R Rotorua 27 December 2018 – R 2 – Chair, Mr A Dooley
ID: JCA15835
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 27 December 2018
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2018/12/27
Race Number:
R2
Decision:
As Mr Faber admitted the breach the Committee found the charge proved.
Penalty:
Mr Faber was fined $300.
Facts:
Following the running of race 2, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 614(2). The Informant, Mr Jones, alleged that Mr Faber presented two of Mr S McKee’s stable runners being SPINDLE number 5 and O’PRINCESS number 8 with incorrect saddles.
Mr Faber acknowledged that he understood the Rule and confirmed he admitted the breach.
Rule 614(2) provides: A person must not be neglectful or careless in saddling a horse.
Mr Jones told the Committee that Mr Faber is Mr McKee’s Stable Foreman and he was in charge of the horses today. He said that Mr Robinson, Stipendiary Steward, identified at the plate inspection that SPINDLE did not have a lead bag as recorded by the Clerk of the Scales. As a result of the Stewards' investigation it was found that the wrong saddles had been placed on SPINDLE and O’PRINCESS. Once the error had been identified the respective horses were resaddled in the birdcage.
In conclusion Mr Jones said that Mr Faber was lucky the error was identified because there was a 2kg weight variance between SPINDLE and O’PRINCESS’s carded weights.
Mr Faber stated that he completely made a mistake and accepted he was neglectful in saddling.
Submissions for Penalty:
Mr Jones said that to Mr Faber’s credit he admitted the breach. He said that Mr Faber had omitted a towel in 2010 and incurred a $1,000 fine when his horse was disqualified from 1st place. He recognised that breach occurred a number of years ago.
Mr Oatham advised the Committee that the closest parallel to this particular breach was back in December 2010 when the Trainer was fined $300.
Mr Jones submitted that a fine in line with that would be an appropriate penalty.
Mr Faber said that he acts in a professional manner and he deserves the penalty that the Committee imposes.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide for neglect in saddling does not cover a Ttainer saddling a horse with the wrong saddles.
It was fortunate the error was identified at the plate inspection by Mr Robinson and we note that SPINDLE finished in 4th place and O’PRINCESS finished in 5th place.
Mr Faber was afforded a small discount for his admission of the breach and his clear record in recent years.
That this type of breach is very rare and the closest similar breach to today’s case resulted in a $300 fine.
After taking into account all of the above factors the Committee considered that a $300 fine would be an appropriate penalty.
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: d9699d31e56e69d82b0ac5b60014ab73
informantnumber: A09666
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Neglectful in saddling
plea: admitted
penaltyrequired: 1
decisiondate: 28/12/2018
hearing_title: R Rotorua 27 December 2018 - R 2 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 2, NZB Insurance Pearl Series Race, an Information was filed pursuant to Rule 614(2). The Informant, Mr Jones, alleged that Mr Faber presented two of Mr S McKee’s stable runners being SPINDLE number 5 and O’PRINCESS number 8 with incorrect saddles.
Mr Faber acknowledged that he understood the Rule and confirmed he admitted the breach.
Rule 614(2) provides: A person must not be neglectful or careless in saddling a horse.
Mr Jones told the Committee that Mr Faber is Mr McKee’s Stable Foreman and he was in charge of the horses today. He said that Mr Robinson, Stipendiary Steward, identified at the plate inspection that SPINDLE did not have a lead bag as recorded by the Clerk of the Scales. As a result of the Stewards' investigation it was found that the wrong saddles had been placed on SPINDLE and O’PRINCESS. Once the error had been identified the respective horses were resaddled in the birdcage.
In conclusion Mr Jones said that Mr Faber was lucky the error was identified because there was a 2kg weight variance between SPINDLE and O’PRINCESS’s carded weights.
Mr Faber stated that he completely made a mistake and accepted he was neglectful in saddling.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Faber admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Jones said that to Mr Faber’s credit he admitted the breach. He said that Mr Faber had omitted a towel in 2010 and incurred a $1,000 fine when his horse was disqualified from 1st place. He recognised that breach occurred a number of years ago.
Mr Oatham advised the Committee that the closest parallel to this particular breach was back in December 2010 when the Trainer was fined $300.
Mr Jones submitted that a fine in line with that would be an appropriate penalty.
Mr Faber said that he acts in a professional manner and he deserves the penalty that the Committee imposes.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide for neglect in saddling does not cover a Ttainer saddling a horse with the wrong saddles.
It was fortunate the error was identified at the plate inspection by Mr Robinson and we note that SPINDLE finished in 4th place and O’PRINCESS finished in 5th place.
Mr Faber was afforded a small discount for his admission of the breach and his clear record in recent years.
That this type of breach is very rare and the closest similar breach to today’s case resulted in a $300 fine.
After taking into account all of the above factors the Committee considered that a $300 fine would be an appropriate penalty.
penalty:
Mr Faber was fined $300.
hearing_type: Hearing
Rules: 614(2)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Mr M Faber - Class B Trainer
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 392282a605c1fe4d587aa5888d8fef71
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a2426e68ba1ee5a2cfcddca38a8fe9ca
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/12/2018
meet_title: Racing Rotorua - 27 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Racing Rotorua