Archive Decision

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Auckland RC – 6 November 2007 – Race 7

ID: JCA22586

Hearing Type:
Old Hearing

Rules:
828.8

Hearing Type (Code):
harness-racing

Meet Title:
Auckland RC - 6 November 2007

Race Date:
2007/11/06

Race Number:
Race 7

Decision:

This is an adjourned inquiry arising from the Auckland Racing Club meeting on 6 November 2007. The informant, Mr J Oatham, alleged that Mr B Foote, trainer of FRENCH BEAU, was guilty of a breach of Rule 828(8) when he telephoned and scratched his horse without being entitled to do so.



This is an adjourned inquiry arising from the Auckland Racing Club meeting on 6 November 2007. The informant, Mr J Oatham, alleged that Mr B Foote, trainer of FRENCH BEAU, was guilty of a breach of Rule 828(8) when he telephoned and scratched his horse without being entitled to do so.

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Mr Foote pleaded guilty to the charge.

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The inquiry was heard at the Waikato Racing club on 10 November 2007. Mrs V Pascoe, manager of the syndicate which owns FRENCH BEAU, was also present at the inquiry.

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Mr Oatham said Mr Foote phoned in at 3.40 pm and scratched the horse from race 7 which was to start at 4.35 pm. He said this was an obvious breach of the Rule.

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Mr B Foote said he had concerns about the track and phoned Mr Castles prior to scratching time in the morning who said the track was 3.6 and the weather was clearing. He decided at that stage to go ahead, but later received a call from Ms Pascoe at 11.15 am at which stage they decided to scratch. Mr Foote added he thought the track would be downgraded so delayed contacting the Club which would have enabled him to scratch without breaching the Rule.

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Ms V Pascoe confirmed Mr Foote’s explanation and said they had the best intentions and were doing the best for the horse and betting public.

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PENALTY:

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Mr Oatham said he did have some sympathy with Mr Foote and if they contacted him earlier the outcome may have been different. He said the industry can’t afford to have trainers sitting at home and gambling that the track might be downgraded. He believed a fine of $200 - $300 would be appropriate.

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The Committee considered all submissions and took into account the following:

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    --

    --

  1. Mr Foote’s guilty plea.
  2. --

    --

    --

  3. His explanation pertaining to the breach.
  4. --

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In imposing a fine of $250 we accept this was not a blatant breach of the Rule because of the efforts Mr Foote made as to the state of the track and weather conditions.

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R M Seabrook                                   D Johnstone

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CHAIRMAN

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: f9599c7ccd4db5bcdf51f8cea4efe1d0


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 06/11/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Auckland RC - 6 November 2007 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

This is an adjourned inquiry arising from the Auckland Racing Club meeting on 6 November 2007. The informant, Mr J Oatham, alleged that Mr B Foote, trainer of FRENCH BEAU, was guilty of a breach of Rule 828(8) when he telephoned and scratched his horse without being entitled to do so.



This is an adjourned inquiry arising from the Auckland Racing Club meeting on 6 November 2007. The informant, Mr J Oatham, alleged that Mr B Foote, trainer of FRENCH BEAU, was guilty of a breach of Rule 828(8) when he telephoned and scratched his horse without being entitled to do so.

--

--

Mr Foote pleaded guilty to the charge.

--

--

The inquiry was heard at the Waikato Racing club on 10 November 2007. Mrs V Pascoe, manager of the syndicate which owns FRENCH BEAU, was also present at the inquiry.

--

--

Mr Oatham said Mr Foote phoned in at 3.40 pm and scratched the horse from race 7 which was to start at 4.35 pm. He said this was an obvious breach of the Rule.

--

--

Mr B Foote said he had concerns about the track and phoned Mr Castles prior to scratching time in the morning who said the track was 3.6 and the weather was clearing. He decided at that stage to go ahead, but later received a call from Ms Pascoe at 11.15 am at which stage they decided to scratch. Mr Foote added he thought the track would be downgraded so delayed contacting the Club which would have enabled him to scratch without breaching the Rule.

--

--

Ms V Pascoe confirmed Mr Foote’s explanation and said they had the best intentions and were doing the best for the horse and betting public.

--

--

PENALTY:

--

Mr Oatham said he did have some sympathy with Mr Foote and if they contacted him earlier the outcome may have been different. He said the industry can’t afford to have trainers sitting at home and gambling that the track might be downgraded. He believed a fine of $200 - $300 would be appropriate.

--

--

The Committee considered all submissions and took into account the following:

--
    --

    --

  1. Mr Foote’s guilty plea.
  2. --

    --

    --

  3. His explanation pertaining to the breach.
  4. --

--

--

In imposing a fine of $250 we accept this was not a blatant breach of the Rule because of the efforts Mr Foote made as to the state of the track and weather conditions.

--

--

 

--

R M Seabrook                                   D Johnstone

--

CHAIRMAN


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 828.8


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b397d0e9b02470e163fa2088aae27e2b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


submittochair:


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race_km:


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race_pm2:


meetid: c05843f0cab217db711ad77f4aa88fe5


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/11/2007


meet_title: Auckland RC - 6 November 2007


meet_expappcomment:


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tracklocation: auckland-rc


meet_racingtype: harness-racing


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name: Auckland RC