Hawke’s Bay RI 23 September 2017 – R 10 – Chair, Mr N McCutcheon
ID: JCA17470
Code:
Thoroughbred
Meet Title:
Hawkes Bay RI - 23 September 2017
Meet Chair:
NMcCutcheon
Meet Committee Member 1:
NMoffatt
Race Date:
2017/09/23
Race Number:
R 10
Decision:
As Mr Bergerson admitted the breach it was deemed to be proved by the Judicial Committee.
Penalty:
Mr Bergerson was fined $400.
Facts:
Information No. A10015 was filed with the Judicial Committee alleging that Mr Bergerson late-scratched BEEFEATER from Race 10 (Hastings-Heart of Hawkes Bay-1400) without the required permission.
Rule 534(1) provides:
At any time from the Withdrawal Deadline to the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, a person intending to scratch a horse from a Race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a Race Meeting but does not specify a particular Race at that Race Meeting, such notice shall be deemed to apply to all Races for which the horse has been accepted or deemed to have been accepted at that Race Meeting.
Mr Bergerson said that he understood the Rule and confirmed that he admitted the breach.
Mr Oatham said that he did not have anything to add to his submission that was put forward at the prior hearing regarding Mr Bergerson’s request for approval to late-scratch BEEFEATER.
Mr Bergerson said that the scratching of his horse did not cost another horse a start (nil ballots) and that he had made the right decision as it was the second-favourite and that it would have cost the punters (if started).
Submissions for Penalty:
Mr Oatham said that during 2013 two Trainers were each fined $200 for unauthorised late-scratchings. He said that those penalties were imposed prior to the current Penalty Guide. He said that on this occasion it was at a Premier Meeting, BEEFEATER was well fancied and that there would be a loss to the Club and to the punters. Mr Oatham said that this case was worse than the others alluded to and submitted that a fine in the vicinity of $300-$500 be imposed.
Mr Bergerson was advised by the Judicial Committee that the JCA starting point for this breach of the Rule was a fine of $400.
In response Mr Bergerson said that the Committee had a duty to fulfil, but that he felt that he had done the right thing in the interests of the horse and the punters.
Reasons for Penalty:
The Committee was mindful of the JCA starting point of $400. After giving due consideration to all matters relating to penalty, the Committee did not believe that there was any reason for a departure from the starting point.
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: e81f22e76e6370ee4560b7eb4c3f0ce5
informantnumber: A10015
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Late scaratched horse without authorisation
plea: admitted
penaltyrequired: 1
decisiondate: 24/09/2017
hearing_title: Hawke's Bay RI 23 September 2017 - R 10 - Chair, Mr N McCutcheon
charge:
facts:
Information No. A10015 was filed with the Judicial Committee alleging that Mr Bergerson late-scratched BEEFEATER from Race 10 (Hastings-Heart of Hawkes Bay-1400) without the required permission.
Rule 534(1) provides:
At any time from the Withdrawal Deadline to the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, a person intending to scratch a horse from a Race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a Race Meeting but does not specify a particular Race at that Race Meeting, such notice shall be deemed to apply to all Races for which the horse has been accepted or deemed to have been accepted at that Race Meeting.
Mr Bergerson said that he understood the Rule and confirmed that he admitted the breach.
Mr Oatham said that he did not have anything to add to his submission that was put forward at the prior hearing regarding Mr Bergerson’s request for approval to late-scratch BEEFEATER.
Mr Bergerson said that the scratching of his horse did not cost another horse a start (nil ballots) and that he had made the right decision as it was the second-favourite and that it would have cost the punters (if started).
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bergerson admitted the breach it was deemed to be proved by the Judicial Committee.
sumissionsforpenalty:
Mr Oatham said that during 2013 two Trainers were each fined $200 for unauthorised late-scratchings. He said that those penalties were imposed prior to the current Penalty Guide. He said that on this occasion it was at a Premier Meeting, BEEFEATER was well fancied and that there would be a loss to the Club and to the punters. Mr Oatham said that this case was worse than the others alluded to and submitted that a fine in the vicinity of $300-$500 be imposed.
Mr Bergerson was advised by the Judicial Committee that the JCA starting point for this breach of the Rule was a fine of $400.
In response Mr Bergerson said that the Committee had a duty to fulfil, but that he felt that he had done the right thing in the interests of the horse and the punters.
reasonsforpenalty:
The Committee was mindful of the JCA starting point of $400. After giving due consideration to all matters relating to penalty, the Committee did not believe that there was any reason for a departure from the starting point.
penalty:
Mr Bergerson was fined $400.
hearing_type: Hearing
Rules: 534(1)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr R Bergerson - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 0200e8b1b798863a5657fc18071fccd0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f1921fdf94fb189b58107a870e31e19e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/09/2017
meet_title: Hawkes Bay RI - 23 September 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hawkes-bay-ri
meet_racingtype: thoroughbred-racing
meet_chair: NMcCutcheon
meet_pm1: NMoffatt
meet_pm2: none
name: Hawkes Bay RI