Cambridge JC 20 November 2011 – R 9 (heard 23 November 2011 at Matamata)
ID: JCA20449
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Cambridge JC - 20 November 2011
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2011/11/20
Race Number:
R 9
Decision:
Raceday Judicial Committee Decision
Meeting: Cambridge JC 20 November 2011
Date: 20 November 2011 (heard Matamata RC 23 November 2011)
Race: 9
Rule: 802(1) (a)
Committee: A Dooley, Chair – R Seabrook, Committee Member
Informant: Mr J Oatham – Stipendiary Steward
Defendant: Mr B McDonald – Licensed Trainer
Information Number: A2161
Plea: Admitted
Charge
Following race 9 an information was filed pursuant to Rule 802(1) (a). The informant Mr Oatham alleged that Mr B McDonald failed to present the horse JUST JASPER on course by the required time.
Evidence
Mr Oatham commenced the hearing by telling the committee that a directive to all licensed holders was issued on 6th July 2009. It stated “Trainers must ensure that they present their horse(s) in the tie up stalls/saddling area no later than one hour prior to the advertised start”.
He said that Mr McDonald was the Licensed Trainer of JUST JASPER in race 9. He explained to the committee that rider Mr R Hutchings had weighed out prior to the race only to find that no one had turned up to pick up the saddle. Mr Williamson, Stipendiary Steward, then phoned Mr McDonald who firmly believed the start time was actually 6.30pm. The horse was declared a late scratching at 4.13pm.
Mr McDonald said that the horse was on the ballot and was not intending to start. However at 7.30am on race morning, he learned that JUST JASPER was indeed a starter in the race. He then contacted his PA who told him that the race was at 6.30pm (he had planned to leave for the races at 4pm).
Submissions on Penalty
Mr Oatham stated that there was no precedent relating to this particular charge. He said however, that all Trainers should be clear as to what time their horses are carded to start. He conceded that this was a genuine mistake but it was not acceptable all the same. He said that it was fortunate in this case that the late scratching of JUST JASPER did not deny a start to any other horse. He submitted that Mr McDonald had a clear record under this rule and that a fine of between $300 and $500 would be appropriate.
Mr McDonald, when asked for his submissions on penalty said that he agreed with Mr Oatham’s submissions.
Reason for Penalty
The committee carefully considered all the evidence and submissions presented. Mitigating factors are Mr McDonald’s admission of the breach, his clear record under this rule and his honesty and co operation with officials. However, the major aggravating factor is, as a Licensed Trainer, it’s clearly his responsibility to comply with NZTR rules. The fact that JUST JASPER was not a fancied contender therefore did not have a significant impact on the club’s turnover on the race. The committee reviewed the JCA penalty sheet which showed that this breach had not occurred previously.
Penalty
Accordingly, after taking all the above factors into account, we impose a fine of $350.
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: 89107f12bbe32f4ab83f03bc1f36bf08
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 20/11/2011
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Cambridge JC 20 November 2011 - R 9 (heard 23 November 2011 at Matamata)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Raceday Judicial Committee Decision
Meeting: Cambridge JC 20 November 2011
Date: 20 November 2011 (heard Matamata RC 23 November 2011)
Race: 9
Rule: 802(1) (a)
Committee: A Dooley, Chair – R Seabrook, Committee Member
Informant: Mr J Oatham – Stipendiary Steward
Defendant: Mr B McDonald – Licensed Trainer
Information Number: A2161
Plea: Admitted
Charge
Following race 9 an information was filed pursuant to Rule 802(1) (a). The informant Mr Oatham alleged that Mr B McDonald failed to present the horse JUST JASPER on course by the required time.
Evidence
Mr Oatham commenced the hearing by telling the committee that a directive to all licensed holders was issued on 6th July 2009. It stated “Trainers must ensure that they present their horse(s) in the tie up stalls/saddling area no later than one hour prior to the advertised start”.
He said that Mr McDonald was the Licensed Trainer of JUST JASPER in race 9. He explained to the committee that rider Mr R Hutchings had weighed out prior to the race only to find that no one had turned up to pick up the saddle. Mr Williamson, Stipendiary Steward, then phoned Mr McDonald who firmly believed the start time was actually 6.30pm. The horse was declared a late scratching at 4.13pm.
Mr McDonald said that the horse was on the ballot and was not intending to start. However at 7.30am on race morning, he learned that JUST JASPER was indeed a starter in the race. He then contacted his PA who told him that the race was at 6.30pm (he had planned to leave for the races at 4pm).
Submissions on Penalty
Mr Oatham stated that there was no precedent relating to this particular charge. He said however, that all Trainers should be clear as to what time their horses are carded to start. He conceded that this was a genuine mistake but it was not acceptable all the same. He said that it was fortunate in this case that the late scratching of JUST JASPER did not deny a start to any other horse. He submitted that Mr McDonald had a clear record under this rule and that a fine of between $300 and $500 would be appropriate.
Mr McDonald, when asked for his submissions on penalty said that he agreed with Mr Oatham’s submissions.
Reason for Penalty
The committee carefully considered all the evidence and submissions presented. Mitigating factors are Mr McDonald’s admission of the breach, his clear record under this rule and his honesty and co operation with officials. However, the major aggravating factor is, as a Licensed Trainer, it’s clearly his responsibility to comply with NZTR rules. The fact that JUST JASPER was not a fancied contender therefore did not have a significant impact on the club’s turnover on the race. The committee reviewed the JCA penalty sheet which showed that this breach had not occurred previously.
Penalty
Accordingly, after taking all the above factors into account, we impose a fine of $350.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 802(1)(a)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a383a19338c95160dafeaf16fe5a095b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/11/2011
meet_title: Cambridge JC - 20 November 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cambridge-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
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name: Cambridge JC