Banks Peninsula TC 12 April 2015 – R 11
ID: JCA17588
Meet Title:
Banks Peninsula TC - 12 April 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/04/12
Race Number:
R5
Decision:
Mr Tom Bagrie having admitted the breach on behalf of Mr Peter Bagrie, the charge was found proved.
Penalty:
Mr Bagrie was fined the sum of $350.
The Committee orders, pursuant to the power conferred by Rule 1114 (2A), that part of that fine in the sum of $100 be paid to the connections of GREENBURN CREEK.
Further, the Committee notes the following provision in the scale of driving fees approved by the Board of Harness Racing New Zealand from September 2014:
In situations where horses are scratched after the Right of Re-entry time, the driving fee shall be paid to the confirmed driver unless the horse concerned is accepted and races in another race at the meeting.
The Committee further orders that the sum of $75 be paid to Banks Peninsula Trotting Club from the fine ordered to be paid by Mr Bagrie.
Facts:
Information No. A4432 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Trainer, Mr P D Bagrie, alleging a breach by Mr Bagrie of Rule 834 (2) in that, as the trainer of JUSTOCLASSIE, an acceptor for Race 11, NZ Bloodstock Airfreight Limited Mobile Pace, he “failed to scratch JUSTOCLASSIE by the prescribed time which has consequently denied a horse a start”.
Mr Bagrie was not present at the race meeting but he was represented by Licensed Junior Driver, Mr T D Bagrie, by telephone. Mr Bagrie indicated that he was authorised to represent Mr P D Bagrie at the hearing of the information. The charge was explained to Mr Bagrie and the Rule was read. Mr Bagrie told the hearing that the breach of the Rule was admitted.
Rule 834 provides as follows:
(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 Stewards in writing.
Mr Renault said that the Stewards noticed on race morning that the horse, JUSTOCLASSIE, was still in the field for Race 11. The Stewards had earlier received a veterinarian’s certificate saying that the horse was to be scratched. Mr N M Ydgren, Stipendiary Steward, phoned Mr Peter Bagrie who told Mr Ydgren that the horse was to have been scratched by his son, Tom Bagrie.
The Stewards then telephoned the Club and were told that no notification of the scratching of JUSTOCLASSIE had been received. Stewards then contacted Mr Tom Bagrie who advised that he had obtained a vet’s certificate, which had been forwarded, but he had simply forgotten to scratch the horse by 5.00pm on Saturday, 11 April, being the prescribed time. The scratching of the horse was advised at 8.45am.
As a result, GREENBURN CREEK trained by Mr T G Butt, the next horse to get a start off the ballot, was denied a start in the race.
Mr Bagrie confirmed that he accepted the facts as presented by Mr Renault. He offered no excuse but said that he had simply made a bad mistake and forgotten to scratch the horse. He wished to apologise to Mr Butt for his omission.
Submissions for Penalty:
Mr Renault referred the Committee to the starting point of a $400 fine as suggested by the Penalty Guide. He submitted that, having regard to Mr Bagrie’s early admission of the breach which was a mitigating factor, he said, a fine of $350 was an appropriate penalty.
Mr Renault submitted that the Committee should consider ordering that some of that fine be paid to Mr Butt as co-owner and trainer of GREENBURN CREEK. In addition, the Club is required to pay a losing driving fee of $75 to the confirmed driver of JUSTOCLASSIE, Mr J R Dunn, and should be reimbursed for that.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Bagrie’s very frank admission of the breach. Although the trainer, Mr Peter Bagrie, is deemed to have committed the breach, Mr Tom Bagrie was very frank in acknowledging that the blame was all his and he accepted responsibility for it. He impressed the Committee as being remorseful for the breach.
Taking the Penalty Guide starting point, as referred to by Mr Renault, of a $400 fine Mr Bagrie is entitled to a discount for his admission of the breach. The Committee fixed that discount at $50.
