Non-Raceday Inquiry – SJ Stockman

hearingid: affc3d7b15caa364ad02bd6e3cdc9233

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non-Raceday Inquiry - SJ Stockman

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Mr S J Stockman has been charged with a breach of Rules 821(1), 1002(1) and 1002(2) of the Rules of Harness Racing in relation to the running of Rhythmic Rose in the Nevele R Caduceus Club Fillies Classic at the Auckland Trotting Club meeting on 9 June 2006.

BETWEEN HARNESS RACING NEW ZEALAND

Informant

AND

STEPHEN JOHN STOCKMAN

Defendant

Judicial Committee:

Mr NO Harris (Chairman)

Mr R Neal

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DECISION

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Mr S J Stockman has been charged with a breach of Rules 821(1), 1002(1) and 1002(2) of the Rules of Harness Racing in relation to the running of Rhythmic Rose in the Nevele R Caduceus Club Fillies Classic at the Auckland Trotting Club meeting on 9 June 2006.

The essence of the case for the informant was that Rhythmic Rose was never nominated as a foal for the Caduceus Club Classic (Series 8) and was therefore ineligible to be entered in the two year old event, the Nevele R Caduceus Club Fillies Classic, on 9 June 2006.

In addition to the charge against Mr Stockman the informant seeks the disqualification of Rhythmic Rose from the race.

Mr Stockman at a meeting with the Chief Racecourse Inspector, Mr R Carmichael, acknowledged the charge and assertions of the informant and agreed that this matter could be dealt with on the papers by this Committee.

Specifically the Committee is advised that Mr Stockman accepts that Rhythmic Rose was never nominated for the Caduceus Club Classic (Series 8). Rhythmic Rose was one of two runners which raced in the Nevele R Caduceus Club Classic when allegedly ineligible and under circumstances which prompted an investigation by Harness Racing New Zealand. Mr Carmichael's review of these matters was made available to the Committee to assist its consideration of the charges against Mr Stockman.

Rhythmic Rose was entered for and duly raced in the Caduceus Club Classic (Series 8), a race for two year old fillies, at Alexander Park on 9 June 2006. Rhythmic Rose finished fifth and earned a stake of $2,976.70. She was entered for the race by her trainer, Mr B Purdon, on behalf of the lessees Stonewall Stud Ltd and Stonewall Stud No.1 Syndicate.

Towards the end of June 2006 the Auckland Trotting Club became aware that Rhythmic Rose had never been nominated for the Caduceus Club Fillies Series No. 8 by the lessor Stonewall Stud.

The Caduceus Club is an unincorporated club which through a trust, The Caduceus Club Series Club Series Trust, has promoted and administered The Caduceus Club Fillies Series for two and three year old fillies since 1998. Trustees are elected by the members of the Caduceus Club with the Auckland Trotting Club entitled to appoint additional trustees. Through an agreement in May 2004 between the Auckland Trotting Club and the Caduceus Club the Caduceus Club Series Trust Board was to administer the nominations and subsequent sustaining payments for Series No. 8. A schedule of horses eligible for each race was to be provided to the Auckland Trotting Club within 7 days after each enrolment, nomination or sustaining payment date. The Auckland Trotting Club in turn agreed to host the race.

In fact it appears that notwithstanding this quite specific statement as to the parties' responsibilities the Auckland Trotting Club administered the collection of the two sustaining payments to be made no later than 31 July 2005 ($112.50) and 31 December 2005 ($56.25).

On 10 May 2006 the Auckland Trotting Club faxed a list of all fillies for whom a foal nomination and sustaining payments had been made to trainers in the northern region. The list did not include Rhythmic Rose. But Mr Purdon seemingly oblivious to this fact nominated Rhythmic Rose for the Nevele R Caduceus Club Classic on 5 June 2006.

It is accepted by all parties that Messrs Purdon and Stockman acted with an honest belief that Rhythmic Rose had been nominated for the Caduceus Club Classic (Series 8).

It is acknowledged that the Auckland Trotting Club did not check the nominations for the race against the list of fillies faxed to trainers on 10 May 2006. No further checks appear to have been conducted so that the opportunity to rectify the ineligible status before the actual race by intervention from the Club, the Judicial Committee on the day or the Stipendiary Stewards was lost.

Rule 821(1) states

"No horse shall be eligible to run in any race unless it has been duly entered therefore in accordance with these Rules by the person entitled to enter it, and no horse prohibited by these Rules form being entered for any race shall be entered."

The language is inelegant particularly in relation to the specific issues before this Committee. A clearer expression is to be found in rule 1001 (c) which does however require the informant to establish the additional element of wilful intent to enter an ineligible horse in a race.

On the information before this Committee and faced with the acceptance of Rhythmic Rose's ineligibility for the race by the connections we find that Rhythmic Rose was entered for the Nevele R Caduceus Club Fillies Classic on 9 June 2006 when the horse had never been nominated for the Caduceus Club Classic (Series 8) and was therefore ineligible for that particular race. Although there has been a degree of inattention on the part of the connections and the trainer we nevertheless consider the administrative shortcomings of the Auckland Trotting Club in relation to the race are of such order that we impose no penalty in relation to Mr Stockman's actions.

In the normal course of events an ineligible horse would not be expected to be accepted for or permitted to start in a race. In this case, the horse having contested the race, we consider that same restriction should be applied in the form of disqualification under rule 1003(2) of Rhythmic Rose from the Nevele R Caduceus Club Classic raced at Alexandra Park on 9 June 2006 and we direct the disqualification to be imposed accordingly.

Dated this 9^th day of January 2007

Neville Harris

Chairman

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Rules: 821.1, 1001.c, 1003.2

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