South Canterbury RC 28 December 2018 – R 8 – Chair, Mr R McKenzie
ID: JCA12214
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 28 December 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2018/12/28
Race Number:
R8
Decision:
Mr Daly having admitted the breach, the charge was found proved.
Penalty:
Mr Daly is fined the sum of $300.
Facts:
Following the running of Race 8, Dominator Doors & Onceuponatime Maiden 1600, an Information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Trainer (Class A), Mr MP Daly, alleging that Mr Daly, as the trainer of MAH GIRL and BALANTO in the race, “he was neglectful in saddling his two runners which were presented with incorrect saddlecloths and wrong saddlecloths [sic]”.
Mr Daly had indicated on the information form that he admitted the breach and, further, that he did not wish to be present at the hearing.
Rule 614 provides as follows:
(2) A person must not be neglectful or careless in saddling a horse.
Mr McLaughlin asked Mr DM Wadley, Stipendiary Steward, to outline the events leading to this charge.
Mr Wadley said that Mr Daly had two runners in Race 8 – MAH GIRL (9) and BALANTO (10). When the horses were presented at the plating area, it was noticed that one of the horses had been presented with incorrect gear. It was discovered that there was no lead bag, as there should have been, on MAH GIRL and the horses were sent back to the stable enclosure to be resaddled.
Later, in the birdcage, it was discovered that the two horses had been saddled wrongly, Mr McLaughlin said. Jockey, Mrs L J Allpress, who was the rider of BALANTO (10), had noticed that her saddle and breastplate were on runner No. 9, MAH GIRL. The equipment was switched again and the jockeys sent to reweigh.
The start of the race was delayed for several minutes.
Submissions for Penalty:
Mr McIntyre, Manager of Stewards, told the Committee that at the meeting of Racing Rotorua on 27 December, Stable Representative, Mr M Faber, had admitted a breach the same Rule in that he “presented the two S McKee stable runners SPINDLE and O’PRINCESS with incorrect saddles and was fined $300 by the Judicial Committee”.
Mr McLaughlin submitted that a fine of the same amount was appropriate in this case, given the similarity to that case.
Reasons for Penalty:
The Penalty Guide does not provide a starting point for a breach of the Rule where two horses have been presented with the wrong saddles. The starting point is therefore left to individual Judicial Committees to determine, depending on the circumstances of the particular case. It did appear, from the very brief information that we had available, that the facts in this case were very similar to the facts in the Faber case at Rotorua yesterday. We could see no reason to question the penalty finding of the raceday Judicial Committee in that case and Mr McLaughlin submitted for a fine of $300, as was imposed on Mr Faber. The Penalty Guide states that its key purpose is to “ensure consistency in the imposition of penalties”. Where there is no guideline in the Penalty Guide, we believe that consistency is still an important factor in determining penalty and, with that in mind, we impose a fine of $300 on Mr Daly.
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: 40aa573d7999168f534181ba9d1c4aa5
informantnumber: A5744
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Neglectful in Saddling
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2018
hearing_title: South Canterbury RC 28 December 2018 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Dominator Doors & Onceuponatime Maiden 1600, an Information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Trainer (Class A), Mr MP Daly, alleging that Mr Daly, as the trainer of MAH GIRL and BALANTO in the race, “he was neglectful in saddling his two runners which were presented with incorrect saddlecloths and wrong saddlecloths [sic]”.
Mr Daly had indicated on the information form that he admitted the breach and, further, that he did not wish to be present at the hearing.
Rule 614 provides as follows:
(2) A person must not be neglectful or careless in saddling a horse.
Mr McLaughlin asked Mr DM Wadley, Stipendiary Steward, to outline the events leading to this charge.
Mr Wadley said that Mr Daly had two runners in Race 8 – MAH GIRL (9) and BALANTO (10). When the horses were presented at the plating area, it was noticed that one of the horses had been presented with incorrect gear. It was discovered that there was no lead bag, as there should have been, on MAH GIRL and the horses were sent back to the stable enclosure to be resaddled.
Later, in the birdcage, it was discovered that the two horses had been saddled wrongly, Mr McLaughlin said. Jockey, Mrs L J Allpress, who was the rider of BALANTO (10), had noticed that her saddle and breastplate were on runner No. 9, MAH GIRL. The equipment was switched again and the jockeys sent to reweigh.
The start of the race was delayed for several minutes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Daly having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre, Manager of Stewards, told the Committee that at the meeting of Racing Rotorua on 27 December, Stable Representative, Mr M Faber, had admitted a breach the same Rule in that he “presented the two S McKee stable runners SPINDLE and O’PRINCESS with incorrect saddles and was fined $300 by the Judicial Committee”.
Mr McLaughlin submitted that a fine of the same amount was appropriate in this case, given the similarity to that case.
reasonsforpenalty:
The Penalty Guide does not provide a starting point for a breach of the Rule where two horses have been presented with the wrong saddles. The starting point is therefore left to individual Judicial Committees to determine, depending on the circumstances of the particular case. It did appear, from the very brief information that we had available, that the facts in this case were very similar to the facts in the Faber case at Rotorua yesterday. We could see no reason to question the penalty finding of the raceday Judicial Committee in that case and Mr McLaughlin submitted for a fine of $300, as was imposed on Mr Faber. The Penalty Guide states that its key purpose is to “ensure consistency in the imposition of penalties”. Where there is no guideline in the Penalty Guide, we believe that consistency is still an important factor in determining penalty and, with that in mind, we impose a fine of $300 on Mr Daly.
penalty:
Mr Daly is fined the sum of $300.
hearing_type: Hearing
Rules: 614(2)
Informant: Mr JM McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr MP Daly - Licensed Trainer (Class A
Otherperson: Mr DM Wadley - Stipendiary Steward, Mr N McIntyre - General Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: 8c1d93939a9d599aeb76eef28a5e49f2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8b5a1e4441128c970ee39bb179e7b7b8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2018
meet_title: South Canterbury RC - 28 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: South Canterbury RC