R Te Aroha 2 December 2013 – R 6
ID: JCA16497
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 2 December 2013
Meet Chair:
ADooley
Race Date:
2013/12/02
Race Number:
R6
Decision:
As Mrs Murdoch admitted the breach I find the charge proved.
Penalty:
Accordingly, Mrs Murdoch is fined $250.
Facts:
An Information was filed pursuant to Rule 534(1). The Informant, Mr Williamson, alleged that Mrs Murdoch failed to scratch EMILO in race 6 by the required time.
Mr Williamson advised the Committee Mrs Murdoch omitted to scratch the horse EMILO by the required time. The horse was officially scratched at 8.17am.
Mrs M Murdoch advised Mr Williamson she had no communication coverage at the beach this morning however accepted complete responsibility for her actions.
Mrs K Murdoch, representing the stable, informed the Committee EMILO raced last Thursday and it had “slipped her mother’s mind”.
Rule 534(1) states: 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.
Submissions for Penalty:
Mr Williamson produced Mrs Murdoch's record which showed she had no breaches under this Rule. He said the aggravating fact is a horse was denied a start, noting the race had 6 ballots. He said Mrs Murdoch had been completely up front with the Stewards. He submitted a fine of $250 would be appropriate because a horse was denied a start in the race.
Mrs K Murdoch acknowledged that a horse was denied a start and understood the consequences.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mrs Murdoch’s admission of the breach, her clear record under this Rule and her honesty with Stewards. However, this has to be balanced against the aggravating fact that a horse was denied a start due to Mrs Murdoch’s error. I referred to recent penalties under this Rule and noted on 20/10/2012 Mr P incurred a $250 fine for an identical breach. The JCA penalty guide recommended starting point is a $400 fine.
After taking into account all of the above factors and placing emphasis on the mitigating 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: bc169a2437c07d6dd99300dbffa347e6
informantnumber: A6017
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: failed to scratch by required time
plea: admitted
penaltyrequired: 1
decisiondate: 30/11/2013
hearing_title: R Te Aroha 2 December 2013 - R 6
charge:
facts:
An Information was filed pursuant to Rule 534(1). The Informant, Mr Williamson, alleged that Mrs Murdoch failed to scratch EMILO in race 6 by the required time.
Mr Williamson advised the Committee Mrs Murdoch omitted to scratch the horse EMILO by the required time. The horse was officially scratched at 8.17am.
Mrs M Murdoch advised Mr Williamson she had no communication coverage at the beach this morning however accepted complete responsibility for her actions.
Mrs K Murdoch, representing the stable, informed the Committee EMILO raced last Thursday and it had “slipped her mother’s mind”.
Rule 534(1) states: 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.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mrs Murdoch admitted the breach I find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mrs Murdoch's record which showed she had no breaches under this Rule. He said the aggravating fact is a horse was denied a start, noting the race had 6 ballots. He said Mrs Murdoch had been completely up front with the Stewards. He submitted a fine of $250 would be appropriate because a horse was denied a start in the race.
Mrs K Murdoch acknowledged that a horse was denied a start and understood the consequences.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mrs Murdoch’s admission of the breach, her clear record under this Rule and her honesty with Stewards. However, this has to be balanced against the aggravating fact that a horse was denied a start due to Mrs Murdoch’s error. I referred to recent penalties under this Rule and noted on 20/10/2012 Mr P incurred a $250 fine for an identical breach. The JCA penalty guide recommended starting point is a $400 fine.
After taking into account all of the above factors and placing emphasis on the mitigating factors the Committee considers an appropriate penalty is a $250 fine.
penalty:
Accordingly, Mrs Murdoch is fined $250.
hearing_type: Hearing
Rules: 534(1)
Informant: Mr M Williamson - Sitpendiary Steward
JockeysandTrainer: Mrs M Murdoch - Trainer of EMILO
Otherperson: Mrs K Murdoch - representing Mrs M Murdoch
PersonPresent:
Respondent:
StipendSteward:
raceid: cc4babeb311dce453536a99a8112ef4f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c217e580a0bd1f5c8cebea10652b91d3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/12/2013
meet_title: Racing Te Aroha - 2 December 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Te Aroha