Archive Decision

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Otaki-Maori RC 10 April 2019 – R 8 – Chair, Mr T Utikere

ID: JCA12855

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Ms T Keegan (Trainer of CALECHE)

Information Number:
A9244

Hearing Type:
Hearing

New Charge:
Late Scratching of Horse

Rules:
Rule 534(1)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otaki-Maori RC - 10 April 2019

Meet Chair:
TUtikere

Race Date:
2019/04/10

Race Number:
R8

Decision:

As the charge was admitted, the Committee deem the charge proved.

Penalty:

Ms Keegan is fined $150.

Facts:

Prior to the running of Race 8 (Kapiti Signs 2200m), Information A9244 was filed with the Judicial Committee.

It alleged a breach of Rule 534(1), specifically that the respondent "failed to scratch CALECHE from Race 8 by the required time".

Ms Keegan confirmed that she understood the rule and admitted the breach.

Mr Balcombe said that he had spoken to Ms Keegan's husband who advised that he had called the Bureau the day prior, stating a preference for starting CALECHE in Race 6. He had therefore mistakenly assumed that the horse would have been scratched from Race 8 on the morning of the races. When CALECHE made the ballot for Race 6, the Bureau were unable to make contact with Ms Keegan. The horse was subsequently scratched from Race 6 when contact was made at 7.55am, past the 7.30am deadline. Mr Balcombe said that Ms Keegan had been upfront about the mistake.

Ms Keegan identified to the Committee that her husband had recently been involved in making nominations and jockey bookings and had admitted his mistake. He had thought that when he advised the Bureau that Sam Collett would ride Caleche in Race 6, there would be automatic consequences for its dual nomination, where clearly this was not the case.

Submissions for Penalty:

Mr Balcombe identified two recent breaches of the Rule: S Clotworthy; 2 March at Auckland - $250 fine and D Jensen; 17 March at Woodville - $150 fine. He also identified that Mr Clotworthy's fine related to Derby Day and sought a fine within the $150 to $250 range for the current breach. He also confirmed that no other runners had been denied a start due to the respondent's actions.

Ms Keegan had nothing further to add, except to say that her husband would learn from this mishap and that it would not happen again.

Reasons for Penalty:

There is a JCA Penalty Guide starting point of $200, for a breach that relates to the late scratching of a horse after the 7.30am deadline where no horse is denied a start. That circumstance applies with the curent breach, and I adopt that as the starting point. It is most fortunate that there were no horses on the ballot for Race 8, and I accept that the respondent's husband will have an improved process regarding future engagements with the bureau regarding any dual nominations. There are no aggravating features to warrant an uplift. In mitigation I apply Ms Keegan's admission of the breach and her record under the rule. A modest reduction must therefore follow.

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: 618f8b72e17934586477599a6b911865


informantnumber: A9244


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Late Scratching of Horse


plea: admitted


penaltyrequired: 1


decisiondate: 10/04/2019


hearing_title: Otaki-Maori RC 10 April 2019 - R 8 - Chair, Mr T Utikere


charge:


facts:

Prior to the running of Race 8 (Kapiti Signs 2200m), Information A9244 was filed with the Judicial Committee.

It alleged a breach of Rule 534(1), specifically that the respondent "failed to scratch CALECHE from Race 8 by the required time".

Ms Keegan confirmed that she understood the rule and admitted the breach.

Mr Balcombe said that he had spoken to Ms Keegan's husband who advised that he had called the Bureau the day prior, stating a preference for starting CALECHE in Race 6. He had therefore mistakenly assumed that the horse would have been scratched from Race 8 on the morning of the races. When CALECHE made the ballot for Race 6, the Bureau were unable to make contact with Ms Keegan. The horse was subsequently scratched from Race 6 when contact was made at 7.55am, past the 7.30am deadline. Mr Balcombe said that Ms Keegan had been upfront about the mistake.

Ms Keegan identified to the Committee that her husband had recently been involved in making nominations and jockey bookings and had admitted his mistake. He had thought that when he advised the Bureau that Sam Collett would ride Caleche in Race 6, there would be automatic consequences for its dual nomination, where clearly this was not the case.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the Committee deem the charge proved.


sumissionsforpenalty:

Mr Balcombe identified two recent breaches of the Rule: S Clotworthy; 2 March at Auckland - $250 fine and D Jensen; 17 March at Woodville - $150 fine. He also identified that Mr Clotworthy's fine related to Derby Day and sought a fine within the $150 to $250 range for the current breach. He also confirmed that no other runners had been denied a start due to the respondent's actions.

Ms Keegan had nothing further to add, except to say that her husband would learn from this mishap and that it would not happen again.


reasonsforpenalty:

There is a JCA Penalty Guide starting point of $200, for a breach that relates to the late scratching of a horse after the 7.30am deadline where no horse is denied a start. That circumstance applies with the curent breach, and I adopt that as the starting point. It is most fortunate that there were no horses on the ballot for Race 8, and I accept that the respondent's husband will have an improved process regarding future engagements with the bureau regarding any dual nominations. There are no aggravating features to warrant an uplift. In mitigation I apply Ms Keegan's admission of the breach and her record under the rule. A modest reduction must therefore follow.


penalty:

Ms Keegan is fined $150.


hearing_type: Hearing


Rules: Rule 534(1)


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Ms T Keegan (Trainer of CALECHE)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ea2df4127980fe0f3e4c3e23e0579ae1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


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meet_expapproval:


meet_noreport: 0


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meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/04/2019


meet_title: Otaki-Maori RC - 10 April 2019


meet_expappcomment:


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tracklocation: otaki-maori-rc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: none


meet_pm2: none


name: Otaki-Maori RC