Invercargill HRC 6 August 2020 – R 7 (heard 20 August 2020 at Winton) – Chair, Mr N Skelt
ID: JCA19641
Hearing Type (Code):
harness-racing
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr V Munro - Stipendiary Steward
Defendant: Mr S Lock – Licensed Trainer
Information No: A12736
Meeting: Invercargill Harness Racing Club
Date: 6 August 2020 (heard 20 August 2020 at Winton)
Venue: Ascot Park
Race: 7
Rule No: 502A(2)
Judicial Committee: Mr ND Skelt, Chairman
Plea: Admitted
Charge: Presented wrong horse into the Birdcage prior to start of race
Facts
An Information was filed by Stipendiary Steward, Mr V Munro against Trainer, Mr S Lock (AVEROSS RUSTLER) at the Invercargill Harness Racing Club on the 6th of August 2020. The Information was adjourned (Sine Die) until a further date could be found. The information was heard at the Winton Harness Club meeting on Thursday, 20th of August.
Trainer, Steve Lock (AVEROSS RUSTLER) was charged with a breach of r 502A (2) in that he presented the wrong horse into the birdcage prior to the start of Race 7 at the meeting.
Rule 502A(2) reads:
The trainer and person in control of the horse at the race meeting shall ensure the correct horse is presented to start in the race in which it is entered.
Penalty provision is:
A person who commits a breach of any Rule shall (subject to the provisions of Rule 111(1), 113(5), 451(3), 507(3), 1001 or 1004 hereof) shall be liable to the following penalties:
(a) a fine not exceeding $10,000.00; and/or
(b) suspension from holding or obtaining a licence for a period not exceeding 12 months; and/or
(c) disqualification for a period not exceeding 12 months.
Mr Lock was present at the hearing of the Information. He indicated that he understood the charge and that he admitted the breach.
Evidence:
Mr Munro outlined the following summary of facts regarding the incident,
1.-Mr Lock is the registered trainer of AVEROSS RUSTLER.
2.-This horse was nominated and gained a start in Race 7 at the Invercargill Harness Racing Club’s meeting on 6th August 2020.
3.-AVEROSS RUSTLER is a 12-year old brown gelding and was having his first start since 13th March 2020.
4.-AVEROSS RUSTLER’S brand is 083591.
5.-AVEROSS RUSTLER has a current rating of R49.
6.-All runners were presented to the birdcage where they were inspected by Stipendiary Steward, Mr Mark Davidson. He identified that the horse presented by Mr Lock was not the brand for AVEROSS RUSTLER.
7.-The horse was subsequently returned to the stabling area and was deemed a late scratching by the Stewards under Rule 213(h).
8.-Further enquiries were made and the horse that was presented was in fact RAH DE RAH, who has a brand of 114058.
9.-RAH DE RAH has a current rating of R58.
10.-Mr Lock was interviewed after the race.
11.-He stated that he genuinely believed the horse to be AVEROSS RUSTLER.
12.-He had started training the gelding in early February.
13.-All of his horses had been spelling at a property in rural Gore in March due to Covid-19.
14.-Shortly after lockdown was lifted, he went to the property and uplifted some of his horses to begin training them for racing.
15.-To his knowledge he put AVEROSS RUSTLER on the truck and has trained him up to race, only becoming aware that it was the incorrect horse when presented before the race.
16.-AVEROSS RUSTLER is still spelling at the rural property and not in work.
17.-Mr Lock had admitted his mistake at the earliest possible opportunity.
Submission by Mr Lock
Mr Lock agreed with the summation of the evidence, he also stated that he wished to acknowledge the professionalism of Stipendiary Steward, Mr Mark Davidson throughout the process.
Mr Lock stated that it was a genuine mistake that both AVEROSS RUSTLER and RAH DE RAH had very similar markings and were both spelling in the same paddock when he went to retrieve what he thought was AVEROSS RUSTLER.
Decision:
Mr Lock has admitted the breach and, accordingly the charges found proved.
Submission for Penalty:
Mr Munro outlined the following,
1.-Mr Lock currently holds a Public Trainer’s licence.
2.-Mr Lock is aware of the requirement in relation to the New Zealand Rules of Harness Racing.
3.-The failure to present the correct horse was a basic error that should not have occurred.
4.-There is no suggestion or evidence to say that this was an intentional act by Mr Lock to deceive any parties.
5.-Mr Lock has no previous breaches of this Rule and has admitted the breach at the first possible opportunity.
6.-Rule 1003 provides for a fine not exceeding $10,000 and/or a suspension from holding or obtaining a licence or disqualification for a period of 12 months.
