Kurow RC 30 December 2018 – R 4 – Chair, Prof G Hall
ID: JCA14198
Code:
Thoroughbred
Meet Title:
Kurow JC - 30 December 2018
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2018/12/30
Race Number:
R 4
Decision:
Mr McKay has admitted the breach. We thus find the breach is proved.
Penalty:
Mr McKay is fined the sum of $150.
Facts:
Mr Davidson alleged that Mr McKay (BILLABONG BILLY) failed to gain permission to add sidewinkers by the required time for race 4, the Oamaru Jockey Club Maiden.
Rule 616(2) provides:
A Trainer shall not start or attempt to start a horse in a Race in an item or items of Notifiable Gear unless permission has been obtained from a Stipendiary Steward before the horse is accepted or is deemed to be accepted for that Race.
Mr Davidson explained that Mr McKay had come to the Stewards before the meeting and stated that BILLABONG BILLY trialled and worked in sidewinkers. He had overlooked this fact when nominating. The horse was a first starter and would be too green to race without sidewinkers.
Mr Davidson stated the Stewards decided to let the horse race in sidewinkers but told the respondent they would request that the JCA impose a substantial penalty.
Mr Davidson said Mr McKay acknowledged this would be the case.
Submissions for Penalty:
Mr Davidson said he was exercising his discretion to lay an Information rather than implementing the minor infringement penalty scheme due to the seriousness of the breach on this occasion. The most recent example he believed was at Riccarton in Cup week when a fine of $100 was imposed with respect to a tongue tie. He believed the breach before us was more serious and submitted a fine of $200 was appropriate.
Reasons for Penalty:
We are of the view that the breach is a serious example of a breach of this rule and can understand why the Stewards decided to lay an information. The minor infringement penalty scheme provides a $50 for a first breach and $100 for a second or subsequent.
We agree in the interests of safety that it was appropriate that BILLABONG BILLY raced in sidewinkers despite these not being notified.
A deterrent penalty is appropriate to reinforce the integrity of racing, but this is tempered by the fact that the respondent has a clear record under this rule. We take Mr Davidson’s submission as a starting point and reduce it by $50 for this fact and that it is an admitted breach.
Decision Date: 02/01/2019
Publish Date: 02/01/2019
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: a69b3749bca2bcb1e23df0f64df980b1
informantnumber: A8648
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to gain permission to add gear by the required time
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2019
hearing_title: Kurow RC 30 December 2018 - R 4 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr McKay (BILLABONG BILLY) failed to gain permission to add sidewinkers by the required time for race 4, the Oamaru Jockey Club Maiden.
Rule 616(2) provides:
A Trainer shall not start or attempt to start a horse in a Race in an item or items of Notifiable Gear unless permission has been obtained from a Stipendiary Steward before the horse is accepted or is deemed to be accepted for that Race.
Mr Davidson explained that Mr McKay had come to the Stewards before the meeting and stated that BILLABONG BILLY trialled and worked in sidewinkers. He had overlooked this fact when nominating. The horse was a first starter and would be too green to race without sidewinkers.
Mr Davidson stated the Stewards decided to let the horse race in sidewinkers but told the respondent they would request that the JCA impose a substantial penalty.
Mr Davidson said Mr McKay acknowledged this would be the case.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McKay has admitted the breach. We thus find the breach is proved.
sumissionsforpenalty:
Mr Davidson said he was exercising his discretion to lay an Information rather than implementing the minor infringement penalty scheme due to the seriousness of the breach on this occasion. The most recent example he believed was at Riccarton in Cup week when a fine of $100 was imposed with respect to a tongue tie. He believed the breach before us was more serious and submitted a fine of $200 was appropriate.
reasonsforpenalty:
We are of the view that the breach is a serious example of a breach of this rule and can understand why the Stewards decided to lay an information. The minor infringement penalty scheme provides a $50 for a first breach and $100 for a second or subsequent.
We agree in the interests of safety that it was appropriate that BILLABONG BILLY raced in sidewinkers despite these not being notified.
A deterrent penalty is appropriate to reinforce the integrity of racing, but this is tempered by the fact that the respondent has a clear record under this rule. We take Mr Davidson’s submission as a starting point and reduce it by $50 for this fact and that it is an admitted breach.
penalty:
Mr McKay is fined the sum of $150.
hearing_type: Hearing
Rules: 616(2)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: b5d8bd53f21a772362b8e46e7e4069e7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2834292dffe73339558170b43818d5bb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/12/2018
meet_title: Kurow JC - 30 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kurow-jc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Kurow JC