Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

R Matamata 22 Wednesday 2010 – R 9

ID: JCA16127

Applicant:
Mr J Oatham

Respondent(s):
Mr P Jenkins

Information Number:
382

Hearing Type:
Hearing

Rules:
534 (2) (a) (b)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Racing Matamata - 22 December 2010

Meet Chair:
RSeabrook

Meet Committee Member 1:
AGodsalve

Race Date:
2010/12/22

Race Number:
R9

Decision:

The committee is clearly of the view that Mr Jenkins did not have a valid reason to scratch his horse and accordingly we find the charge proved.

Penalty:

Accordingly after taking all the above into account we impose a fine of $350.

Charge:

Late scratching.

Facts:

Prior to race 9 an information was filed by the informant Mr J Oatham under the provision of rule 534 (1).  This came in the form of a request to scratch the horse ELUSIVE CHICK from race 9.  The committee was given brief details surrounding the issue and duly agreed to the scratching of that horse from race 9.

Mr Oatham explained to the committee that prior to race 9 he was advised by Mr P Jenkins, trainer of ELUSIVE CHICK, that he wanted to scratch the horse.  He said this was because the owner of the horse, Mr R Craddock, was denied access to the saddling enclosure.  Mr Oatham said the only people allowed access to this area were those licensed to do so.  He explained this policy was a directive from NZTR and was brought in for obvious safety reasons.  Mr Oatham said he asked Mr Jenkins if he would reconsider his request as the stewards believed he did not have a valid reason to scratch and he would be charged if he did so.  This was turned down by Mr Jenkins and he asked for the horse to be scratched.

Submissions for Decision:

Mr Jenkins told the hearing he was acting as the owner's agent but was fully supportive of his decision.  He said the issue of owners being denied access to the saddling enclosure was something that needed to be addressed as he had several owners also voicing their displeasure at the policy. 

Reasons for Decision:

The committee has considered the evidence as presented.  While the committee has some sympathy with owners being denied access to their horses the policy was in the interest of safety and was accepted by the majority of industry participants.

Submissions for Penalty:

Before submitting a suggested penalty Mr Oatham explained this directive had been in place for some time and this was not the first time it had been in place in Matamata.  He said there were several safety reasons why the policy was introduced and it followed on from a recent fatality and injuries suffered in saddling enclosures.  He submitted a fine of $300 - $500 would be appropriate.

Mr Jenkins said the policy was ridiculous and it would finish him with racing in New Zealand. 

Reasons for Penalty:

The committee considered these submissions as presented.  Mr Jenkins was told that it was unfortunate he had chosen to scratch his horse to show his disapproval of the policy.  This had cost the industry unnecessary expense and there were other means he could have used to voice his objection to this issue.

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: c04a014852d78f5972651711f0f4deda


informantnumber: 382


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 09/12/2010


hearing_title: R Matamata 22 Wednesday 2010 - R 9


charge:

Late scratching.


facts:

Prior to race 9 an information was filed by the informant Mr J Oatham under the provision of rule 534 (1).  This came in the form of a request to scratch the horse ELUSIVE CHICK from race 9.  The committee was given brief details surrounding the issue and duly agreed to the scratching of that horse from race 9.

Mr Oatham explained to the committee that prior to race 9 he was advised by Mr P Jenkins, trainer of ELUSIVE CHICK, that he wanted to scratch the horse.  He said this was because the owner of the horse, Mr R Craddock, was denied access to the saddling enclosure.  Mr Oatham said the only people allowed access to this area were those licensed to do so.  He explained this policy was a directive from NZTR and was brought in for obvious safety reasons.  Mr Oatham said he asked Mr Jenkins if he would reconsider his request as the stewards believed he did not have a valid reason to scratch and he would be charged if he did so.  This was turned down by Mr Jenkins and he asked for the horse to be scratched.


appealdecision:


isappeal:


submissionsfordecision:

Mr Jenkins told the hearing he was acting as the owner's agent but was fully supportive of his decision.  He said the issue of owners being denied access to the saddling enclosure was something that needed to be addressed as he had several owners also voicing their displeasure at the policy. 


reasonsfordecision:

The committee has considered the evidence as presented.  While the committee has some sympathy with owners being denied access to their horses the policy was in the interest of safety and was accepted by the majority of industry participants.


Decision:

The committee is clearly of the view that Mr Jenkins did not have a valid reason to scratch his horse and accordingly we find the charge proved.


sumissionsforpenalty:

Before submitting a suggested penalty Mr Oatham explained this directive had been in place for some time and this was not the first time it had been in place in Matamata.  He said there were several safety reasons why the policy was introduced and it followed on from a recent fatality and injuries suffered in saddling enclosures.  He submitted a fine of $300 - $500 would be appropriate.

Mr Jenkins said the policy was ridiculous and it would finish him with racing in New Zealand. 


reasonsforpenalty:

The committee considered these submissions as presented.  Mr Jenkins was told that it was unfortunate he had chosen to scratch his horse to show his disapproval of the policy.  This had cost the industry unnecessary expense and there were other means he could have used to voice his objection to this issue.


penalty:

Accordingly after taking all the above into account we impose a fine of $350.


hearing_type: Hearing


Rules: 534 (2) (a) (b)


Informant: Mr J Oatham


JockeysandTrainer: Mr P Jenkins


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a77cf60da67f445a4dcf6d2ecfe8cd4f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2e4fdc9c895eb3f74b0cc699429c13a2


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/12/2010


meet_title: Racing Matamata - 22 December 2010


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "60", "Total": "37.2", "kmprice": 37.200000000000003, "Approved": "on"}]


meet_otherexp:


tracklocation: racing-matamata


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: AGodsalve


meet_pm2: none


name: Racing Matamata