Avondale JC 01 October 08 – R2

hearingid: 392880545d932e1c94be1c661b01b027

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Avondale JC 01 October 08 - R2

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Following race 2 an information was lodged by Stipendary Steward Mr J Oatham  pursuant to rule 411(2) when he alleged that the horse MISS CHIANTI carded No 11 in Race 2, First Sovereign Trust 800, trained by Mr K I Rae and Mrs L Rae of Ruakaka, was presented at the inspection area prior to race where officials identified the horse presented to race as MISS CHIANTI, to instead be an unnamed 2 year old brown filly by HAWKEYE-FRENCH TIDE, branded VE, 15 over 6 and the incorrect presentation thereof is a breach of Rule 411(2) of the New Zealand Rules of Racing.

Following race 2 an information was lodged by Stipendary Steward Mr J Oatham  pursuant to rule 411(2) when he alleged that the horse MISS CHIANTI carded No 11 in Race 2, First Sovereign Trust 800, trained by Mr K I Rae and Mrs L Rae of Ruakaka, was presented at the inspection area prior to race where officials identified the horse presented to race as MISS CHIANTI, to instead be an unnamed 2 year old brown filly by HAWKEYE-FRENCH TIDE, branded VE, 15 over 6 and the incorrect presentation thereof is a breach of Rule 411(2) of the New Zealand Rules of Racing.

Mr Rae, who appeared for the partnership of K I & L Rae admitted the charge.

Mr Oatham outlined the details of the charge. He said that on inspection of the brands before Race 2 they did not correspond with those registered for MISS CHIANTI. The micro chip was also read and this confirmed that the details as presented on the horse were registered for an un-raced 2 year old brown filly by HAWKEYE – FRENCH TIDE.

As a result of this information the entry of MISS CHIANTI was scratched from the race.

Mr Rae said that he had received the horse from its pre – trainer and for a period of approximately 4 months he had understood it to be MISS CHIANTI. During that time he had trialed the horse on 1 occasion. Both of the horses had the same ownership.

PENALTY: As Mr Rae has admitted the charge we are required to adjudicate on penalty only.

Mr Oatham gave notice of penalties on two previous breaches of the Rule by other persons. These were fines of $2500 and $2000.

He said that Mr Rae had been very co-operative and there was no doubt that this offence was caused by negligence. He asked for a fine in the vicinity of $2000.

Mr Rae had nothing to add.

In coming to it’s decision the Committee accepts that at no time has there been any suggestion that the breach of Rule 411(2) was anything but a mistake caused by a lack of identification.

In noting Mr Rae’s admission of guilt we accept that this offence can be put down to simply a lack of professionalism. After taking all matters into account we impose a fine of $2000.

      D C Johnstone                                                       G Downey                                                        

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hearing_type: Old Hearing

Rules: 411.2

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