Kumara RC – 10 January 2009 – Race 2

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startdate: 10/01/2009

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hearing_title: Kumara RC - 10 January 2009 - Race 2

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Following the running of Race 2, Birchfield Coal Mines Rating 75, an information was filed by Stipendiary Steward, Mr S C Ching, against Starter, Mr Colman Creagh, alleging that Mr Creagh "loaded and started FAALCON in gate 2 instead of gate 11. All other runners except DIAMOND JULES also started out of incorrect gates, one position out from where they drew."

Following the running of Race 2, Birchfield Coal Mines Rating 75, an information was filed by Stipendiary Steward, Mr S C Ching, against Starter, Mr Colman Creagh, alleging that Mr Creagh "loaded and started FAALCON in gate 2 instead of gate 11. All other runners except DIAMOND JULES also started out of incorrect gates, one position out from where they drew."

The information was filed on the raceday and adjourned and was heard at the meeting of Greymouth Racing Club at Omoto on 14 January 2009.

Mr Creagh was present at the hearing and admitted the breach which was found proved accordingly.

Rule 864 (2) provides as follows:

Rule 865 (3) provides as follows:

Mr Ching showed video footage of the horse, FAALCON, being loaded into the barrier stalls prior to the running of Race 2. He pointed out FAALCON, wearing saddlecloth No. 5, being loaded into barrier No.2. alongside DIAMOND JULES which had drawn and been loaded into barrier stall No.1. FAALCON had originally drawn barrier No. 13 but came in to barrier No. 11, the outside barrier, as a result of scratchings. Mr Ching explained that every horse drawn between barriers Nos. 3 and 11 inclusive had started one stall further out than it should have. Mr Ching produced the official starter’s list for the Race.

Mr Creagh admitted that the horse with saddlecloth No.5, loaded into barrier No.2, shown in the video coverage was FAALCON and that it should have been loaded into barrier No.11.

In relation to penalty, Mr Ching said that Mr Creagh was "a starter of long standing". Mr Creagh said that he had been a starter on his own account for 30 years and had another 14 years of working on the starting gates. He had not previously appeared before a Judicial Committee. Mr Ching referred to a recent breach of the Rule by the starter at Riccarton. On that occasion, the starter had loaded 4 horses in their incorrect positions – the horses having drawn barriers Nos. 1 to 4 had been loaded "back to front", Mr Ching said. The starter admitted the breach and was fined the sum of $400. Mr Ching said that he regarded the present breach as being "slightly more serious", as one horse had gained a "reasonable advantage" having run from a draw near the rail instead of from the outside. FAALCON finished 4^th in the Race having jumped well and got cover during the running. Mr Ching recommended a fine in the range of $400-600.

Mr Creagh freely admitted that he had put the horses in the wrong barrier positions. However, he said, with the aid of any jockey the problem could have been overcome. He did not call Mr Bullard into barrier No.2. He explained that his starter’s list had been folded and FAALCON had been listed below the fold in the paper. He therefore started loading from the outside from the horse immediately above the fold on the page and worked in, in accordance with the usual practice. Mr Bullard, he said, went into the barrier on his own and he, Mr Creagh, did not see him go in. If Mr Bullard had spoken up, there was a spare gate on the outside into which FAALCON could have been loaded.

In determining penalty, the Committee took into account, as mitigating factors, Mr Creagh’s admission of the breach and his long, unblemished record extending, as it does, over 30 years. The Committee also took into account Mr Ching’s recommendation in relation to penalty and the fine of $400 imposed recently on the Canterbury starter. While, the Committee accepts, the mistake was an innocent one on Mr Creagh’s part, he had a duty to exercise more care and it is fortunate that the consequences were not more far-reaching which they would have been if, for example, FAALCON had won the Race.

The Committee noted that the starting point for a careless or negligent breach of the Rule, according to the Guide for Judicial Committees, is a $750 fine. However, having regard to the matters referred to in the preceding paragraph, the Committee was satisfied that a fine of a lesser amount was appropriate in this instance.

Mr Creagh was fined the sum of $400.

R G McKenzie

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hearing_type: Old Hearing

Rules: 864.2, 865.3

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race_title: Race 2

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meetdate: 10/01/2009

meet_title: Kumara RC - 10 January 2009

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