Otago RC 26 December 2010 – R 8 (heard 15 January 2011 at Greymouth

hearingid: 47100d0c9892a96604a8124cb3200312

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hearing_racingtype: thoroughbred-racing

startdate: 26/12/2010

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hearing_title: Otago RC 26 December 2010 - R 8 (heard 15 January 2011 at Greymouth

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: M Davidson, Stipendiary Steward
Defendant: P Harris – Licensed Trainer
Information No: 559
Meeting: Otago Racing Club (heard Greymouth on 15 January 2011)
Date: 26 December 2010
Venue: Wingatui
Race: 8
Rule No: 534(2)(a)
Judicial Committee: KG Hales, Chairman – J Phelan, Committee Member
Plea: Admitted

FACTS:
As a result of Mr P Harris, Licensed Trainer, failing to notify the Racing Bureau of his intention to scratch the horse “Lido Shuffle” from Race 8 at the Otago Racing Club’s meeting on 26 December 2010, Mr Harris was charged with a breach of Rule 534(2)(a) of the Rules of Racing.

Rule 534(2)(a) reads as follows:

“If, after the scratching deadline (as specified for the relevant race meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant race day, an owner or lessee (as the case may be) or his agent or its racing manager, wishes to scratch a horse from a race, he must (whether by production of a veterinary certificate acceptable to the Stipendiary Steward or otherwise), attempt to satisfy the Stipendiary Steward that there are circumstances which warrant the horse being scratched and that he is therefore entitled to scratch it after that time. If the Stipendiary Steward is so satisfied, the Stipendiary Steward may authorise the owner or lessee (as the case may be) or his agent or its racing manager, to scratch the horse.”

The deadline for scratchings at the meeting was 7.30am on 26 December 2010.

There was no record of the scratching having been made prior to 7.30am on 26 December 2010. Furthermore, Mr Harris was unable to produce a veterinary certificate or other reason, acceptable to Stipendiary Stewards.

Mr Harris told the hearing that he telephoned the Racing Bureau at 8am and said that he had scratched the horse “Lido Shuffle”. It seems that there was no record of Mr Harris having advised the Racing Bureau.

Mr Harris told the hearing that he had always intended to scratch the horse and that he had made that decision two days prior to the hearing. He had telephoned Mr J McLaughlin, Stipendiary Steward, to advise him of that fact and had also advised his jockey, Ms Jillian Morris, of his intentions.

Mr Harris thought he had spoken to “Tim” of the Racing Bureau but then said that on thinking carefully about it, he felt that he may not have made the call, and accordingly, pleaded guilty to the charge.

Prior to the hearing, Mr Harris had advised the Stipendiary Stewards that he wished to listen to recordings held by the Racing Bureau to see whether or not he had, in fact, made a telephone call. However, Mr Harris elected not to require the production of the recordings and this Committee is grateful to Mr Harris for that, as quite clearly, some considerable inconvenience may have been incurred in order to provide that information.

PENALTY SUBMISSION(s):
Mr David advised the hearing that Mr Harris had been charged with a similar offence on one occasion, approximately five years ago, but submitted that that should not be regarded as an aggravating feature in terms of imposing penalty.

Mr Davidson advised the hearing that on 30 January at the Kurow meeting, that “Trainer K” had pleaded guilty to a similar charge. The fact situation was also similar. The judicial panel on that day imposed a fine of $200 on “Trainer K”.

The aggravating feature in this case and also in the case of “Trainer K” was that a “balloted out” runner was deprived of a start.

PENALTY DECISION:
We delivered the following penalty decision at the hearing on 15 January.

Mr Harris has pleaded guilty to a charge pursuant to Rule 534(2)(a) of the Rules of Racing, which charge arose from Mr Harris failing to notify the Racing Bureau of his intention to scratch “Lido Shuffle” prior to the relevant scratching time of 7.30am on 26 December 2010.

As a consequence, a balloted horse missed out on a run.

By way of explanation, Mr Harris advised that he intended to scratch the horse two days prior to the meeting. He advised Mr J McLaughlin, Stipendiary Steward, of his intention as well as his jockey, Ms J Morris.

He accepted, however, that he did not notify the Racing Bureau, and hence he has pleaded guilty.

This matter can be dealt with by way of a fine. Mr Davidson told the hearing that “Trainer K” was fined $200 for a similar offence only four days after this matter.

Mr Harris had no submissions to make on penalty.

In the interests of consistency, it is appropriate to impose the same level of penalty as was imposed in the case of “Trainer K”.

Mr Harris is fined $200.

KG Hales     J Phelan
Chairman     Committee Member

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hearing_type: Old Hearing

Rules: 534(2)(a)

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