Canterbury JC – 18 November 2006 – Race 5
ID: JCA22464
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Canterbury JC - 18 November 2006
Race Date:
2006/11/18
Race Number:
Race 5
Decision: --
Following the running of Race 5, Signature Travel Premier, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Trainer, Mr S J Kennedy, alleging that Mr Kennedy had committed a breach of Rule 707 (6) (a) in that, as the trainer of BAND OF STARS, he "failed to notify the Stewards of an injury sustained by the mare on the off-hind hock region
--
DECISION AND REASONS:
--Following the running of Race 5, Signature Travel Premier, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Trainer, Mr S J Kennedy, alleging that Mr Kennedy had committed a breach of Rule 707 (6) (a) in that, as the trainer of BAND OF STARS, he "failed to notify the Stewards of an injury sustained by the mare on the off-hind hock region, an injury that was the cause for BAND OF STARS to be withdrawn behind the barriers in Race 5 upon inspection by the Club's veterinary surgeon."
----Mr Kennedy was present at the hearing of the information and admitted the breach. The charge was found to be proved accordingly.
----Rule 707 provides as follows:
------(6) Where any horse is or is to be brought to the racecourse to start in any race:
----(a) The trainer or any other person in charge of a horse that is brought to a racecourse for the purpose of engaging in a race must ensure that such horse is fit and properly conditioned to race, and shall report to the Stipendiary Stewards as soon as practicable, and in any event no later than one hour before the advertised starting time of the race, any condition or occurrence that may affect the running of the horse in the race.
----The Club's Veterinary Surgeon, Dr C G Murfitt, told the Committee that he noticed at the barrier prior to the start of the race that BAND OF STARS had an injury on the front of the off-hind hock. When he saw the wound, it was actually bleeding with tissue "bubbling out" through the wound. He said that he believed that this had happened during the horse's preliminary when an injury had been aggravated. He was concerned that, if the horse raced, the wound may open up and become worse. He was also concerned that the horse may not perform as well as expected.
----Mr C J George, Stipendiary Steward, said that Mr Kennedy had been very frank and open and had cooperated with the Stipendiary Stewards when being questioned about the matter. However, Mr George was concerned that the horse had sustained an injury a week earlier and had subsequently been treated with anti-inflammatories and antibiotics. Mr George said that he had been informed by Mr Kennedy that the horse had not missed any work. He pointed out that the Rule requires notification of a condition that may affect a horse's performance. If the horse had not been inspected at the barrier and scratched, the impact on betting could have been quite significant had the horse performed disappointingly. In addition, there was an issue of rider safety. The Stipendiary Stewards viewed the matter very seriously. There had been an opportunity for Mr Kennedy to notify the Stewards of the injury and the horse was, clearly, not fit to start, Mr George submitted. It was more than an error of judgement as the injury was quite a significant one that had been apparent for a week. It had been in Mr Kennedy's mind for a week. Mr George submitted that Mr Kennedy had failed to carry out his obligations under the Rule and submitted that a fine of $500-1,000 was warranted.
----Mr Kennedy said that he was a part-owner of BAND OF STARS. Cup Day was a big day and the owners wanted to see the horse racing on the day. He said that everything possible had been done during the week to see that the horse was fit. It was examined every day by Mr Kennedy's veterinary surgeon. It was decided after the horse was worked on race morning that it was fit to race. Mr Kennedy acknowledged that he had erred in not notifying the Stipendiary Stewards of the injury. He said that the injury looked a lot worse than it was and they had opted not to bandage it because of the position of the injury. He was not in the habit of withholding information from the Stipendiary Stewards, Mr Kennedy said.
----In determining penalty, the Committee took into account Mr Kennedy's very frank admission of the breach. The Committee also accepted that Mr Kennedy's omitting to
----notify the Stipendiary Stewards of the injury to BAND OF STARS was misguided rather than deceitful. However, the Committee was concerned that Mr Kennedy had seen fit not to notify. The Rule exists to cover precisely this situation and is necessary on humane and safety grounds as well as to protect the interests of punters. The integrity of racing requires that bettors should be informed to the fullest possible extent, prior to placing their bets, of all matters that are likely to affect a horse's performance and the fact a horse has been receiving treatment for a week prior to raceday for a condition or injury must rank high on the list of such matters. In addition, the late scratching would have resulted in lost turnover to the Club.
----Fortunately, in the present case, the damage to punters was minimised when the injury was noticed by the Club's veterinary surgeon at the barrier and the horse was ordered to be scratched. But for this, the horse would have started and it is likely that it would have performed below its best and that those persons who supported it would have lost their money without ever having been aware of the horse's condition.
----The Committee shared the view of the Stipendiary Stewards that this is a very serious matter. The penalty needs to reflect this. Mr Kennedy was fined the sum of $800.00.
