Auckland RC 26 December 2018 – R 10 (heard 2 January 2019 at Tauranga) – Chair, Mr A Dooley
ID: JCA22187
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Auckland RC - 26 December 2018
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2018/12/26
Race Number:
R 10
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Oatham – Chief Stipendiary Steward
Respondents: Mr N Hanley and Ms K Whiting – Trainers of EL COOLIO
Information No: A12111
Meeting: Auckland Racing Club
Date: 26 December 2018 (heard 2 January 2019 at Tauranga)
Venue: Ellerslie
Race: 10
Rule: 534(1)
Judicial Committee: Mr A Dooley – Chair, Mr A Godsalve - Committee Member
Also Present: Mr M Williamson – Senior Stipendiary Steward
Charge: Failed to scratch EL COOLIO by the required time.
Plea: Admitted
Evidence:
Prior to the running of race 10, an Information was filed pursuant to Rule 534(1). The Informant, Mr Oatham, alleged that the training partnership of Mr N Hanley and Ms K Whiting failed to scratch the horse EL COOLIO by the required time.
Rule 534(1) provides: At any time from the Withdrawal Deadline to the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, a person intending to scratch a horse from a Race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a Race Meeting but does not specify a particular Race at that Race Meeting, such notice shall be deemed to apply to all Races for which the horse has been accepted or deemed to have been accepted at that Race Meeting.
The Information was opened and adjourned on 26 December 2018 due to neither of the training partnership being in attendance at that day’s meeting.
The JCA Executive Officer set the hearing date for 2 January 2019.
Submissions for Decision:
Mr Oatham advised the Committee that Mr Williamson received a phone call from Ms Whiting on race morning advising that the training partnership had failed to scratch EL COOLIO. He said EL COOLIO was officially scratched at 8.09 am on raceday due to an oversight by the training partnership. He added that there were 10 runners in the race and no horse was denied a start.
Ms Whiting said that she completely forgot to scratch EL COOLIO and she thought the scratching deadline was 8 am.
Ms Whiting acknowledged that she is now aware that the scratching deadline is 7.30 am.
Decision:
As Ms Whiting admitted the breach the Committee found the charge proved.
Submissions for Penalty:
Mr Oatham said that the training partnership had a clear record under this Rule. He referred to two similar breaches of this Rule which resulted in $100 fines. He said a fine in the same vicinity would be appropriate.
When invited to make submissions on penalty Ms Whiting had nothing to say.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point when no horse is denied a start is a $200 fine.
There were no aggravating factors that warranted an uplift in penalty.
The mitigating factors were Ms Whiting’s admission the breach and the training partnership’s clear record. For these combined factors we afforded a $50 reduction in penalty.
Penalty:
The training partnership of Mr Hanley & Ms K Whiting were fined $150.
A Dooley
Chair
2 January 2019
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: d3ef6679b5d60ebbcd60581e73ec861f
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 26/12/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland RC 26 December 2018 - R 10 (heard 2 January 2019 at Tauranga) - Chair, Mr A Dooley
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr J Oatham – Chief Stipendiary Steward
Respondents: Mr N Hanley and Ms K Whiting – Trainers of EL COOLIO
Information No: A12111
Meeting: Auckland Racing Club
Date: 26 December 2018 (heard 2 January 2019 at Tauranga)
Venue: Ellerslie
Race: 10
Rule: 534(1)
Judicial Committee: Mr A Dooley – Chair, Mr A Godsalve - Committee Member
Also Present: Mr M Williamson – Senior Stipendiary Steward
Charge: Failed to scratch EL COOLIO by the required time.
Plea: Admitted
Evidence:
Prior to the running of race 10, an Information was filed pursuant to Rule 534(1). The Informant, Mr Oatham, alleged that the training partnership of Mr N Hanley and Ms K Whiting failed to scratch the horse EL COOLIO by the required time.
Rule 534(1) provides: At any time from the Withdrawal Deadline to the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, a person intending to scratch a horse from a Race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a Race Meeting but does not specify a particular Race at that Race Meeting, such notice shall be deemed to apply to all Races for which the horse has been accepted or deemed to have been accepted at that Race Meeting.
The Information was opened and adjourned on 26 December 2018 due to neither of the training partnership being in attendance at that day’s meeting.
The JCA Executive Officer set the hearing date for 2 January 2019.
Submissions for Decision:
Mr Oatham advised the Committee that Mr Williamson received a phone call from Ms Whiting on race morning advising that the training partnership had failed to scratch EL COOLIO. He said EL COOLIO was officially scratched at 8.09 am on raceday due to an oversight by the training partnership. He added that there were 10 runners in the race and no horse was denied a start.
Ms Whiting said that she completely forgot to scratch EL COOLIO and she thought the scratching deadline was 8 am.
Ms Whiting acknowledged that she is now aware that the scratching deadline is 7.30 am.
Decision:
As Ms Whiting admitted the breach the Committee found the charge proved.
Submissions for Penalty:
Mr Oatham said that the training partnership had a clear record under this Rule. He referred to two similar breaches of this Rule which resulted in $100 fines. He said a fine in the same vicinity would be appropriate.
When invited to make submissions on penalty Ms Whiting had nothing to say.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point when no horse is denied a start is a $200 fine.
There were no aggravating factors that warranted an uplift in penalty.
The mitigating factors were Ms Whiting’s admission the breach and the training partnership’s clear record. For these combined factors we afforded a $50 reduction in penalty.
Penalty:
The training partnership of Mr Hanley & Ms K Whiting were fined $150.
A Dooley
Chair
2 January 2019
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 534(1)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 464f01013e1079725605cc3b53b16b75
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6e689629a0bb7e9b04c34b26613a81d5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/12/2018
meet_title: Auckland RC - 26 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC