Auckland TC – 21 January 2005 – Race 1

An information lodged by Stipendiary Steward, Mr J Muirhead, against Mr G Small trainer of CHONTELLE alleging a beach of Rule 858(a) in that he was late presenting the horse in the assembly area, presenting the horse so that it went on to the track at 9 minutes to race start time. Mr Small denied the charge and was present at the hearing.

Mr R Death, Racing Manager, said that the requirement for horses to be in the assembly area 12 minutes prior to race start time was signposted in the stabling area. Mr A McDonald, Assistant Parade Area Steward, said he called up the horses on the speaker system in the stabling area 16 minutes prior to race start time. Stipendiary Steward, Mr T Taumanu, said Mr Small led CHONTELLE into the assembly area less than 10 minutes prior to race start time. The horse was not paraded and went straight on to the track. He said the rule existed so that the public could see the horses prior to the race and also so that the stewards could check the gear on the horses. When questioned, Mr Small gave no reason for presenting the horse late. Mr Small said that he had a number of owners talking to him at the time Mr McDonald made the call over the speaker system. He then took the horse to the latrine but there was a queue. He said his staff had forgotten to affix the boring pole and this was done whilst the horse was walking from the stabling area. He acknowledged he was aware of the 12 minute requirement. He said he felt there was mitigating circumstances.

Decision and Reason:

The committee took into account all of the evidence and found the following matters established ?

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1. That the requirement for horses to be in the assembly area 12 minutes prior to race start time is signposted in the stabling area.
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2. That Mr Small was in charge of the horse CHONTELLE.
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3. That Mr Small presented CHONTELLE in the assembly area less than 10 minutes prior to race start time ? there was no challenge to that evidence.
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4. That there was no valid reason for Mr Small being late in presenting CHONTELLE in the assembly area ? and he acknowledged he was aware of the 12 minute requirement.

Being satisfied about those matters, the committee found the charge proven.

Penalty:

Mr Muirhead said Mr Small had a breach of the same rule recorded against him on 14/05/04 and was fined $50. He was warned for a breach of the same rule on 22/10/04, and on 8/12/04 he was fined $200 for a breach of the same rule and warned by the JCA that further breaches could result in the suspension of his trainer's licence. Mr Muirhead had no further submissions to make. Mr Small said he had been picked on enough, this was financial sucking of him, that he would hand his licence in, that he had had enough and that "they" are leeches.

In imposing penalty the committee took into account the following matters ?

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1. The submissions made
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2. The relevant breaches recorded against Mr Small including the warning.
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3. The circumstances of the offence ? the horse was presented well and truly late.
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4. The rule exists both for the efficient running or race meetings and for the convenience of the public.

Having taken all of those matters into account the committee imposed a fine of $250 and advised Mr Small that he should improve the efficiency of his operation in the stabling area.