Archive Decision

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R Rotorua 20 October 2012 – R 10

ID: JCA12002

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Mr T Pike and Mr M Donoghue - Trainers of BEST COMMAND

Information Number:
A4852

Hearing Type:
Hearing

Rules:
534(1)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 20 October 2012

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2012/10/20

Race Number:
R10

Decision:

As Mr Pike admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a $250 fine.

Charge:

An information was filed pursuant to Rule 534(1). The informant, Mr Oatham, alleged that Mr Pike/ Donoghue failed to scratch BEST COMMAND in race 10 by the required time.

Facts:

Mr Oatham advised the committee Mr Pike omitted to scratch the horse BEST COMMAND by the required time, noting this was a clear oversight. The horse was officially scratched at 8.40am.

Co – trainer Mr Pike informed the committee that he was busy at the track in the morning and it was a complete oversight.

Submissions for Penalty:

Mr Oatham produced Mr Pike's record which showed he had a clear record under this rule. He referred to other recent penalties imposed under this rule - they ranged from $150 to $400 fines. He said Mr Pike had been completely up front with the Stewards and did not attempt to get a vet certificate to cover his error. He submitted a penalty in the range from $150 to $400 would be appropriate.

Mr Pike said it was unlikely to happen again and submitted a penalty at the low end would be appropriate.

Reasons for Penalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Pike's admission of the breach, his clear record and his honesty with Officials. However, this has to be balanced against the aggravating fact that a horse was denied a start due to Mr Pike's error. We referred to recent penalties under this rule and noted the JCA penalty guide recommended starting point is a $400 fine. After taking into account all of the above factors and placing emphasis on the mitigating factors we assess an appropriate penalty is a $250 fine.

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: 2fa1ae527b357e59133c609146f97fcd


informantnumber: A4852


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 04/10/2012


hearing_title: R Rotorua 20 October 2012 - R 10


charge:

An information was filed pursuant to Rule 534(1). The informant, Mr Oatham, alleged that Mr Pike/ Donoghue failed to scratch BEST COMMAND in race 10 by the required time.


facts:

Mr Oatham advised the committee Mr Pike omitted to scratch the horse BEST COMMAND by the required time, noting this was a clear oversight. The horse was officially scratched at 8.40am.

Co – trainer Mr Pike informed the committee that he was busy at the track in the morning and it was a complete oversight.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Pike admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Pike's record which showed he had a clear record under this rule. He referred to other recent penalties imposed under this rule - they ranged from $150 to $400 fines. He said Mr Pike had been completely up front with the Stewards and did not attempt to get a vet certificate to cover his error. He submitted a penalty in the range from $150 to $400 would be appropriate.

Mr Pike said it was unlikely to happen again and submitted a penalty at the low end would be appropriate.


reasonsforpenalty:

The committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Pike's admission of the breach, his clear record and his honesty with Officials. However, this has to be balanced against the aggravating fact that a horse was denied a start due to Mr Pike's error. We referred to recent penalties under this rule and noted the JCA penalty guide recommended starting point is a $400 fine. After taking into account all of the above factors and placing emphasis on the mitigating factors we assess an appropriate penalty is a $250 fine.


penalty:

Accordingly, we impose a $250 fine.


hearing_type: Hearing


Rules: 534(1)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Mr T Pike and Mr M Donoghue - Trainers of BEST COMMAND


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 9ef16b41d14932482014c4d4fb91323e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9a6f779138edb58de496f97d6fd0b221


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/10/2012


meet_title: Racing Rotorua - 20 October 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GTankard


meet_pm2: none


name: Racing Rotorua