Kumeu TC 20 May 2011 – R 8
ID: JCA16504
Meet Title:
Kumeu TC - 20 May 2011
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2011/05/20
Race Number:
R8
Decision:
The Committee finds the charge proven.
Penalty:
The Committee imposes a fine of $200 on Messrs Hollis and Robertson.
Charge:
Trainers Hollis and Robertson were charged with Late Scratching RESERVATION ROAD after it had been sold to overseas owners.
Rule 834(2) provides: “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.”
Facts:
Stipendiary Steward Mr JM Muirhead advised the Committee that on Race Day the 20th of May 2011 Mr Hollis advised him that RESERVATION ROAD had been sold and that the new owners instructed him to scratch the horse. Mr Hollis was advised to put the notification in writing and he did so and it was signed not only by Mr Hollis and Mr Robertson but also by the other co-owner of the horse.
Mr Muirhead advised that the notification was given at 12.30pm today and as such was very late. Mr Muirhead produced the letter provided by Mr Hollis and said that the Stipendiary Stewards did not accept the sale of the horse as being a sufficient reason for a late scratching. Mr Muirhead also said that it was fortunate that in this race there were no horses with right of re-entry so the late scratching did not prevent another horse from getting a start. Mr Muirhead pointed out that the charge could have been dealt with under the Minor Infringement System but Mr Hollis requested that it be presented to the JCA.
Mr Hollis did not have any questions of Mr Muirhead.
Mr Hollis for his part said that he intended to race the horse and it had been prepared for Race Day as normal. He said that he had told this to Mr Muirhead.
He also said that the horse had been under offer during the week and that he had telephoned the Agent on a number of occasions to see if the sale had gone through because he was anxious to know where he stood. He said that he only got advised at 12.15pm today that the money had gone through and the sale was complete and he was also instructed on behalf of the overseas owners to scratch the horse. Mr Hollis pointed out that the horse is a two year old and he thought that it would win tonight and if it did then that would be detrimental to its handicapping in Australia.
Mr Hollis also said that he was aware that the horse BETTOR ABS was late scratched at Cambridge the previous evening and there was no penalty for it and he also pointed out that the horse IDLE MAL was late scratched at 9.00am today and there was no penalty for it. In view of this Mr Hollis did not believe that any penalty should be imposed on him.
Mr Muirhead asked Mr Hollis if he had relayed to the Agent that there could be a penalty for late scratching the horse. Mr Hollis said that he did not think about any penalty and accordingly did not relay it to the Agent.
Mr Muirhead said that the two horses mentioned by Mr Hollis were not relevant to this situation but by way of explanation he said that the Stipendiary Stewards at Cambridge had not been notified that BETTOR ABS was a late scratching and he also said that because of its performance IDLE MAL was going to be stood down but the Trainer said he wasn’t going to persevere with that horse and accordingly it had to be scratched from today.
Submissions for Decision:
As above.
Reasons for Decision:
The facts surrounding the scratching of RESERVATION ROAD are accepted by both parties and this was clearly a late scratching. The Rule is very clear.
Submissions for Penalty:
Mr Muirhead said that under the Minor Infringement System provisions that the fine is in the amount of $200. He submitted that that fine would be appropriate in this case.
Mr Hollis thought a fine of $200 was excessive because it was a situation that had been imposed on him as a result of the sale of the horse. He pointed to the evidence that he had presented by way of mitigation.
Reasons for Penalty:
In addressing penalty following the charge having been proven, the Committee notes the fine under the Minor Infringement System. The Committee also has the benefit of the JCA Penalty Schedule and this shows at least five situations where horses have been late scratched as a result of sale and in each case a fine of $200 was imposed. There do not appear to be any special circumstances here that would affect the penalty and the Committee needs to be consistent and believes that a fine of $200 is appropriate.
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: bcf10337d8e9b281bde8949f6206a2d0
informantnumber: 66774
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 14/04/2011
hearing_title: Kumeu TC 20 May 2011 - R 8
charge:
Trainers Hollis and Robertson were charged with Late Scratching RESERVATION ROAD after it had been sold to overseas owners.