----R G McKenzie
----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: d3bb143fe3957858ba77613d8a70f6d1
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 18/11/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Canterbury JC - 18 November 2006 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--Following the running of Race 5, Signature Travel Premier, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Trainer, Mr S J Kennedy, alleging that Mr Kennedy had committed a breach of Rule 707 (6) (a) in that, as the trainer of BAND OF STARS, he "failed to notify the Stewards of an injury sustained by the mare on the off-hind hock region
--
DECISION AND REASONS:
--Following the running of Race 5, Signature Travel Premier, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Trainer, Mr S J Kennedy, alleging that Mr Kennedy had committed a breach of Rule 707 (6) (a) in that, as the trainer of BAND OF STARS, he "failed to notify the Stewards of an injury sustained by the mare on the off-hind hock region, an injury that was the cause for BAND OF STARS to be withdrawn behind the barriers in Race 5 upon inspection by the Club's veterinary surgeon."
----Mr Kennedy was present at the hearing of the information and admitted the breach. The charge was found to be proved accordingly.
----Rule 707 provides as follows:
------(6) Where any horse is or is to be brought to the racecourse to start in any race:
----(a) The trainer or any other person in charge of a horse that is brought to a racecourse for the purpose of engaging in a race must ensure that such horse is fit and properly conditioned to race, and shall report to the Stipendiary Stewards as soon as practicable, and in any event no later than one hour before the advertised starting time of the race, any condition or occurrence that may affect the running of the horse in the race.
----The Club's Veterinary Surgeon, Dr C G Murfitt, told the Committee that he noticed at the barrier prior to the start of the race that BAND OF STARS had an injury on the front of the off-hind hock. When he saw the wound, it was actually bleeding with tissue "bubbling out" through the wound. He said that he believed that this had happened during the horse's preliminary when an injury had been aggravated. He was concerned that, if the horse raced, the wound may open up and become worse. He was also concerned that the horse may not perform as well as expected.
----Mr C J George, Stipendiary Steward, said that Mr Kennedy had been very frank and open and had cooperated with the Stipendiary Stewards when being questioned about the matter. However, Mr George was concerned that the horse had sustained an injury a week earlier and had subsequently been treated with anti-inflammatories and antibiotics. Mr George said that he had been informed by Mr Kennedy that the horse had not missed any work. He pointed out that the Rule requires notification of a condition that may affect a horse's performance. If the horse had not been inspected at the barrier and scratched, the impact on betting could have been quite significant had the horse performed disappointingly. In addition, there was an issue of rider safety. The Stipendiary Stewards viewed the matter very seriously. There had been an opportunity for Mr Kennedy to notify the Stewards of the injury and the horse was, clearly, not fit to start, Mr George submitted. It was more than an error of judgement as the injury was quite a significant one that had been apparent for a week. It had been in Mr Kennedy's mind for a week. Mr George submitted that Mr Kennedy had failed to carry out his obligations under the Rule and submitted that a fine of $500-1,000 was warranted.
----Mr Kennedy said that he was a part-owner of BAND OF STARS. Cup Day was a big day and the owners wanted to see the horse racing on the day. He said that everything possible had been done during the week to see that the horse was fit. It was examined every day by Mr Kennedy's veterinary surgeon. It was decided after the horse was worked on race morning that it was fit to race. Mr Kennedy acknowledged that he had erred in not notifying the Stipendiary Stewards of the injury. He said that the injury looked a lot worse than it was and they had opted not to bandage it because of the position of the injury. He was not in the habit of withholding information from the Stipendiary Stewards, Mr Kennedy said.
----In determining penalty, the Committee took into account Mr Kennedy's very frank admission of the breach. The Committee also accepted that Mr Kennedy's omitting to
----notify the Stipendiary Stewards of the injury to BAND OF STARS was misguided rather than deceitful. However, the Committee was concerned that Mr Kennedy had seen fit not to notify. The Rule exists to cover precisely this situation and is necessary on humane and safety grounds as well as to protect the interests of punters. The integrity of racing requires that bettors should be informed to the fullest possible extent, prior to placing their bets, of all matters that are likely to affect a horse's performance and the fact a horse has been receiving treatment for a week prior to raceday for a condition or injury must rank high on the list of such matters. In addition, the late scratching would have resulted in lost turnover to the Club.
----Fortunately, in the present case, the damage to punters was minimised when the injury was noticed by the Club's veterinary surgeon at the barrier and the horse was ordered to be scratched. But for this, the horse would have started and it is likely that it would have performed below its best and that those persons who supported it would have lost their money without ever having been aware of the horse's condition.
----The Committee shared the view of the Stipendiary Stewards that this is a very serious matter. The penalty needs to reflect this. Mr Kennedy was fined the sum of $800.00.
----R G McKenzie
----CHAIRMAN
--------------------
--
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 707.6.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a920fe6a9612c2ae84c592f808a061da
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ca833de070cc80655387fae7ba587aed
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/11/2006
meet_title: Canterbury JC - 18 November 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Canterbury JC