7.-The following decisions are considered to be of some assistance to the Committee to determine penalty – HRNZ v E (2007) - $1,200 (horse raced), RIU v H (2014) - $500 (trials) and RIU v S (2013) - $550 (presented incorrect horse however the mistake was able to be fixed and the correct horse raced).
8.-In this instance AVEROSS RUSTLER was not a favoured runner and did not carry much support by the TAB.
9.-The Racing Integrity Unit considers that it is a fundamental requirement of any trainer to present the correct horse to race and this is to maintain public confidence in the integrity of the sport.
10.-Given the circumstances of the offence, the RIU submit that a monetary fine be imposed that acts as a deterrent. It is the submission of the Informant that a fine in the vicinity of $800 is appropriate in this matter.
Mr Lock outlined the following:
Mr Lock stated that he had six horses in work, two of which he owned outright himself. He also stated that he had relinquished his horseman driver’s license two years ago, deriving no income from this source.
Mr Lock stated that he was a 68 year old pensioner who had little financial means and had no savings. He indicated that any monetary penalty meant that he would need to come to a financial arrangement with Harness Racing New Zealand to be able to pay this off over time.
Mr Lock also stated that his income stream had been severely affected by the Covid-19 situation as his horse transport business had become very limited. The centralisation of Harness Racing to Ascot Park over the Winter months had also had a negative effect on his horse transport business.
Mr Lock also stated he had no ill intent with the mistake, it was simply a genuine one.
Reasons for Penalty:
Mr Lock has been charged and has admitted the breach at the earliest possible moment and has been very cooperative throughout the process.
There was no ill intent on Mr Lock’s behalf, he has simply made a genuine mistake.
In the previous cases, as presented in the Submissions for Penalty HRNZ vs E (2007), $1,200 was the fixed penalty, however the horse in this case raced. The case RIU vs H (2014) $500 was awarded, however this case was at a trials meeting, so somewhat different from a raceday situation.
The RIU vs S (2013) $550 was awarded with an incorrect horse being presented but the mistake fixed and the horse being able to race. So again, a different scenario from Mr Lock’s.
In setting penalty, the Committee cannot draw on an exact similar case for guidance. However, the Committee views the breach at the lower end of the scale.
Penalty:
Mr Lock is fined the sum of $700.
ND Skelt
Chairman
24 August 2020
Decision Date: 06/08/2020
Publish Date: 06/08/2020
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: 4f67774fc9d83419acc2cae28ee5b503
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 06/08/2020
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Invercargill HRC 6 August 2020 - R 7 (heard 20 August 2020 at Winton) - Chair, Mr N Skelt
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr V Munro - Stipendiary Steward
Defendant: Mr S Lock – Licensed Trainer
Information No: A12736
Meeting: Invercargill Harness Racing Club
Date: 6 August 2020 (heard 20 August 2020 at Winton)
Venue: Ascot Park
Race: 7
Rule No: 502A(2)
Judicial Committee: Mr ND Skelt, Chairman
Plea: Admitted
Charge: Presented wrong horse into the Birdcage prior to start of race
Facts
An Information was filed by Stipendiary Steward, Mr V Munro against Trainer, Mr S Lock (AVEROSS RUSTLER) at the Invercargill Harness Racing Club on the 6th of August 2020. The Information was adjourned (Sine Die) until a further date could be found. The information was heard at the Winton Harness Club meeting on Thursday, 20th of August.
Trainer, Steve Lock (AVEROSS RUSTLER) was charged with a breach of r 502A (2) in that he presented the wrong horse into the birdcage prior to the start of Race 7 at the meeting.
Rule 502A(2) reads:
The trainer and person in control of the horse at the race meeting shall ensure the correct horse is presented to start in the race in which it is entered.
Penalty provision is:
A person who commits a breach of any Rule shall (subject to the provisions of Rule 111(1), 113(5), 451(3), 507(3), 1001 or 1004 hereof) shall be liable to the following penalties:
(a) a fine not exceeding $10,000.00; and/or
(b) suspension from holding or obtaining a licence for a period not exceeding 12 months; and/or
(c) disqualification for a period not exceeding 12 months.
Mr Lock was present at the hearing of the Information. He indicated that he understood the charge and that he admitted the breach.
Evidence:
Mr Munro outlined the following summary of facts regarding the incident,
1.-Mr Lock is the registered trainer of AVEROSS RUSTLER.
2.-This horse was nominated and gained a start in Race 7 at the Invercargill Harness Racing Club’s meeting on 6th August 2020.
3.-AVEROSS RUSTLER is a 12-year old brown gelding and was having his first start since 13th March 2020.
4.-AVEROSS RUSTLER’S brand is 083591.
