South Canterbury RC – 14 June 2009 – Race 7, Race 9
ID: JCA18433
Hearing Type (Code):
thoroughbred-racing
Decision:
Ms K King, Licensed Trainer, was charged pursuant to Rule 508(2)(5) of the Rules of Racing in that she failed to declare riders for “No Way” and “High Seas” in Race 7, and “The Guttersnipe” in Race 9 by the required time.
--
Ms K King, Licensed Trainer, was charged pursuant to Rule 508(2)(5) of the Rules of Racing in that she failed to declare riders for “No Way” and “High Seas” in Race 7, and “The Guttersnipe” in Race 9 by the required time.
--The Club required riders to be declared by 10 am on Thursday 11 June 2009. Ms King was contacted by the Bureau at 11.35 am on Thursday 11 June 2009. Mr Davidson advised the hearing that Ms King said she held off declaring her riders because she was having difficulty booking a rider for one of her horses.
--Rule 508(2) (and I will paraphrase this) reads:
--“It shall be the duty of the trainer of any horse ……………to declare to the Club ……………the name of the rider………….”
--It is noted that the Rule is expressed in the singular. The question for consideration is whether the failure to declare riders within the specified time, when there is more than one horse involved, constitutes one offence or multiple offences, thereby attracting higher penalties. Another question for consideration is “do the Rules of Racing import the plural, when matters are expressed in the singular?” We do not know the answer to that particular question, and this is not an appropriate forum to endeavour to resolve that particular point.
--In this case, only one information has been laid. All three jockeys were declared at the same time. It is a regulatory offence, and the racing public was not inconvenienced. Had there been a “piecemeal” approach in terms of the declarations, then the situation might be different. Ms King is a first offender for the last racing season. Ms King has elected not to be present at this hearing. From that we draw an inference that she is of the reasonable expectation that the standard penalty of $50 only will be imposed. We can probably infer that if she thought she was going to be fined more than $50 then she would have elected to be present.
--Mr Richardson submitted that a fine of $50 only should be imposed, as he advised that there has been a directive from New Zealand Thoroughbred Racing for only one penalty to be imposed, notwithstanding the number of horses involved.
--We note that there seems to have been, in the past few months, fines imposed of more than $50. Licensed Trainer “K” was fined $150 at the Otago Racing Club’s meeting on 7 March 2009 when there were six horses involved, and apparently the trainer in question had trouble with his telephone.
--On 19 March 2009, Licensed Trainer “S” was fined $100 at the Counties Racing Club when two horses were involved.
--On 21 March 2009 Licensed Trainer “M” was fined $100 at Tauranga but we do not know if there was more than one horse involved, or the reason for the higher penalty.
--It is, therefore, with the greatest of reluctance that we impose a fine of $50 only on this occasion. If three separate informations had been laid then this Committee would have had the opportunity of imposing penalties in respect of each particular failure to declare a rider. However, in all of the circumstances, we will accede to the recommendation as to penalty that only one fine of $50 should be imposed.
--
KG Hales
Chair
5503
Decision Date: 14/06/2009
Publish Date: 14/06/2009
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: 123b4ba2bd3968fd6a78473a41d47e47
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 14/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: South Canterbury RC - 14 June 2009 - Race 7, Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms K King, Licensed Trainer, was charged pursuant to Rule 508(2)(5) of the Rules of Racing in that she failed to declare riders for “No Way” and “High Seas” in Race 7, and “The Guttersnipe” in Race 9 by the required time.
--
Ms K King, Licensed Trainer, was charged pursuant to Rule 508(2)(5) of the Rules of Racing in that she failed to declare riders for “No Way” and “High Seas” in Race 7, and “The Guttersnipe” in Race 9 by the required time.
--The Club required riders to be declared by 10 am on Thursday 11 June 2009. Ms King was contacted by the Bureau at 11.35 am on Thursday 11 June 2009. Mr Davidson advised the hearing that Ms King said she held off declaring her riders because she was having difficulty booking a rider for one of her horses.
--Rule 508(2) (and I will paraphrase this) reads:
--“It shall be the duty of the trainer of any horse ……………to declare to the Club ……………the name of the rider………….”
--It is noted that the Rule is expressed in the singular. The question for consideration is whether the failure to declare riders within the specified time, when there is more than one horse involved, constitutes one offence or multiple offences, thereby attracting higher penalties. Another question for consideration is “do the Rules of Racing import the plural, when matters are expressed in the singular?” We do not know the answer to that particular question, and this is not an appropriate forum to endeavour to resolve that particular point.
--In this case, only one information has been laid. All three jockeys were declared at the same time. It is a regulatory offence, and the racing public was not inconvenienced. Had there been a “piecemeal” approach in terms of the declarations, then the situation might be different. Ms King is a first offender for the last racing season. Ms King has elected not to be present at this hearing. From that we draw an inference that she is of the reasonable expectation that the standard penalty of $50 only will be imposed. We can probably infer that if she thought she was going to be fined more than $50 then she would have elected to be present.
--Mr Richardson submitted that a fine of $50 only should be imposed, as he advised that there has been a directive from New Zealand Thoroughbred Racing for only one penalty to be imposed, notwithstanding the number of horses involved.
--We note that there seems to have been, in the past few months, fines imposed of more than $50. Licensed Trainer “K” was fined $150 at the Otago Racing Club’s meeting on 7 March 2009 when there were six horses involved, and apparently the trainer in question had trouble with his telephone.
--On 19 March 2009, Licensed Trainer “S” was fined $100 at the Counties Racing Club when two horses were involved.
--On 21 March 2009 Licensed Trainer “M” was fined $100 at Tauranga but we do not know if there was more than one horse involved, or the reason for the higher penalty.
--It is, therefore, with the greatest of reluctance that we impose a fine of $50 only on this occasion. If three separate informations had been laid then this Committee would have had the opportunity of imposing penalties in respect of each particular failure to declare a rider. However, in all of the circumstances, we will accede to the recommendation as to penalty that only one fine of $50 should be imposed.
--
KG Hales
Chair
5503
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 508.2, 508.2.5
Informant:
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Respondent:
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