Waikato RC – 7 February 2009 –

hearingid: 254a38d7bd9415eed20099d61191ad17

informantnumber:

horsename:

hearing_racingtype: harness-racing

startdate: 07/02/2009

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Waikato RC - 7 February 2009 -

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

This is an adjourned enquiry resulting from the Waikato Racing Club meeting at Te Rapa on 7/2/09.  Mr Oatham presented the charge pursuant to Rule 707 (6) (A).  He alleged that Mr G Tucker, trainer of Angel Breeze, brought his horse to the races when it was not in a fit condition to race.  Mr Tucker did not admit the breach.

Mr Oatham said the Stewards had concerns because Angle Breeze had raced on the previous day.  Accordingly they spoke to Mr Tucker who said the horse was fine and fit to race.

Mr W Robinson, assistant Stipendiary Steward, ordered a veterinary inspection prior to the race when it was discovered the horse was lame and he ordered it to be scratched.  The vet said it was grade 3 of 5 in lameness.

Mr Tucker admitted the horse was lame when being loaded for the races but put this down to tying up and in his opinion it was fit to race.

DELIBERATIONS

Mr Tucker, the mistake we believe you made was not informing the Stewards that your horse (in your words “had a bit of a bobble”) was lame before leaving home.

-    We believe you were sincere in thinking the horse was fit to race and there was no intention to deceive the Stewards.

-    However the rule is clear that as a trainer your obligation is to present any runner fit and sound to race.  It is also clear in the rule if you have any doubts you must inform the Stewards of any concerns at least 1 hour prior to race time.

-    We believe you must have had concerns when you knew the horse was lame prior to leaving for the races.

Accordingly we find the charge proven.

PENALTY SUBMISSIONS

Mr Oatham submitted that safety was paramount but this particular breach could be handled by way of a fine.  He said the offence warranted a fine of $500 - $750

Mr Tucker thanked the Committee and said he would learn from his mistake.

PENALTY

The Committee considered all submissions and took into account some mitigating factors, namely there being no intention to deceive on Mr Tucker’s part and his true belief the horse was fit to race.

Accordingly we impose a fine of $500

Richard Seabrook

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 707.6.a

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: