Back to decisions search

Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Marlborough HRC 20 January 2019 – R 7 – Chair, Mr P Williams

ID: JCA12678

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr G Smith - Public Trainer

Information Number:
A11357

Hearing Type:
Hearing

New Charge:
Incorrect numbers

Rules:
849(2)

Plea:
admitted

Meet Title:
Marlborough HRC - 20 January 2019

Meet Chair:
PWilliams

Meet Committee Member 1:
DAnderson

Race Date:
2019/01/20

Race Number:
R10

Decision:

As Mr Smith admitted the breach the charge was found proved.

Penalty:

Mr Smith is fined $150.

Facts:

Following the running of Race 7, the “Les Hope Memorial Handicap Trot”, Information A11357 was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 849 (2) by Open Horseman Mr G Smith. The Information stated “G Smith presented “Red Hot Rocket” and “Scarlett Banner” to race with incorrect numbers”. Mr Smith signed the Information indicating he admitted the breach and also that he understood the Rule he had breached. At the beginning of the hearing the Chairman explained to Mr Smith that whilst a breach of this Rule was normally dealt with by way of a Minor Infringement Notice, because he had breached the Rule 3 times in under 120 days an Information had been filed.

Rule 849 (2) states:-

“The trainer, horseman or person in control of each horse in the race shall ensure that the proper numbered saddle cloth is attached prior to the horse parading in the assembly area”.

Rule 1110 (4) states:-

“The Judicial Committee shall determine the sanction for the breach ( under the Minor Infringement Procedure) if:-
(a) It is the person’s third or subsequent breach of that Rule within 120 days”.

Mr Renault said the Mr Smith had two horses in Race 7 today – “Red Hot Rocket which was number 8 and “Scarlett Banner” which was number 11. He said as the horses were being presented for inspection it was noticed the 2 horses had the wrong numbers on although they were swapped over before the race commenced.

Mr Smith said it was a simple error – it was a busy day for him and he simply had not realised what had happened until it was pointed out to him by the Stipendiary Steward.

Submissions for Penalty:

Mr Renault said as this was the third breach of this Rule by Mr Smith in under 120 days a fine greater than the $100 stated in the Minor Infringement Schedule to the Rules be imposed and on this occasion the Stewards submitted a fine between $150 and $200 was appropriate.

Mr Smith reiterated it was a simple error which had been picked up before the horses raced.

Reasons for Penalty:

The Committee understands that with a tight timeframe between races 6 and 7 Mr Smith, with two horses in the race, was under some pressure to parade them on the track in time. That said, he and only he is responsible for ensuring the two horses were correctly numbered. It is fortunate the error was picked up before the race commenced. The hearing of an Information today is because this is Mr Smith’s third breach of the Rule in under 120 days with the previous breaches being at Nelson on 13 January 2019 and Banks Peninsula on 25 November 2018. As such, an increase to the fine of $100 imposed on the two earlier breaches is appropriate.

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: 48b81e44da5962b590b945c04f5368f1

informantnumber: A11357

horsename:

hearing_racingtype:

startdate: no date provided

newcharge: Incorrect numbers

plea: admitted

penaltyrequired: 1

decisiondate: 21/01/2019

hearing_title: Marlborough HRC 20 January 2019 - R 7 - Chair, Mr P Williams

charge:

facts:

Following the running of Race 7, the “Les Hope Memorial Handicap Trot”, Information A11357 was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 849 (2) by Open Horseman Mr G Smith. The Information stated “G Smith presented “Red Hot Rocket” and “Scarlett Banner” to race with incorrect numbers”. Mr Smith signed the Information indicating he admitted the breach and also that he understood the Rule he had breached. At the beginning of the hearing the Chairman explained to Mr Smith that whilst a breach of this Rule was normally dealt with by way of a Minor Infringement Notice, because he had breached the Rule 3 times in under 120 days an Information had been filed.

Rule 849 (2) states:-

“The trainer, horseman or person in control of each horse in the race shall ensure that the proper numbered saddle cloth is attached prior to the horse parading in the assembly area”.

Rule 1110 (4) states:-

“The Judicial Committee shall determine the sanction for the breach ( under the Minor Infringement Procedure) if:-
(a) It is the person’s third or subsequent breach of that Rule within 120 days”.

Mr Renault said the Mr Smith had two horses in Race 7 today – “Red Hot Rocket which was number 8 and “Scarlett Banner” which was number 11. He said as the horses were being presented for inspection it was noticed the 2 horses had the wrong numbers on although they were swapped over before the race commenced.

Mr Smith said it was a simple error – it was a busy day for him and he simply had not realised what had happened until it was pointed out to him by the Stipendiary Steward.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

As Mr Smith admitted the breach the charge was found proved.

sumissionsforpenalty:

Mr Renault said as this was the third breach of this Rule by Mr Smith in under 120 days a fine greater than the $100 stated in the Minor Infringement Schedule to the Rules be imposed and on this occasion the Stewards submitted a fine between $150 and $200 was appropriate.

Mr Smith reiterated it was a simple error which had been picked up before the horses raced.

reasonsforpenalty:

The Committee understands that with a tight timeframe between races 6 and 7 Mr Smith, with two horses in the race, was under some pressure to parade them on the track in time. That said, he and only he is responsible for ensuring the two horses were correctly numbered. It is fortunate the error was picked up before the race commenced. The hearing of an Information today is because this is Mr Smith’s third breach of the Rule in under 120 days with the previous breaches being at Nelson on 13 January 2019 and Banks Peninsula on 25 November 2018. As such, an increase to the fine of $100 imposed on the two earlier breaches is appropriate.

penalty:

Mr Smith is fined $150.

hearing_type: Hearing

Rules: 849(2)

Informant: Mr S Renault - Stipendiary Steward

JockeysandTrainer: Mr G Smith - Public Trainer

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 50f23c7ba5a47edd0e5e7903c9b1e050

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R10

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 0d648cb8141aa25f37e13f2898e28f51

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 20/01/2019

meet_title: Marlborough HRC - 20 January 2019

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: marlborough-hrc

meet_racingtype: harness-racing

meet_chair: PWilliams

meet_pm1: DAnderson

meet_pm2: none

name: Marlborough HRC