Canterbury Racing – 4 October 2008 – Race 4

hearingid: 7ed611eb99d3529f542d93484d0cd571

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hearing_racingtype: thoroughbred-racing

startdate: 04/10/2008

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decisiondate: no date provided

hearing_title: Canterbury Racing - 4 October 2008 - Race 4

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Decision:

Following the running of Race 4, the Huntley House Luxury Hotel Rating 70, Stipendiary Steward Mr J. P. Oatham laid an information pursuant to Rules 865(3) and 864(2) alleging Starter Mrs S. Payne loaded four runners in the incorrect starting gates from which they started.

Mrs Payne had indicated on the information that she admitted this breach of this Rules, and she confirmed this at the hearing.  Mrs Payne also acknowledged that she understood the Rule and the charge.

Mr Oatham gave evidence that the horses which had drawn 1, 2 and 3 were loaded into stalls 2, 3 and 4 respectively.  The horse that had drawn 4 was loaded into stall 1.  Mr Oatham said that there had been some pressure on Mrs Payne at the time, and explained that there had been a late scratching necessary in Race 2 when a stall did not open properly.  In the following race there had been a false start, and that race had started about 15 minutes late.  In the race involved in this charge (Race 4) the race was put back five minutes because of the time lost, and to add to the pressure there was strong wind to contend with.

Mrs Payne gave evidence that she saw the horse entering the inside stall and the jockey was wearing the Neil Coulbeck colours.  However there were three Neil Coulbeck runners (in the same colours) in the race, and one of the other horses had drawn four.  This added to the confusion.  Mrs Payne did accept that ultimately she was responsible for this incident.

PENALTY:  

In relation to penalty Mr Oatham advised that he had some sympathy for the position Mrs Payne found herself in.  However Mrs Payne had been given the benefit of a warning for a similar breach some time ago.  A fine of between $400-00 and $600-00 was recommended.  The only other similar case that could be recalled by Mr Oatham was a starter being fined (he thought) $400-00 in the North Island some time ago.  [After the hearing we checked and established that a starter had been fined $450-00 at Wairoa on 8 February 2007 for a similar breach.] 

Mrs Payne said that her employment as a starter was her only income.

We adjourned to consider the matter of penalty. In considering an appropriate penalty in this case we took into account that this is Mrs Payne’s first breach of the Rules, and that she has pleaded guilty.  We also accept that there was a good deal of pressure on her at the time.  On the other hand the breach did result in four horses starting from the wrong stalls.  Taking all these matters into account we determined that a fine at the low end of that recommended should be imposed.

DECISION ON PENALTY:  

On returning to the Enquiry Room we gave the following oral decision.

“We have heard submissions on penalty.  We have no guidance as to an appropriate penalty, and Mr Oatham has suggested a fine of between $400-00 and $600-00.

It was clear that it was quite a busy time, and that Mrs Payne may have been confused by the Coulbeck colours which had drawn (1), and these were the colours that entered that stall.

We are satisfied that the fine range recommended by Mr Oatham is in the right range.  We take into account Mrs Payne’s guilty plea and impose a fine of $400-00.”

J. M. Phelan

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hearing_type: Old Hearing

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raceid: 1166e46fcf153f1407a8336aa7bab205

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racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 4

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meetdate: 04/10/2008

meet_title: Canterbury Racing - 4 October 2008

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tracklocation: canterbury-racing

meet_racingtype: thoroughbred-racing

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name: Canterbury Racing