Archive Decision

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Methven TC 14 October 2018 – R 6 – Chair, Mr D Anderson

ID: JCA11908

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr C and Mr J Kennett - Public Trainers

Other Person:
Mr R Quirk - Stipendiary Steward, Mrs C Tibbs - Stipendiary Steward

Information Number:
A10870

Hearing Type:
Hearing

New Charge:
Late scratching

Rules:
834(2)(a)

Plea:
admitted

Meet Title:
Methven TC - 14 October 2018

Meet Chair:
DAnderson

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/10/14

Race Number:
R 6

Decision:

Mr J Kennett having admitted the breach; the charge was found proved.

Penalty:

Mr C and Mr J Kennett are fined the sum of $600.

Facts:

Information number No 10870 was filed by Stipendiary Steward, Mr S Renault, against Licensed Public Trainers Mr CLE and Mr JLE Kennett, alleging that as the trainers of BHAKTI and WESTAR SAM, acceptors for race 6, the JA & GD Trudgeon Mobile Pace, “they scratched their runners from this race without an acceptable reason resulting in CHAAAT and EVERY OPTION being denied starts.”

Mr J Kennett acknowledged he understood the rule and confirmed that the breach was admitted.

Rule 834(2)(a) provides as follows:

(2) (a) After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of which shall be given to the Stipendiary Steward in writing.

Mr Renault said at approximately 12.05 pm Mr R Bromley (racing manager) received a phone call from Mr J Kennett advising him that the horses BHAKTI and WESTAR SAM would not be attending the racemeeting. Mr Bromley passed this information on to Mr Renault after race 1. Mr Renault then rang Mr J Kennett who said that he and his father, co-trainer Craig Kennett, had a major disagreement. He said his father had decided not to go and he would be unable to produce the horses for their race. Mr Renault then rang the TAB at 12.25pm and scratched the two horses.

Mr J Kennett said he was put in a difficult position as they had four horses entered and ready to go, but now only had the means to transport two.

Submissions for Penalty:

Mr Renault said it was disappointing that Mr C Kennett didn’t care about his responsibility. He said a lot of people were affected, including the Club.

Mr Renault said this breach was very similar to one earlier today where a fine of $400 was imposed but in that case, it involved only one horse. He said he was unsure if the Penalty should be doubled for two horses.

He said Mr J Kennett deserved credit for his honesty and professional manner in handling a difficult situation.

He concluded that he would leave it to the Committee to fix an appropriate Penalty.

Mr J Kennett had no submissions on penalty but he acknowledged his responsibility and conveyed his apologies for the unfortunate situation.

Reasons for Penalty:

The JCA Guidelines for rule 834(2)(a) provides for a $400 fine as a starting point for penalty.

The Committee considered the aggravating factors arising from the situation are, the Owners missed their chance to race as did the drivers. The betting public, although reimbursed, missed their opportunity and the Methven Trotting Club was financially disadvantaged.
The Committee is not fully aware of the circumstances that led to the two horses not attending the meeting , but the failure by Messrs Kennett to present them to race was a wilful and unacceptable breach of the rule.

The Committee having regard for the above factors, considered a fine of $600 was an appropriate penalty in this case.

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: 2fa1d3fa95b217b6e3a9166d7a6ca364


informantnumber: A10870


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Late scratching


plea: admitted


penaltyrequired: 1


decisiondate: 16/10/2018


hearing_title: Methven TC 14 October 2018 - R 6 - Chair, Mr D Anderson


charge:


facts:

Information number No 10870 was filed by Stipendiary Steward, Mr S Renault, against Licensed Public Trainers Mr CLE and Mr JLE Kennett, alleging that as the trainers of BHAKTI and WESTAR SAM, acceptors for race 6, the JA & GD Trudgeon Mobile Pace, “they scratched their runners from this race without an acceptable reason resulting in CHAAAT and EVERY OPTION being denied starts.”

Mr J Kennett acknowledged he understood the rule and confirmed that the breach was admitted.

Rule 834(2)(a) provides as follows:

(2) (a) After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of which shall be given to the Stipendiary Steward in writing.

Mr Renault said at approximately 12.05 pm Mr R Bromley (racing manager) received a phone call from Mr J Kennett advising him that the horses BHAKTI and WESTAR SAM would not be attending the racemeeting. Mr Bromley passed this information on to Mr Renault after race 1. Mr Renault then rang Mr J Kennett who said that he and his father, co-trainer Craig Kennett, had a major disagreement. He said his father had decided not to go and he would be unable to produce the horses for their race. Mr Renault then rang the TAB at 12.25pm and scratched the two horses.

Mr J Kennett said he was put in a difficult position as they had four horses entered and ready to go, but now only had the means to transport two.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr J Kennett having admitted the breach; the charge was found proved.


sumissionsforpenalty:

Mr Renault said it was disappointing that Mr C Kennett didn’t care about his responsibility. He said a lot of people were affected, including the Club.

Mr Renault said this breach was very similar to one earlier today where a fine of $400 was imposed but in that case, it involved only one horse. He said he was unsure if the Penalty should be doubled for two horses.

He said Mr J Kennett deserved credit for his honesty and professional manner in handling a difficult situation.

He concluded that he would leave it to the Committee to fix an appropriate Penalty.

Mr J Kennett had no submissions on penalty but he acknowledged his responsibility and conveyed his apologies for the unfortunate situation.


reasonsforpenalty:

The JCA Guidelines for rule 834(2)(a) provides for a $400 fine as a starting point for penalty.

The Committee considered the aggravating factors arising from the situation are, the Owners missed their chance to race as did the drivers. The betting public, although reimbursed, missed their opportunity and the Methven Trotting Club was financially disadvantaged.
The Committee is not fully aware of the circumstances that led to the two horses not attending the meeting , but the failure by Messrs Kennett to present them to race was a wilful and unacceptable breach of the rule.

The Committee having regard for the above factors, considered a fine of $600 was an appropriate penalty in this case.


penalty:

Mr C and Mr J Kennett are fined the sum of $600.


hearing_type: Hearing


Rules: 834(2)(a)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr C and Mr J Kennett - Public Trainers


Otherperson: Mr R Quirk - Stipendiary Steward, Mrs C Tibbs - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 81d2c2867866aeae1b8ef75ed4286212


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9dde958f772fb498187fcd2a13a64179


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/10/2018


meet_title: Methven TC - 14 October 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: methven-tc


meet_racingtype: harness-racing


meet_chair: DAnderson


meet_pm1: RMcKenzie


meet_pm2: none


name: Methven TC