R Tauranga 20 May 2013 – R 9
ID: JCA10442
Code:
Thoroughbred
Meet Title:
Racing Tauranga - 20 May 2013
Meet Chair:
ADooley
Race Date:
2013/05/20
Race Number:
R9
Decision:
As Mr Ormsby admitted the breach we find the charge proved.
Penalty:
Accordingly, I impose a $200 fine.
Charge:
An information was filed pursuant to Rule 534(1) in relation to race 9, Race Images For Winning Memories 1600. The Informant, Mr Oatham, alleged that Mr Ormsby failed to scratch IMAGINE by the required scratching deadline.
Mr Ormsby acknowledged that he understood the nature of the charge and the Rule.
Rule 534(1) states: At any time from the withdrawal deadline to 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, a person intending to scratch a horse from a race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a race meeting but does not specify a particular race at that race meeting, such notice shall be deemed to apply to all races for which the horse has been accepted or deemed to have been accepted at that race meeting.
Facts:
Mr Oatham informed the Committee that Mr Ormsby rang him at 11.03am to advise him he failed to scratch Imagine by the required time.
Mr Ormsby conceded that he forgot that Imagine was accepted for today's race meeting because she raced on Saturday. He freely admitted this was an error on his part.
Submissions for Penalty:
Mr Oatham submitted Mr Ormsby had a clear record under this Rule. He said Imagine's late scratching did not cost another horse from gaining a start. He said Mr Ormsby had readily admitted this breach occurred through human error and he recommended Mr Ormsby improve his systems to avoid a reoccurrence. He referred to similar penalties which attracted fines of $200 and submitted this is an appropriate penalty.
Mr Ormsby submitted he accepted Mr Oatham's recommendations and had nothing to add.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Ormsby's admission of the breach and his clear record. The aggravating fact is Mr Ormsby failed to scratch by the required time. He was fortunate this error did not deny another horse a start.
After taking into account all the above factors I independently assess an appropriate penalty is a $200 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: 005e4500209a06cfd083446be9cfcceb
informantnumber: A4262
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 07/05/2013
hearing_title: R Tauranga 20 May 2013 - R 9
charge:
An information was filed pursuant to Rule 534(1) in relation to race 9, Race Images For Winning Memories 1600. The Informant, Mr Oatham, alleged that Mr Ormsby failed to scratch IMAGINE by the required scratching deadline.
Mr Ormsby acknowledged that he understood the nature of the charge and the Rule.
Rule 534(1) states: At any time from the withdrawal deadline to 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, a person intending to scratch a horse from a race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a race meeting but does not specify a particular race at that race meeting, such notice shall be deemed to apply to all races for which the horse has been accepted or deemed to have been accepted at that race meeting.
facts:
Mr Oatham informed the Committee that Mr Ormsby rang him at 11.03am to advise him he failed to scratch Imagine by the required time.
Mr Ormsby conceded that he forgot that Imagine was accepted for today's race meeting because she raced on Saturday. He freely admitted this was an error on his part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ormsby admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Oatham submitted Mr Ormsby had a clear record under this Rule. He said Imagine's late scratching did not cost another horse from gaining a start. He said Mr Ormsby had readily admitted this breach occurred through human error and he recommended Mr Ormsby improve his systems to avoid a reoccurrence. He referred to similar penalties which attracted fines of $200 and submitted this is an appropriate penalty.
Mr Ormsby submitted he accepted Mr Oatham's recommendations and had nothing to add.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Ormsby's admission of the breach and his clear record. The aggravating fact is Mr Ormsby failed to scratch by the required time. He was fortunate this error did not deny another horse a start.
After taking into account all the above factors I independently assess an appropriate penalty is a $200 fine.
penalty:
Accordingly, I impose a $200 fine.
hearing_type: Hearing
Rules: 534(1)
Informant: Mr J Oatham - Stipendiary Steward
JockeysandTrainer: Mr C Ormsby - Trainer of IMAGINE
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9df69f75e4775d7d4bab040e6a805629
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: 102bc12aefb371c761d6cd1b3e40765f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/05/2013
meet_title: Racing Tauranga - 20 May 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-tauranga
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Tauranga