Canterbury Racing – 24 September 2005 –

Following the running of Race 7, the Bunker at Prebbleton Farm Handicap, Stipendiary Steward Mr S. C. Ching laid an information pursuant to Rule 867(3)(c) alleging Trainer Mr K. W. Morton had attempted to start his horse "Il Generale" wearing work shoes.

Rule 867(3)(c) reads as follows.

"(3) Every person commits a breach of these Rules who:

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1. ?..
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2. ?..
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3. starts or attempts to start in any race a horse wearing shoes or wearing excessively worn or otherwise faulty or defective plates."

Mr Morton had indicated on the Information that he admitted this breach of the Rules and he confirmed this at the hearing.

Stipendiary Steward Mr S. C. Ching gave evidence that Mr Brian Wilson, the farrier employed by the Club, had reported to him prior to Race 7 that when he inspected "Il Generale's" shoes he found that it was wearing training or work shoes. As a result the horse was allowed to start (in accordance with Rule 867(1)(d)) after these shoes had been removed. Mr Ching explained that a horse is not permitted to race unless it is fully shod with approved racing plates. There was also evidence that the shoes on "Il Generale" were thicker and heavier than approved racing plates.

Mr Morton gave evidence that he had recently taken a short holiday. Before going he had arranged for two horses to be taken to a farrier to be shod with racing plates in preparation for racing. When he next saw these horses their steel shoes had been removed and replaced with aluminium shoes. Mr Morton said that he was not an expert on the shoeing of horses, and that when he saw they were wearing aluminium shoes he believed that they were in fact racing plates.

Mr Morton had brought the other horse (shod at the same time) to the racecourse that day as a travelling companion for "Il Generale". When this matter arose he checked the shoes on that horse and found that it was also shod with the same heavier and thicker shoes. Mr Morton said that this horse had raced at Timaru the previous weekend, and prior to that race it had been routinely inspected by the farrier (a Mr Shand) and the shoes had been passed as being racing plates.

Mr Morton also said that he had lifted "Il Generale's" feet to clean the hooves prior to race day. He had therefore been able to have a very close look at the shoes, and it had never crossed his mind that the shoes were anything other than racing plates.

It was Mr Morton's case that he had been badly let down by the farrier who he had paid to shoe his horses. It seems that this farrier is inexperienced. Mr Ching agreed that Mr Morton had been let down by the farrier. It was also agreed that it would be very difficult for anyone other than a very experienced farrier to detect that the shoes worn by "Il Generale" were not approved racing plates under the Rules.

Penalty: In relation to penalty Mr Ching advised that Mr Morton had a clear record, and that the most recent breach of this Rule had resulted in a fine of $200-00. Mr Morton said that he had pleaded guilty to this charge because the ultimate responsibility was his.

We retired to consider the matter of penalty.

Taking all the above matters into account we are satisfied that there are weighty mitigating circumstances. We are also satisfied that Mr Morton was badly let down by the farrier who shod the horse with similar but non-approved shoes. Mr Morton, we are satisfied, was completely oblivious to the true state of affairs.

Mr Morton pleaded guilty to this charge and we are satisfied that the Informant does not have to prove that Mr Morton intended to commit a breach of this Rule; see Rule 1008.

Our decision is that a conviction will be entered for this breach of the Rules but that in the circumstances no penalty will be imposed.

Chairman