Ashburton TC – 7 June 2010 – R 5

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startdate: 07/06/2010

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hearing_title: Ashburton TC - 7 June 2010 - R 5

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr N.M. Ydgren – Stipendiary Steward

Defendant:  Mr R. D. Holmes – Licensed Trainer

Information No:  68067

Meeting:  Ashburton Trotting Club       

Date:  7 June 2010

Venue:  Ashburton Raceway                                        

Race No:  5 – Mountain River Processing Mobile Pace

Rules:  834(1) and (2)

Judicial Committee:  J. M. Phelan, Chairman - S. C. Ching, Committee Member

Plea:  Admitted

CHARGE:

Stipendiary Steward Mr N. M. Ydgren filed an Information against Licensed Trainer Mr R. D. Holmes alleging a breach of Rule 834(1) and (2).  It was alleged that Mr Holmes, the trainer of “Puerto Escondido” (8), which was to start in Race 5, the Mountain River Processing Mobile Pace, late scratched this horse. 

The Information reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 834(1)(2) in that Mr Holmes late scratched Puerto Escondido at 5-05pm denying another horse a start.”

Rule 834(1 and (2) reads as follows.

“(1)      Any person intending to scratch a horse from a race after it has been deemed to have accepted therefore, shall give notice to the Secretary of the Club to that effect before the official scratching time which shall be the official right of re-entry time for any race meeting.

(2)        (a)        After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of which shall be given to the  Stipendiary Steward in writing;

            (b)        A material change in the condition of the track, occurring after that time, may be deemed to constitute such circumstances.”

Mr Holmes had indicated on the Information that this breach of the Rules was admitted, and he also agreed that he understood the charge and the Rule it was brought under.

FACTS:

Mr Ydgren gave evidence that the official scratching time for this race meeting was 5-00pm on Sunday 6 June 2010.  The Secretary of the Club received a phone call at 5-01pm on this date and advised that consideration was being given to scratch “Puerto Escondido”.  At 5-05pm there was a further phone call advising the scratching of this horse.  By this time the balloted horse, “Jupiter Grove” (10) had been scratched, and it was therefore denied the chance to start in the race.

Mr Holmes did not dispute the facts of this matter.

DECISION:

As Mr Holmes had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

SUBMISSIONS ON PENALTY:

In relation to penalty Mr Ydgren advised that Mr Holmes had no previous convictions under this Rule, and also that the breach was admitted.  Mr Ydgren also said that this was not an ordinary late scratching situation because another horse had been denied a start because of it.  Mr Ydgren said that the Sentencing Guide recommended a starting point of $500-00 for a fine in this case, but that he believed that a fine of less than this amount would be appropriate.

Mr Holmes made submissions that he believed that a fine of $500-00 was excessive in this case.  He said that the breach was brought about through human error as it had been left to the last moment before the scratching was advised.

REASONS:

On looking at previous charges under this Rule we found three cases where a fine of $200-00 had been imposed.  None of those cases resulted in a balloted horse being denied a start.

We were satisfied that in this case the fine should be more than $200-00.  We took into account Mr Holmes’ good record and his admission of the breach.  On the other hand we also took into account that a horse had been denied a start in the race.

On resuming the hearing we advised that a full written decision would be given later and we gave the following oral decision.

“Having heard the evidence we are satisfied that “Puerto Escondido” was scratched from Race 5 at 5-05pm on Sunday 6 June 2010, five minutes after the official scratching time.  As a result “Jupiter Grove”, a balloted horse, was denied a start.

Mr Holmes did not dispute the facts.  He explained that “Puerto Escondido” was entered for Races 5 and 7, and it was not until the last minute that a decision was made to scratch it from Race 5.  Mr Holmes accepted that the breach arose through human error.

In relation to penalty Mr Ydgren made submissions that the Penalty Guide recommends a fine of $500-00, but that in the present circumstances a lesser fine would be appropriate.

Mr Holmes made submissions that a fine of $500-00 was excessive.

We take into account that Mr Holmes has no previous convictions, and that he has admitted the breach.  On the other hand we also take into account that a balloted horse was denied a start.

On looking at previous admitted breaches of this Rule, we find that a fine of $200-00 had been imposed in three cases where no balloted horse was denied a start.  Taking all the above matters into account we have decided that a fine of $300-00 is appropriate in this case, and accordingly Mr Holmes is fined the sum of $300-00.”

PENALTY:

Accordingly Mr Holmes was fined the sum of $300-00.

J. M. Phelan                             S. C. Ching

CHAIR                                     Committee Member

68067

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hearing_type: Old Hearing

Rules: 834(1) and (2)

Informant:

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race_title: R 5

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meetdate: 07/06/2010

meet_title: Ashburton TC - 7 June 2010

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name: Ashburton TC