South Canterbury RC 28 December 2020 – R 1 – Chair, Mr S Ching
ID: JCA16082
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 28 December 2020
Meet Chair:
SChing
Meet Committee Member 1:
OJarvis
Race Date:
2020/12/28
Race Number:
R1
Decision:
Mr Moore having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Moore is fined the sum of $500.
Facts:
Following the running of Race 1, the McMillan Equine Feeds Maiden, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Trainer (Class A), Mr K Moore, alleging that, as the trainer of PARAWANUI LAD in the race, he presented the incorrect horse to race.
Mr Moore was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed. He also confirmed that he understood the Rule he was being charged with.
Rule 404(2) provides as follows:
A person shall not enter, accept, start or intend to start a horse in a race or trial (including a jump-out or test for certification purposes) under a name other than its registered name or its recorded breeding details in the case of an unnamed horse that is entered for or starts in a trial.
Mr Oatham gave evidence that Mr Moore had presented PARAWANUI LAD at the plating inspection area for the first race and upon inspection of the brands was found not to be the correct horse. He said the horse presented was AMAZON GODDESS a 4-year-old mare which was an acceptor in Race 9 at the meeting today. PARAWANUI LAD, he explained, was a 6-year-old gelding. Mr Oatham stated that Mr Moore was alerted to the issue and he immediately resaddled the correct horse. He added that there was no delay to the start of the event, as a result of the situation.
Mr Moore explained that he was late getting to the course due to his truck breaking down prior to leaving and heavy traffic on route. He said that he got here with the 2 horses mentioned, with his 3 other horses arriving later with his staff. Mr Moore stated that as they were late, he organised Ms S Clark to collect the saddle and bring it to the tie up stalls. He said that when Ms Clark arrived, he was brushing one of the horses and carried on saddling that horse without thinking and in his haste did not check the correct horse was being saddled. Mr Moore stated that the horses were virtually identical to look at. He said it was pure human error.
Submissions for Penalty:
Mr Oatham told the Committee that the most recent similar breach of this Rule was at Whangarei on 19 September 2020 where trainer K Knight had 2 horses engaged on the day and presented an incorrect horse to race. She was fined the sum of $500. Prior to that a case at Oamaru on 13 August 2015 where trainer Mr J Parsons was fined the sum of $600 and on 3 August 2012 trainer Mr G Barlow was fined $500. Mr Oatham stated that there have been several instances where the incorrect horse has been presented at trials with most fines imposed being $500. Mr Oatham submitted that a fine of $500 be considered as penalty in this case.
Mr Moore elected to make no submissions on penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of an $800 fine for a breach of this Rule. The Committee determined there were no aggravating factors to consider, therefore no uplift warranted. There were however mitigating factors to consider, being Mr Moore’s clear record and his ready and frank admission of the breach. The Committee was satisfied there was no malice or intent on Mr Moore’s part, and he was honest and forthright as soon as the mistake was discovered. After taking into consideration the history of previous penalties imposed and for the sake of consistency, we determined that a $500 fine was an appropriate penalty in this case.
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: b97703ac60b95436143a8cac4c36b969
informantnumber: A11952
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Presented incorrect horse to race
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2020
hearing_title: South Canterbury RC 28 December 2020 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the McMillan Equine Feeds Maiden, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Trainer (Class A), Mr K Moore, alleging that, as the trainer of PARAWANUI LAD in the race, he presented the incorrect horse to race.
Mr Moore was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed. He also confirmed that he understood the Rule he was being charged with.
Rule 404(2) provides as follows:
A person shall not enter, accept, start or intend to start a horse in a race or trial (including a jump-out or test for certification purposes) under a name other than its registered name or its recorded breeding details in the case of an unnamed horse that is entered for or starts in a trial.
Mr Oatham gave evidence that Mr Moore had presented PARAWANUI LAD at the plating inspection area for the first race and upon inspection of the brands was found not to be the correct horse. He said the horse presented was AMAZON GODDESS a 4-year-old mare which was an acceptor in Race 9 at the meeting today. PARAWANUI LAD, he explained, was a 6-year-old gelding. Mr Oatham stated that Mr Moore was alerted to the issue and he immediately resaddled the correct horse. He added that there was no delay to the start of the event, as a result of the situation.
Mr Moore explained that he was late getting to the course due to his truck breaking down prior to leaving and heavy traffic on route. He said that he got here with the 2 horses mentioned, with his 3 other horses arriving later with his staff. Mr Moore stated that as they were late, he organised Ms S Clark to collect the saddle and bring it to the tie up stalls. He said that when Ms Clark arrived, he was brushing one of the horses and carried on saddling that horse without thinking and in his haste did not check the correct horse was being saddled. Mr Moore stated that the horses were virtually identical to look at. He said it was pure human error.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Moore having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Oatham told the Committee that the most recent similar breach of this Rule was at Whangarei on 19 September 2020 where trainer K Knight had 2 horses engaged on the day and presented an incorrect horse to race. She was fined the sum of $500. Prior to that a case at Oamaru on 13 August 2015 where trainer Mr J Parsons was fined the sum of $600 and on 3 August 2012 trainer Mr G Barlow was fined $500. Mr Oatham stated that there have been several instances where the incorrect horse has been presented at trials with most fines imposed being $500. Mr Oatham submitted that a fine of $500 be considered as penalty in this case.
Mr Moore elected to make no submissions on penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of an $800 fine for a breach of this Rule. The Committee determined there were no aggravating factors to consider, therefore no uplift warranted. There were however mitigating factors to consider, being Mr Moore’s clear record and his ready and frank admission of the breach. The Committee was satisfied there was no malice or intent on Mr Moore’s part, and he was honest and forthright as soon as the mistake was discovered. After taking into consideration the history of previous penalties imposed and for the sake of consistency, we determined that a $500 fine was an appropriate penalty in this case.
penalty:
Accordingly, Mr Moore is fined the sum of $500.
hearing_type: Hearing
Rules: 404(2)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr K Moore - Licensed Trainer (Class A)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6b2fcc33072838e8748876758c96af39
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3f827ee54cf63c414d15307c584ee85a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2020
meet_title: South Canterbury RC - 28 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: OJarvis
meet_pm2: none
name: South Canterbury RC