NZ Metro TC – 1 September 2009 – Race 5
ID: JCA22234
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 1 September 2009
Race Date:
2009/09/01
Race Number:
Race 5
Decision:
This was an information laid by Ms Williams, stipendiary steward, alleging that Mr Cations, the trainer of ALMAZA failed to scratch that horse from Race 5 by the official re-entry time.
This was an information laid by Ms Williams, stipendiary steward, alleging that Mr Cations, the trainer of ALMAZA failed to scratch that horse from Race 5 by the official re-entry time. Mr Cations admitted the breach at a hearing held on 4 September at HRNZ premises. We thus find the charge proved.
--Ms Williams explained that Mr Cations scratched ALMAZA some 2 hours and 40 minutes after the required time. She recommended a fine of $200. She said she was aware that the Penalty Guide recommended a fine of $500 for a breach of this nature, but she accepted the fact that no horse was denied a start as a consequence of Mr Cations’ actions was a mitigating factor.
--Mr Cations explained that he had sold the horse on Standardbreds Online and he had emphasised to the purchaser that he had to have a confirmed sale by 5 pm. He did not get confirmation that the sale had been completed until 7.30 and said he had scratched the horse as soon as he could, as the new owner did not wish ALMAZA to start. When questioned by this Committee as to why he had not scratched the horse by the required time when he was aware there was uncertainty surrounding the sale, Mr Cations replied that he believed the horse was race fit and he wished to start the horse if he could.
--We accept that Mr Cations did take immediate action once he knew the horse was sold, but this was too late. The fact that no other horse was denied a start is an obvious mitigating factor. However, one purpose of Rule 834 is to ensure that those persons who wish to make investments on the race are aware as early as possible which horses will be competing. They were denied that opportunity in this instance. Mr Cations does not have a previous breach of this Rule. We are satisfied the $200 fine, as recommended by Ms Williams, will both hold Mr Cations accountable and act as a deterrent. Mr Cations is fined the sum of $200.
--G Hall N Moffatt
CHAIR Committee Member
67938
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: a189e1627e0c8567cee0e5d7360f8c2a
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 01/09/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 1 September 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
This was an information laid by Ms Williams, stipendiary steward, alleging that Mr Cations, the trainer of ALMAZA failed to scratch that horse from Race 5 by the official re-entry time.
This was an information laid by Ms Williams, stipendiary steward, alleging that Mr Cations, the trainer of ALMAZA failed to scratch that horse from Race 5 by the official re-entry time. Mr Cations admitted the breach at a hearing held on 4 September at HRNZ premises. We thus find the charge proved.
--Ms Williams explained that Mr Cations scratched ALMAZA some 2 hours and 40 minutes after the required time. She recommended a fine of $200. She said she was aware that the Penalty Guide recommended a fine of $500 for a breach of this nature, but she accepted the fact that no horse was denied a start as a consequence of Mr Cations’ actions was a mitigating factor.
--Mr Cations explained that he had sold the horse on Standardbreds Online and he had emphasised to the purchaser that he had to have a confirmed sale by 5 pm. He did not get confirmation that the sale had been completed until 7.30 and said he had scratched the horse as soon as he could, as the new owner did not wish ALMAZA to start. When questioned by this Committee as to why he had not scratched the horse by the required time when he was aware there was uncertainty surrounding the sale, Mr Cations replied that he believed the horse was race fit and he wished to start the horse if he could.
--We accept that Mr Cations did take immediate action once he knew the horse was sold, but this was too late. The fact that no other horse was denied a start is an obvious mitigating factor. However, one purpose of Rule 834 is to ensure that those persons who wish to make investments on the race are aware as early as possible which horses will be competing. They were denied that opportunity in this instance. Mr Cations does not have a previous breach of this Rule. We are satisfied the $200 fine, as recommended by Ms Williams, will both hold Mr Cations accountable and act as a deterrent. Mr Cations is fined the sum of $200.
--G Hall N Moffatt
CHAIR Committee Member
67938
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules:
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d865cf1afab90a79927379de48ed803d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1ef9e123ce1914127f08f45ab718dc2c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/09/2009
meet_title: NZ Metro TC - 1 September 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC