Archive Decision

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Avondale JC 25 April 2018 – R 7 – Chair, Mr G JONES

ID: JCA16447

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr S Marsh - Licensed Trainer

Information Number:
A10386

Hearing Type:
Hearing

New Charge:
Omitted lead bag when saddling horse - R 614(2)

Rules:
R 614(2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Avondale JC - 25 April 2018

Meet Chair:
GJones

Meet Committee Member 1:
ADooley

Race Date:
2018/04/25

Race Number:
R7

Decision:

As Mr Marsh admitted the breach the charge was found to be proved.

Penalty:

Accordingly, we impose a monetary penalty of a $300 fine.

Facts:

Prior to the start of race 7, the West Brook Wines 1400, it came to the attention of Stewards that Licensed Trainer, Mr Marsh omitted the lead bag when saddling O’HE CAN. As a result, pursuant to Rule 614(2) A10386, an Information was filed with the Judicial Committee setting out the particulars of the charge.

Rule 614(2) provides that:

A person must not be neglectful or careless in saddling a horse.

Mr Marsh endorsed the Information “I do admit the breach and I do not wish to be present at the hearing”.

Mr Williamson said that Stewards spoke to Mr Marsh as soon as the omission was detected and the problem rectified. The lead bag was added prior to the horse leaving the birdcage. Mr Marsh freely acknowledged the breach adding it was a totally unintentional mistake.

Submissions for Penalty:

Mr Williamson submitted that this breach could be dealt with by way of a monetary penalty. He referred to the JCA guidelines which establish a $300 fine as a starting point.

On behalf of Mr Marsh, Mr Williamson submitted that Mr Marsh was extremely remorseful and embarrassed by the oversight. He said that Mr Marsh has a very good record and has not previously breached this particular rule. 

Reasons for Penalty:

In determining an appropriate penalty the Committee had regard for the submissions by the Informant and those given on behalf of the Respondent. The Committee noted Mr Marsh’s admission, his clear record and his contrition. We accept that this was a genuine mistake and there are no compelling reasons to deviate from the Penalty Guide starting point of a $300 fine.

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: b66e52b06c2241d6421027a6235d63f5


informantnumber: A10386


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Omitted lead bag when saddling horse - R 614(2)


plea: admitted


penaltyrequired: 1


decisiondate: 25/04/2018


hearing_title: Avondale JC 25 April 2018 - R 7 - Chair, Mr G JONES


charge:


facts:

Prior to the start of race 7, the West Brook Wines 1400, it came to the attention of Stewards that Licensed Trainer, Mr Marsh omitted the lead bag when saddling O’HE CAN. As a result, pursuant to Rule 614(2) A10386, an Information was filed with the Judicial Committee setting out the particulars of the charge.

Rule 614(2) provides that:

A person must not be neglectful or careless in saddling a horse.

Mr Marsh endorsed the Information “I do admit the breach and I do not wish to be present at the hearing”.

Mr Williamson said that Stewards spoke to Mr Marsh as soon as the omission was detected and the problem rectified. The lead bag was added prior to the horse leaving the birdcage. Mr Marsh freely acknowledged the breach adding it was a totally unintentional mistake.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Marsh admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Williamson submitted that this breach could be dealt with by way of a monetary penalty. He referred to the JCA guidelines which establish a $300 fine as a starting point.

On behalf of Mr Marsh, Mr Williamson submitted that Mr Marsh was extremely remorseful and embarrassed by the oversight. He said that Mr Marsh has a very good record and has not previously breached this particular rule. 


reasonsforpenalty:

In determining an appropriate penalty the Committee had regard for the submissions by the Informant and those given on behalf of the Respondent. The Committee noted Mr Marsh’s admission, his clear record and his contrition. We accept that this was a genuine mistake and there are no compelling reasons to deviate from the Penalty Guide starting point of a $300 fine.


penalty:

Accordingly, we impose a monetary penalty of a $300 fine.


hearing_type: Hearing


Rules: R 614(2)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr S Marsh - Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8e090f828159cd43f35f42034ebccdfe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c78346f883a6966312be256640ef74b3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/04/2018


meet_title: Avondale JC - 25 April 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: avondale-jc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: ADooley


meet_pm2: none


name: Avondale JC