Thompson presented SALLY GET YOUR GUN to race when the horse THYME TRIAL was to race.

Mr Thompson admitted the charge and appeared at the hearing.

Rule 802 (1) (a) provides for the following:

(1) A person commits a breach of these Rules who:

(a) acts in contravention of or fails to comply with any provision of these Rules or any Regulation made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules:

Mr McLaughlin stated that during a brand check at the plating inspection it was found Mr Thompson had presented the wrong horse to race. SALLY GET YOUR GUN, a starter in Race 9, had been incorrectly presented. The correct horse should have been THYME TRIAL. SALLY GET YOUR GUN was returned to the stabling area and the correct horse THYME TRIAL was then presented.

Mr McLaughlin said Mr Thompson had made a genuine error and saddled the wrong horse for the race. He said the horse had been stopped at plating inspection and had not been presented into the birdcage.

Mr Thompson said it was a genuine mistake and not intentional. He stated he had 4 horses at the track and in the course of a busy day he had saddled ‘SALLY’ by mistake.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found proved.


sumissionsforpenalty:

Mr McLaughlin said Stewards viewed the incident as a simple mistake. The horse had been stopped early in the checking process and the correct horse had started.

Mr Thompson was very remorseful and apologised to the Committee for the error and accepted that under the Rules he was responsible. Mr Thompson said he had worked in the industry for over 50 years and he had never made such an elementary mistake.


reasonsforpenalty:

The Committee took into account Mr Thompson’s early admission of the breach. While presenting the wrong horse to race is a serious breach of the Rules, the wrong horse never reached the birdcage or the track, as the error was found during the plating inspection. The correct horse did start in the race and there was no delay to the start of the race because of the breach.

As a guide to setting a penalty the Committee has had regard to a previous breach of this rule where a $400 fine was imposed on another South Island trainer on 1 January 2014 at Waikouaiti, in almost identical circumstances.

Given this precedent and the circumstances of the breach, Mr Thompson’s genuine remorse, and that the correct horse did start, the Committee believes a monetary penalty towards the lower end of the scale is appropriate in this instance.


penalty:

Mr Thompson is fined $400 and reminded of his obligations under the Rules of Thoroughbred Racing.


hearing_type: Hearing


Rules: 802(1)(a)


Informant: Mr J McLaughlin - Stipendiary Steward


JockeysandTrainer: Mr K Thompson - Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 78e96eb8fee11e5e2e8ce99fcb7f2892


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: de0ae5cc0c30d085c24e35b85f04fcc4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/04/2016


meet_title: Southland RC - 9 April 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: southland-rc


meet_racingtype: thoroughbred-racing


meet_chair: NSkelt


meet_pm1: GHall


meet_pm2: none


name: Southland RC