5.-AVEROSS RUSTLER has a current rating of R49.
6.-All runners were presented to the birdcage where they were inspected by Stipendiary Steward, Mr Mark Davidson. He identified that the horse presented by Mr Lock was not the brand for AVEROSS RUSTLER.
7.-The horse was subsequently returned to the stabling area and was deemed a late scratching by the Stewards under Rule 213(h).
8.-Further enquiries were made and the horse that was presented was in fact RAH DE RAH, who has a brand of 114058.
9.-RAH DE RAH has a current rating of R58.
10.-Mr Lock was interviewed after the race.
11.-He stated that he genuinely believed the horse to be AVEROSS RUSTLER.
12.-He had started training the gelding in early February.
13.-All of his horses had been spelling at a property in rural Gore in March due to Covid-19.
14.-Shortly after lockdown was lifted, he went to the property and uplifted some of his horses to begin training them for racing.
15.-To his knowledge he put AVEROSS RUSTLER on the truck and has trained him up to race, only becoming aware that it was the incorrect horse when presented before the race.
16.-AVEROSS RUSTLER is still spelling at the rural property and not in work.
17.-Mr Lock had admitted his mistake at the earliest possible opportunity.
Submission by Mr Lock
Mr Lock agreed with the summation of the evidence, he also stated that he wished to acknowledge the professionalism of Stipendiary Steward, Mr Mark Davidson throughout the process.
Mr Lock stated that it was a genuine mistake that both AVEROSS RUSTLER and RAH DE RAH had very similar markings and were both spelling in the same paddock when he went to retrieve what he thought was AVEROSS RUSTLER.
Decision:
Mr Lock has admitted the breach and, accordingly the charges found proved.
Submission for Penalty:
Mr Munro outlined the following,
1.-Mr Lock currently holds a Public Trainer’s licence.
2.-Mr Lock is aware of the requirement in relation to the New Zealand Rules of Harness Racing.
3.-The failure to present the correct horse was a basic error that should not have occurred.
4.-There is no suggestion or evidence to say that this was an intentional act by Mr Lock to deceive any parties.
5.-Mr Lock has no previous breaches of this Rule and has admitted the breach at the first possible opportunity.
6.-Rule 1003 provides for a fine not exceeding $10,000 and/or a suspension from holding or obtaining a licence or disqualification for a period of 12 months.
7.-The following decisions are considered to be of some assistance to the Committee to determine penalty – HRNZ v E (2007) - $1,200 (horse raced), RIU v H (2014) - $500 (trials) and RIU v S (2013) - $550 (presented incorrect horse however the mistake was able to be fixed and the correct horse raced).
8.-In this instance AVEROSS RUSTLER was not a favoured runner and did not carry much support by the TAB.
9.-The Racing Integrity Unit considers that it is a fundamental requirement of any trainer to present the correct horse to race and this is to maintain public confidence in the integrity of the sport.
10.-Given the circumstances of the offence, the RIU submit that a monetary fine be imposed that acts as a deterrent. It is the submission of the Informant that a fine in the vicinity of $800 is appropriate in this matter.
Mr Lock outlined the following:
Mr Lock stated that he had six horses in work, two of which he owned outright himself. He also stated that he had relinquished his horseman driver’s license two years ago, deriving no income from this source.
Mr Lock stated that he was a 68 year old pensioner who had little financial means and had no savings. He indicated that any monetary penalty meant that he would need to come to a financial arrangement with Harness Racing New Zealand to be able to pay this off over time.
Mr Lock also stated that his income stream had been severely affected by the Covid-19 situation as his horse transport business had become very limited. The centralisation of Harness Racing to Ascot Park over the Winter months had also had a negative effect on his horse transport business.
Mr Lock also stated he had no ill intent with the mistake, it was simply a genuine one.
Reasons for Penalty:
Mr Lock has been charged and has admitted the breach at the earliest possible moment and has been very cooperative throughout the process.
There was no ill intent on Mr Lock’s behalf, he has simply made a genuine mistake.
In the previous cases, as presented in the Submissions for Penalty HRNZ vs E (2007), $1,200 was the fixed penalty, however the horse in this case raced. The case RIU vs H (2014) $500 was awarded, however this case was at a trials meeting, so somewhat different from a raceday situation.
The RIU vs S (2013) $550 was awarded with an incorrect horse being presented but the mistake fixed and the horse being able to race. So again, a different scenario from Mr Lock’s.
In setting penalty, the Committee cannot draw on an exact similar case for guidance. However, the Committee views the breach at the lower end of the scale.
Penalty:
Mr Lock is fined the sum of $700.
ND Skelt
Chairman
24 August 2020
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Rules: 502A(2)
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