Avondale JC 23 May 2018 – R 8 (heard 3 June 2018 at Te Rapa) – Chair, Mr A Dooley

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startdate: 23/05/2018

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hearing_title: Avondale JC 23 May 2018 - R 8 (heard 3 June 2018 at Te Rapa) - Chair, Mr A Dooley

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr M Williamson – Senior Stipendiary Steward

Respondent: Mr G Tucker – Class C Licensed Trainer

Information No: A10130

Meeting: Avondale Jockey Club

Date: 23 May 2018 (heard 3 June 2018 at Te Rapa)

Venue: Avondale Racecourse

Race No: 8

Rule: 534(1)

Judicial Committee: Mr A Dooley, Chair – Mr N McCutcheon, Committee Member

Also Present: Mr A Coles – Stipendiary Steward

Charge: Failed to scratch GABRIEL by the required time

Plea: Admitted

Decision Date: 3 June 2018

Evidence

This charge arises from the running of race 8, Sandy Lane 1600, at the Avondale JC on 23 May 2018. An Information was filed pursuant to Rule 534(1) by the Informant, Mr Williamson. He alleged that Mr Tucker failed to scratch GABRIEL 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.

This Information was opened and adjourned to a date to be set due to Mr Tucker not attending the race meeting at Avondale on 23 May 2018.

Mr Tucker subsequently advised Mr Williamson that he admitted the breach and he did not wish to be present at the hearing on 3 June 2018.

Submissions for Decision

Mr Williamson said that the National Racing Bureau and the Stipendiary Stewards had attempted to contact Mr Tucker on several occasions on the 23rd of May because he did not declare a rider for GABRIEL. He said that when they finally made contact with Mr Tucker at 12.50 pm he admitted that he forgot to scratch GABRIEL. Accordingly, the horse was officially late scratched at that point.

Mr Williamson said that fortunately no horse was denied a start in the race. He added that at acceptance time the race had a maximum ballot.

Decision

As Mr Tucker admitted the breach the Committee found the charge proved.

Submissions for Penalty

Mr Williamson said that Mr Tucker had a clear record under this Rule and he admitted the breach. He said that a fine of $200 was the starting point and expressed concerns that Mr Tucker was nonchalant about the whole event and the ramifications of the breach.

Reasons for Penalty

The Committee carefully considered all the evidence and submissions presented.

The JCA Penalty Guide starting point where no horse has been denied a start is a $200 fine.

The aggravating factors were Mr Tucker had failed to respond to numerous phone calls which led to GABRIEL being late scratched. It was of concern to the Committee that Mr Tucker did not recognise the consequences of his actions.

The mitigating factors were Mr Tucker’s admission of the breach and his clear record from limited runners.

After having regard for all the above matters the Committee deemed that a $300 fine would be an appropriate penalty.

Penalty

Mr Tucker was fined $300.

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hearing_type: Old Hearing

Rules: 534(1)

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