Rule 834(2) provides: “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.”
facts:
Stipendiary Steward Mr JM Muirhead advised the Committee that on Race Day the 20th of May 2011 Mr Hollis advised him that RESERVATION ROAD had been sold and that the new owners instructed him to scratch the horse. Mr Hollis was advised to put the notification in writing and he did so and it was signed not only by Mr Hollis and Mr Robertson but also by the other co-owner of the horse.
Mr Muirhead advised that the notification was given at 12.30pm today and as such was very late. Mr Muirhead produced the letter provided by Mr Hollis and said that the Stipendiary Stewards did not accept the sale of the horse as being a sufficient reason for a late scratching. Mr Muirhead also said that it was fortunate that in this race there were no horses with right of re-entry so the late scratching did not prevent another horse from getting a start. Mr Muirhead pointed out that the charge could have been dealt with under the Minor Infringement System but Mr Hollis requested that it be presented to the JCA.
Mr Hollis did not have any questions of Mr Muirhead.
Mr Hollis for his part said that he intended to race the horse and it had been prepared for Race Day as normal. He said that he had told this to Mr Muirhead.
He also said that the horse had been under offer during the week and that he had telephoned the Agent on a number of occasions to see if the sale had gone through because he was anxious to know where he stood. He said that he only got advised at 12.15pm today that the money had gone through and the sale was complete and he was also instructed on behalf of the overseas owners to scratch the horse. Mr Hollis pointed out that the horse is a two year old and he thought that it would win tonight and if it did then that would be detrimental to its handicapping in Australia.
Mr Hollis also said that he was aware that the horse BETTOR ABS was late scratched at Cambridge the previous evening and there was no penalty for it and he also pointed out that the horse IDLE MAL was late scratched at 9.00am today and there was no penalty for it. In view of this Mr Hollis did not believe that any penalty should be imposed on him.
Mr Muirhead asked Mr Hollis if he had relayed to the Agent that there could be a penalty for late scratching the horse. Mr Hollis said that he did not think about any penalty and accordingly did not relay it to the Agent.
Mr Muirhead said that the two horses mentioned by Mr Hollis were not relevant to this situation but by way of explanation he said that the Stipendiary Stewards at Cambridge had not been notified that BETTOR ABS was a late scratching and he also said that because of its performance IDLE MAL was going to be stood down but the Trainer said he wasn’t going to persevere with that horse and accordingly it had to be scratched from today.
appealdecision:
isappeal:
submissionsfordecision:
As above.
reasonsfordecision:
The facts surrounding the scratching of RESERVATION ROAD are accepted by both parties and this was clearly a late scratching. The Rule is very clear.
Decision:
The Committee finds the charge proven.
sumissionsforpenalty:
Mr Muirhead said that under the Minor Infringement System provisions that the fine is in the amount of $200. He submitted that that fine would be appropriate in this case.
Mr Hollis thought a fine of $200 was excessive because it was a situation that had been imposed on him as a result of the sale of the horse. He pointed to the evidence that he had presented by way of mitigation.
reasonsforpenalty:
In addressing penalty following the charge having been proven, the Committee notes the fine under the Minor Infringement System. The Committee also has the benefit of the JCA Penalty Schedule and this shows at least five situations where horses have been late scratched as a result of sale and in each case a fine of $200 was imposed. There do not appear to be any special circumstances here that would affect the penalty and the Committee needs to be consistent and believes that a fine of $200 is appropriate.
penalty:
The Committee imposes a fine of $200 on Messrs Hollis and Robertson.
hearing_type: Hearing
Rules: 834 (2)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Hollis/Robertson - Licensed Trainers
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b2b2ac3c5d9fd844e52ebe69f6bbb4bf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 09e5451f4b07265e3db6e3ee1c4e79bd
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/05/2011
meet_title: Kumeu TC - 20 May 2011
meet_expappcomment:
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meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Kumeu TC