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: f635f8fc8720237cbed12561e2bd6c89
informantnumber: A4432
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Late Scratching of Horse
plea: admitted
penaltyrequired: 1
decisiondate: 02/04/2015
hearing_title: Banks Peninsula TC 12 April 2015 - R 11
charge:
facts:
Information No. A4432 was filed by Stipendiary Steward, Mr S P Renault, against Licensed Trainer, Mr P D Bagrie, alleging a breach by Mr Bagrie of Rule 834 (2) in that, as the trainer of JUSTOCLASSIE, an acceptor for Race 11, NZ Bloodstock Airfreight Limited Mobile Pace, he “failed to scratch JUSTOCLASSIE by the prescribed time which has consequently denied a horse a start”.
Mr Bagrie was not present at the race meeting but he was represented by Licensed Junior Driver, Mr T D Bagrie, by telephone. Mr Bagrie indicated that he was authorised to represent Mr P D Bagrie at the hearing of the information. The charge was explained to Mr Bagrie and the Rule was read. Mr Bagrie told the hearing that the breach of the Rule was admitted.
Rule 834 provides as follows:
(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 Stewards in writing.
Mr Renault said that the Stewards noticed on race morning that the horse, JUSTOCLASSIE, was still in the field for Race 11. The Stewards had earlier received a veterinarian’s certificate saying that the horse was to be scratched. Mr N M Ydgren, Stipendiary Steward, phoned Mr Peter Bagrie who told Mr Ydgren that the horse was to have been scratched by his son, Tom Bagrie.
The Stewards then telephoned the Club and were told that no notification of the scratching of JUSTOCLASSIE had been received. Stewards then contacted Mr Tom Bagrie who advised that he had obtained a vet’s certificate, which had been forwarded, but he had simply forgotten to scratch the horse by 5.00pm on Saturday, 11 April, being the prescribed time. The scratching of the horse was advised at 8.45am.
As a result, GREENBURN CREEK trained by Mr T G Butt, the next horse to get a start off the ballot, was denied a start in the race.
Mr Bagrie confirmed that he accepted the facts as presented by Mr Renault. He offered no excuse but said that he had simply made a bad mistake and forgotten to scratch the horse. He wished to apologise to Mr Butt for his omission.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Tom Bagrie having admitted the breach on behalf of Mr Peter Bagrie, the charge was found proved.
sumissionsforpenalty:
Mr Renault referred the Committee to the starting point of a $400 fine as suggested by the Penalty Guide. He submitted that, having regard to Mr Bagrie’s early admission of the breach which was a mitigating factor, he said, a fine of $350 was an appropriate penalty.
Mr Renault submitted that the Committee should consider ordering that some of that fine be paid to Mr Butt as co-owner and trainer of GREENBURN CREEK. In addition, the Club is required to pay a losing driving fee of $75 to the confirmed driver of JUSTOCLASSIE, Mr J R Dunn, and should be reimbursed for that.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Bagrie’s very frank admission of the breach. Although the trainer, Mr Peter Bagrie, is deemed to have committed the breach, Mr Tom Bagrie was very frank in acknowledging that the blame was all his and he accepted responsibility for it. He impressed the Committee as being remorseful for the breach.
Taking the Penalty Guide starting point, as referred to by Mr Renault, of a $400 fine Mr Bagrie is entitled to a discount for his admission of the breach. The Committee fixed that discount at $50.
penalty:
Mr Bagrie was fined the sum of $350.
The Committee orders, pursuant to the power conferred by Rule 1114 (2A), that part of that fine in the sum of $100 be paid to the connections of GREENBURN CREEK.
Further, the Committee notes the following provision in the scale of driving fees approved by the Board of Harness Racing New Zealand from September 2014:
In situations where horses are scratched after the Right of Re-entry time, the driving fee shall be paid to the confirmed driver unless the horse concerned is accepted and races in another race at the meeting.
The Committee further orders that the sum of $75 be paid to Banks Peninsula Trotting Club from the fine ordered to be paid by Mr Bagrie.
hearing_type: Hearing
Rules: 834(2)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: P D Bagrie, Holder of Licence to Train
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 87ff6b23c533063c18eac72713caad14
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fa2c0045a2711e6544014b95e060b67a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/04/2015
meet_title: Banks Peninsula TC - 12 April 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Banks Peninsula TC