NZ Metro TC 23 March 2018 – R 1 – Chair, Mr R McKenzie
ID: JCA12622
Meet Title:
NZ Metro TC - 23 March 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
ADooley
Meet Committee Member 2:
SChing
Race Date:
2018/03/23
Race Number:
R1
Decision:
Mr Mitchell having admitted the breach, the charge was found proved.
Penalty:
Mr Mitchell is fined the sum of $400.
Facts:
Information No. A10223 was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Public Trainer, Mr D L Mitchell, trainer of OHOKA CHOPPER, an acceptor for Race 1, “Garrards” Sires Stakes Series No. 35 (Heat 2), alleging that Mr Mitchell “failed to have OHOKA CHOPPER in its allocated stall by the prescribed time resulting in it being a late scratching under Rule 213 (1) (h)”.
Mr Mitchell had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he further indicated on that form that he did not wish to be present at the hearing.
Paragraph 15 of the Programming Conditions Regulation provides as follows:
(a) The trainer of any horse engaged in any race at a totalisator meeting shall ensure that such horse is available with an attendant in the official stabling complex (or in its allocated stall).
(i) at least one hour prior to the advertised starting time of the first race of the meeting where it is entered in that race or, if entered in a subsequent race, at least ninety minutes prior to the advertised starting time of the race.
(c) Failure to comply with the conditions outlined in this clause may result in the horse being deemed to be ineligible to start and may be scratched by the Stipendiary Stewards pursuant to Rule 213 (1) (h).
Rule 213 provides:
(1) A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds:
(h) that the horse is not eligible to enter or start in a race.
Mr Ydgren told the Committee that the official start time for Race 1 was 4.58pm. OHOKA CHOPPER, trained by Mr Mitchell, an acceptor for Race 1, was therefore required to be on course by 3.58pm in terms of the Regulation. At approximately 4.30pm, Racing Investigator, Mrs K R Williams, telephoned Mr Mitchell as the horse was not in its stall on course. Mr Mitchell told Mrs Williams that he was still in Rolleston (some 22 kilometres away), his explanation being that he had not realised the start time for Race 1.
Mrs Williams contacted the Stewards and informed them of the situation. OHOKA CHOPPER was declared a late scratching by the Stewards at 4.34pm, 24 minutes before the appointed start time for Race 1. There was no chance of the horse being on the course in time for the race, Mr Ydgren said.
Submissions for Penalty:
Mr Ydgren referred the Committee to two similar recent cases involving a breach of the same condition – McRae (December 2017) and Chilcott (August 2017). In each of those cases, the trainer was fined $400 by the Judicial Committee, Mr Ydgren said. He submitted that a fine consistent with the fines in those two cases was appropriate.
Reasons for Penalty:
The Committee noted Mr Ydgren’s submission. There is no starting point in the Penalty Guide for the breach. The Committee was aware of another breach of the condition, not referred to by Mr Ydgren, in which the person in charge of the horse was fined $400 – Ellis (February 2018). The Committee was satisfied that a fine of $400 was appropriate for this breach and, obviously, was in line with the three other penalties referred to. The fine takes into account that Mr Mitchell has admitted the breach and his record.
It is the strict obligation of a trainer to present his horse on course in terms of the Regulation and Mr Mitchell’s explanation to Mrs Williams did not amount to an excuse. There may be circumstances in which a trainer may have a good explanation but that is not the case here. The fine, which is not insignificant, is intended to encourage all trainers to comply with the strict requirements of the regulation.
JCA Decision Fields (raw)
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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: 40a2c76233e5fbddeec023f2a576847e
informantnumber: A10223
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Late Presenting on Course
plea: admitted
penaltyrequired: 1
decisiondate: 26/03/2018
hearing_title: NZ Metro TC 23 March 2018 - R 1 - Chair, Mr R McKenzie
charge:
facts:
Information No. A10223 was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Public Trainer, Mr D L Mitchell, trainer of OHOKA CHOPPER, an acceptor for Race 1, “Garrards” Sires Stakes Series No. 35 (Heat 2), alleging that Mr Mitchell “failed to have OHOKA CHOPPER in its allocated stall by the prescribed time resulting in it being a late scratching under Rule 213 (1) (h)”.
Mr Mitchell had signed the Statement by the Respondent on the information form indicating that he admitted the breach and he further indicated on that form that he did not wish to be present at the hearing.
Paragraph 15 of the Programming Conditions Regulation provides as follows:
(a) The trainer of any horse engaged in any race at a totalisator meeting shall ensure that such horse is available with an attendant in the official stabling complex (or in its allocated stall).
(i) at least one hour prior to the advertised starting time of the first race of the meeting where it is entered in that race or, if entered in a subsequent race, at least ninety minutes prior to the advertised starting time of the race.
(c) Failure to comply with the conditions outlined in this clause may result in the horse being deemed to be ineligible to start and may be scratched by the Stipendiary Stewards pursuant to Rule 213 (1) (h).
Rule 213 provides:
(1) A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds:
(h) that the horse is not eligible to enter or start in a race.
Mr Ydgren told the Committee that the official start time for Race 1 was 4.58pm. OHOKA CHOPPER, trained by Mr Mitchell, an acceptor for Race 1, was therefore required to be on course by 3.58pm in terms of the Regulation. At approximately 4.30pm, Racing Investigator, Mrs K R Williams, telephoned Mr Mitchell as the horse was not in its stall on course. Mr Mitchell told Mrs Williams that he was still in Rolleston (some 22 kilometres away), his explanation being that he had not realised the start time for Race 1.
Mrs Williams contacted the Stewards and informed them of the situation. OHOKA CHOPPER was declared a late scratching by the Stewards at 4.34pm, 24 minutes before the appointed start time for Race 1. There was no chance of the horse being on the course in time for the race, Mr Ydgren said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Mitchell having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred the Committee to two similar recent cases involving a breach of the same condition – McRae (December 2017) and Chilcott (August 2017). In each of those cases, the trainer was fined $400 by the Judicial Committee, Mr Ydgren said. He submitted that a fine consistent with the fines in those two cases was appropriate.
reasonsforpenalty:
The Committee noted Mr Ydgren’s submission. There is no starting point in the Penalty Guide for the breach. The Committee was aware of another breach of the condition, not referred to by Mr Ydgren, in which the person in charge of the horse was fined $400 – Ellis (February 2018). The Committee was satisfied that a fine of $400 was appropriate for this breach and, obviously, was in line with the three other penalties referred to. The fine takes into account that Mr Mitchell has admitted the breach and his record.
It is the strict obligation of a trainer to present his horse on course in terms of the Regulation and Mr Mitchell’s explanation to Mrs Williams did not amount to an excuse. There may be circumstances in which a trainer may have a good explanation but that is not the case here. The fine, which is not insignificant, is intended to encourage all trainers to comply with the strict requirements of the regulation.
penalty:
Mr Mitchell is fined the sum of $400.
hearing_type: Hearing
Rules: Programming Conditions Regulation & Rule 213(1)(h)
Informant: N M Ydgren Chief Stipendiary Steward
JockeysandTrainer: D L Mitchell, Licensed Public Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 8a270684d06926bb36da9e83fff572e8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e6b0015d34b863eb2575dfa7cd7517ac
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/03/2018
meet_title: NZ Metro TC - 23 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: ADooley
meet_pm2: SChing
name: NZ Metro TC