Forbury Park TC 15 June 2018 – R 10 (heard 6 July 2018) – Chair, Prof G Hall

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startdate: 15/06/2018

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hearing_title: Forbury Park TC 15 June 2018 - R 10 (heard 6 July 2018) - Chair, Prof G Hall

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr N Ydgren – Chief Stipendiary Steward

Respondent: Mr G Anderson – Licensed Trainer

Information No: A10233

Meeting: Forbury Park Trotting Club

Date: 15 June 2018 (heard 6 July 2018 at Forbury Park)

Venue: Forbury Park Raceway

Race: 10

Rule No: Claiming races regulation 2(f)

Judicial Committee: Prof G Hall, Chairman – Mr P Knowles, Committee Member

Charge: horse entered in a claiming race when sold prior to race being conducted

Plea: Admitted

Evidence:

Mr Ydgren alleged that SMOOTH MARA when entered in a claiming race was sold prior to that race being conducted.

Reg 2 of the Claiming races regulations provides:

(f) A horse which has been selected to start in a claiming race shall not be sold or otherwise transferred until the claiming race has been conducted, save where it is claimed from the said claiming race.

Mr Ydgren stated that SMOOTH MARA had been entered for race 10 at the Forbury Park race meeting on 15 June but had been scratched by Mr Anderson. Mr Ydgren explained the purpose of the rule was to protect the claiming race process.

Mr G Anderson stated that he admitted the breach. He had been negotiating the sale of SMOOTH MARA to America and it had taken time (some 2 weeks) and he had entered the horse as he was uncertain when, indeed if, the sale would be concluded. He said the horse was on a plane to America by the time the race was run. He was not aware of the “rule” and he was simply making a living.

Decision:

As Mr Anderson has admitted the breach, we find the charge proved.

Submissions for Penalty:

Mr Ydgren produced the respondent’s record which was clear under this regulation. He was aware of only one previous charge, which was some 12 year ago. The fine on that occasion was $200. The circumstances of that breach were not known to him. He submitted a fine of $200 was appropriate in the interests of deterring other trainers from adopting this practice.

Mr Anderson stated that a fine of $25 was appropriate.

Reasons for Penalty:

We take a $200 starting point. We do not disagree with Mr Ydgren’s submission that deterrence is a relevant consideration, as is the need to uphold the integrity of harness racing.

We understand that Mr Anderson’s actions did not deny any horse a start in the race and the scratching was not late. Persons wanting to invest on the race were thus not inconvenienced. Mr Anderson has admitted the breach and has a clear record under this regulation. These factors merit a $50 discount.

Penalty:

We impose a fine of $150

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hearing_type: Old Hearing

Rules: Claimin races regulation 2(f)

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