Archive Decision

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Roxburgh TC 4 January 2016 – R 1 – Chair, Prof G Hall

ID: JCA12389

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr D Paterson - Licensed Trainer

Information Number:
A3638

Hearing Type:
Hearing

New Charge:
Unathorised scratching of horse

Rules:
834(2)(a)

Plea:
admitted

Meet Title:
Roxburgh TC - 4 January 2016

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2016/01/04

Race Number:
R 1

Decision:

As the respondent has admitted the breach, it is found to be proved.

Penalty:

In these circumstances we fine Mr Paterson the sum of $250, $50 of which is to be paid to the connections of ALEXY. Mr Paterson is reminded of the need to fully acquaint himself with the Rules of Harness Racing.

Facts:

Mr Renault alleged that Mr Paterson withdrew HANDLEBAR HANK from Race One, the BISHOPDALE ETC AMATEUR DRIVERS MOBILE PACE, after the right of re-entry time, which denied ALEXY a start.

Rule 834(2)(a) provides:

After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of which shall be given to the Stipendiary Steward in writing.

Mr Renault explained that HANDLEBAR HANK was withdrawn after the right of re-entry time, and ALEXY, which was the 1st emergency, had been scratched. He said while ALEXY had a start in race 12, it was the intention of its trainer, Mr Negus, to start the horse twice on the day.

Mr Paterson stated by telephone that he was in his first year as a licensed trainer and it was the first time he had had experience with a scratching due to veterinary issues. He was not aware of the relevant protocol and had anticipated incorrectly that it would be done through the veterinarian and the Stipendiary Steward. He said his omission was not intentional and it was only when talking to an experienced trainer that he realised he had to take action himself. He had then done so immediately.

Submissions for Penalty:

Mr Renault produced the respondent’s record, which was clear under this rule. He accepted it was an error of judgment on the part of Mr Paterson. He identified the starting point in the Penalty Guide as being $400 and recommended a fine of $350, with small portion being paid to the connections of the horse.

Mr Paterson said he tried to support the amateur races whenever he could and this was an oversight on his part due to his ignorance of the relevant protocol.

Reasons for Penalty:

We take a starting point of $400 and note that in 2 recent cases fines of $350 were imposed and, in another, a very experienced training partnership was fined $250.

Mr Paterson is an inexperienced trainer and is very remorseful. He has said he will learn from this experience. ALEXY has lost the opportunity to race, but fortunately the horse was a dual acceptor and has thus obtained a run on the day.

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: 572d2e4a226981197f0eaecb019a4b3e


informantnumber: A3638


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Unathorised scratching of horse


plea: admitted


penaltyrequired: 1


decisiondate: 05/01/2016


hearing_title: Roxburgh TC 4 January 2016 - R 1 - Chair, Prof G Hall


charge:


facts:

Mr Renault alleged that Mr Paterson withdrew HANDLEBAR HANK from Race One, the BISHOPDALE ETC AMATEUR DRIVERS MOBILE PACE, after the right of re-entry time, which denied ALEXY a start.

Rule 834(2)(a) provides:

After the official right of re-entry time no person shall scratch a horse from a race unless there are sufficient circumstances which warrant the horse being scratched full details of which shall be given to the Stipendiary Steward in writing.

Mr Renault explained that HANDLEBAR HANK was withdrawn after the right of re-entry time, and ALEXY, which was the 1st emergency, had been scratched. He said while ALEXY had a start in race 12, it was the intention of its trainer, Mr Negus, to start the horse twice on the day.

Mr Paterson stated by telephone that he was in his first year as a licensed trainer and it was the first time he had had experience with a scratching due to veterinary issues. He was not aware of the relevant protocol and had anticipated incorrectly that it would be done through the veterinarian and the Stipendiary Steward. He said his omission was not intentional and it was only when talking to an experienced trainer that he realised he had to take action himself. He had then done so immediately.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the respondent has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Renault produced the respondent’s record, which was clear under this rule. He accepted it was an error of judgment on the part of Mr Paterson. He identified the starting point in the Penalty Guide as being $400 and recommended a fine of $350, with small portion being paid to the connections of the horse.

Mr Paterson said he tried to support the amateur races whenever he could and this was an oversight on his part due to his ignorance of the relevant protocol.


reasonsforpenalty:

We take a starting point of $400 and note that in 2 recent cases fines of $350 were imposed and, in another, a very experienced training partnership was fined $250.

Mr Paterson is an inexperienced trainer and is very remorseful. He has said he will learn from this experience. ALEXY has lost the opportunity to race, but fortunately the horse was a dual acceptor and has thus obtained a run on the day.


penalty:

In these circumstances we fine Mr Paterson the sum of $250, $50 of which is to be paid to the connections of ALEXY. Mr Paterson is reminded of the need to fully acquaint himself with the Rules of Harness Racing.


hearing_type: Hearing


Rules: 834(2)(a)


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr D Paterson - Licensed Trainer


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 03415c61f65b8236505462a76b97652a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8e5f1b306ade4ae9e0d916a0c75c2a18


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/01/2016


meet_title: Roxburgh TC - 4 January 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: roxburgh-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Roxburgh TC