Auckland RC 15 December 2013 – R 3
ID: JCA16428
Code:
Thoroughbred
Meet Title:
Auckland RC - 15 December 2013
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2013/12/15
Race Number:
R3
Decision:
As Mr Ormsby admitted the breach the charge is proved.
Penalty:
Accordingly, we impose a fine of $250.
Facts:
This charge relates to Race number 3, the DIET COKE 1400. An Information was filed pursuant to Rule 534(1) alleging that training partners Mr C Ormsby and Mr Moroney failed to scratch THE LAST SHOWER by the required time (7.30 am). Mr Ormsby appeared at the hearing on behalf of the partnership and he confirmed to the Committee that he admitted the breach and he was aware of the provisions of the relevant rule.
Rule 534(1) provides:
“At any time from the withdrawal deadline to the scratching deadline (as specified for the relevant race meeting) in accordance with rule 510 (d) (v) or as amended by NZTR from time to time) on the relevant race day, a person intending to scratch a horse from a race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a race meeting but does not specify a particular race at that race meeting, such notice shall be deemed to apply to all races for which the horse has been accepted or deemed to have been accepted at that race meeting”.
Mr Oatham advised the Committee Mr Ormsby omitted to scratch the horse THE LAST SHOWER by the required time. The horse was officially scratched shortly before 8.00 am after an employee of the Racing Bureau contacted Mr Ormsby to confirm whether or not he was intending to start THE LAST SHOW in race 3 at Ellerslie. Mr Oatham said that the query from the bureau was due to the fact THE LAST SHOWER raced at the Waikato meeting the previous day.
Mr Oatham said because there were only 9 acceptors in the race no horses were balloted out, therefore no horse was denied a start as a result of the failure to scratch THE LAST SHOW.
Mr Ormsby told the Committee that he always intended to scratch THE LAST SHOWER and it was an oversight on his part. He said that he thought the deadline for scratching was 12.00 pm and his basis for this belief was because a there was a later deadline for a similar twilight meeting run earlier in the week (12.00 pm). He thought that same applied to this meeting because the first race did not start until 2.30 pm.
Submissions for Penalty:
Mr Oatham produced Ormsby's record which showed one previous breach of this particular rule in May 2013. He said previous breaches have incurred fines ranging between $150 and $400. Given the particular circumstances of the breach he submitted a fine of $250 would be appropriate.
Mr Ormsby submitted that he should be given credit for admitting the breach and that no other horses were denied a start because of his failure to scratch before the deadline. He submitted the matter could be deal with by way of fine in the vicinity of $200.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented as well as the penalty guidelines for Judicial Committees and penalties issued for similar breaches. The Committee has assessed Mr Ormsby's admission of the breach as a mitigating factor. This is Mr Ormsby’s second breach under this rule during the past 12 months and we assess this as an aggravating factor.
The Committee accepts Mr Ormsby's submission that on Wednesday of this week the scratching deadline was 12 pm, for twilight programme and we note today's start time was 2.30 pm and can understand why Mr Ormsby might have thought there would be a similar scratching deadline for today’s meeting. However, ultimately Mr Ormsby has an obligation to ensure he is aware of the scratching deadline for each meeting he has runners entered.
After taking into account all of the above factors the Committee considers an appropriate penalty is a $250 fine.
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: b4128e4502e0cc925a6466056274db35
informantnumber: A2931
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to scratch THE LAST SHOWER by the time required deadline
plea: admitted
penaltyrequired: 1
decisiondate: 30/11/2013
hearing_title: Auckland RC 15 December 2013 - R 3
charge:
facts:
This charge relates to Race number 3, the DIET COKE 1400. An Information was filed pursuant to Rule 534(1) alleging that training partners Mr C Ormsby and Mr Moroney failed to scratch THE LAST SHOWER by the required time (7.30 am). Mr Ormsby appeared at the hearing on behalf of the partnership and he confirmed to the Committee that he admitted the breach and he was aware of the provisions of the relevant rule.
Rule 534(1) provides:
“At any time from the withdrawal deadline to the scratching deadline (as specified for the relevant race meeting) in accordance with rule 510 (d) (v) or as amended by NZTR from time to time) on the relevant race day, a person intending to scratch a horse from a race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a race meeting but does not specify a particular race at that race meeting, such notice shall be deemed to apply to all races for which the horse has been accepted or deemed to have been accepted at that race meeting”.
Mr Oatham advised the Committee Mr Ormsby omitted to scratch the horse THE LAST SHOWER by the required time. The horse was officially scratched shortly before 8.00 am after an employee of the Racing Bureau contacted Mr Ormsby to confirm whether or not he was intending to start THE LAST SHOW in race 3 at Ellerslie. Mr Oatham said that the query from the bureau was due to the fact THE LAST SHOWER raced at the Waikato meeting the previous day.
Mr Oatham said because there were only 9 acceptors in the race no horses were balloted out, therefore no horse was denied a start as a result of the failure to scratch THE LAST SHOW.
Mr Ormsby told the Committee that he always intended to scratch THE LAST SHOWER and it was an oversight on his part. He said that he thought the deadline for scratching was 12.00 pm and his basis for this belief was because a there was a later deadline for a similar twilight meeting run earlier in the week (12.00 pm). He thought that same applied to this meeting because the first race did not start until 2.30 pm.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ormsby admitted the breach the charge is proved.
sumissionsforpenalty:
Mr Oatham produced Ormsby's record which showed one previous breach of this particular rule in May 2013. He said previous breaches have incurred fines ranging between $150 and $400. Given the particular circumstances of the breach he submitted a fine of $250 would be appropriate.
Mr Ormsby submitted that he should be given credit for admitting the breach and that no other horses were denied a start because of his failure to scratch before the deadline. He submitted the matter could be deal with by way of fine in the vicinity of $200.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented as well as the penalty guidelines for Judicial Committees and penalties issued for similar breaches. The Committee has assessed Mr Ormsby's admission of the breach as a mitigating factor. This is Mr Ormsby’s second breach under this rule during the past 12 months and we assess this as an aggravating factor.
The Committee accepts Mr Ormsby's submission that on Wednesday of this week the scratching deadline was 12 pm, for twilight programme and we note today's start time was 2.30 pm and can understand why Mr Ormsby might have thought there would be a similar scratching deadline for today’s meeting. However, ultimately Mr Ormsby has an obligation to ensure he is aware of the scratching deadline for each meeting he has runners entered.
After taking into account all of the above factors the Committee considers an appropriate penalty is a $250 fine.
penalty:
Accordingly, we impose a fine of $250.
hearing_type: Hearing
Rules: Rule 534(1)
Informant: Mr J Oatham – Stipendiary Steward
JockeysandTrainer: Mr C Ormsby and Mr M Moroney – Trainers of THE LAST SHOWER
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 24ebda9c4a677d13eded57aca6ccd7c5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fcc8fa48722e6ed6d57ebfe13e2f5040
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/12/2013
meet_title: Auckland RC - 15 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Auckland RC