Archive Decision

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Waikato RC 28 October 2013 – R 2

ID: JCA16784

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr K Hawtin - Licensed Trainer of SOPHIE'S GEM

Information Number:
A2904

Hearing Type:
Hearing

Rules:
614(2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 28 October 2013

Meet Chair:
ADooley

Meet Committee Member 1:
GTankard

Race Date:
2013/10/28

Race Number:
R2

Decision:

As Mr Hawtin admitted the breach we find the charge proved.

Penalty:

Accordingly, Mr Hawtin was fined $500.

Charge:

Following race 2, Chris Wood Racing Stables 1600, an Information was filed pursuant to Rule 614(2). The Informant, Mr Oatham, alleged that Mr K & B Hawtin omitted the lead bag when saddling SOPHIE'S GEM.

Mr Hawtin acknowledged that he understood the nature of the charge and the Rule.

Rule 614(2) states: A person must not be neglectful or careless in saddling a horse.

Facts:

Mr K Hawtin represented the training partnership at the hearing.

Mr Oatham advised the Committee that SOPHIE'S GEM was presented to race without the lead bag. He produced the lead bag as an exhibit and informed us that it weighed 0.75kgs. SOPHIE'S GEM was sent back and re saddled with correct gear prior to racing. He added that SOPHIE'S GEM finished in 3rd position.

Mr Hawtin informed the Committee that he had been saddling horses for 45 years and not breached this Rule before. He said it was an honest mistake and added the lead bag had slipped off the rail.

Submissions for Penalty:

Mr Oatham produced Mr Hawtin's record which showed no previous breaches under this Rule. He stated if the lead bag hadn't been detected the consequences would have been far more serious due to the horse finishing in 3rd position. He said Mr Hawtin has been involved in the industry for a number of years and this proves how careful trainers need to be when saddling up their respective horses. He said Mr Hawtin was upfront and co-operative with Stewards during their investigation. Mr Oatham referred to previous penalties where trainers were neglectful in saddling which incurred $500 fines. Mr Oatham recommended a $500 fine would be appropriate however was mindful of Mr Hawtin’s excellent record.

Mr Hawtin did not wish to make any submissions on penalty.

Mr Hawtin acknowledged the consequences and penalty would have been far greater had the mistake not been detected due to SOPHIE’S GEM finishing in 3rd place.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Hawtin's admission of the breach and his excellent record in relation to this Rule.

We note that Mr Hawtin showed genuine remorse for omitting the lead bag and we appreciated his honesty during the hearing. Mr Hawtin as an experienced trainer was fully aware the consequences of his actions.

We referred to the JCA penalty guide which recommended a starting point of $750 fine. We also verified the JCA listing of penalties under this Rule. This showed that Mr R (29.10.2011) and Mr O (27.10.2012) who were also experienced North Island trainers and had excellent records incurred $500 fines. In the interest of fairness and consistency we see no reason to deviate from those penalties.

After taking into account all the above factors we consider an appropriate penalty is a $500 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: a06c54ef63845cba5a05daef23c245dc


informantnumber: A2904


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 09/10/2013


hearing_title: Waikato RC 28 October 2013 - R 2


charge:

Following race 2, Chris Wood Racing Stables 1600, an Information was filed pursuant to Rule 614(2). The Informant, Mr Oatham, alleged that Mr K & B Hawtin omitted the lead bag when saddling SOPHIE'S GEM.

Mr Hawtin acknowledged that he understood the nature of the charge and the Rule.

Rule 614(2) states: A person must not be neglectful or careless in saddling a horse.


facts:

Mr K Hawtin represented the training partnership at the hearing.

Mr Oatham advised the Committee that SOPHIE'S GEM was presented to race without the lead bag. He produced the lead bag as an exhibit and informed us that it weighed 0.75kgs. SOPHIE'S GEM was sent back and re saddled with correct gear prior to racing. He added that SOPHIE'S GEM finished in 3rd position.

Mr Hawtin informed the Committee that he had been saddling horses for 45 years and not breached this Rule before. He said it was an honest mistake and added the lead bag had slipped off the rail.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Hawtin admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Hawtin's record which showed no previous breaches under this Rule. He stated if the lead bag hadn't been detected the consequences would have been far more serious due to the horse finishing in 3rd position. He said Mr Hawtin has been involved in the industry for a number of years and this proves how careful trainers need to be when saddling up their respective horses. He said Mr Hawtin was upfront and co-operative with Stewards during their investigation. Mr Oatham referred to previous penalties where trainers were neglectful in saddling which incurred $500 fines. Mr Oatham recommended a $500 fine would be appropriate however was mindful of Mr Hawtin’s excellent record.

Mr Hawtin did not wish to make any submissions on penalty.

Mr Hawtin acknowledged the consequences and penalty would have been far greater had the mistake not been detected due to SOPHIE’S GEM finishing in 3rd place.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Hawtin's admission of the breach and his excellent record in relation to this Rule.

We note that Mr Hawtin showed genuine remorse for omitting the lead bag and we appreciated his honesty during the hearing. Mr Hawtin as an experienced trainer was fully aware the consequences of his actions.

We referred to the JCA penalty guide which recommended a starting point of $750 fine. We also verified the JCA listing of penalties under this Rule. This showed that Mr R (29.10.2011) and Mr O (27.10.2012) who were also experienced North Island trainers and had excellent records incurred $500 fines. In the interest of fairness and consistency we see no reason to deviate from those penalties.

After taking into account all the above factors we consider an appropriate penalty is a $500 fine.


penalty:

Accordingly, Mr Hawtin was fined $500.


hearing_type: Hearing


Rules: 614(2)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr K Hawtin - Licensed Trainer of SOPHIE'S GEM


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5495ca28044ae071ec7b780cb7ed1db7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 3d99e6470397667c1435aa79b97768bf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/10/2013


meet_title: Waikato RC - 28 October 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GTankard


meet_pm2: none


name: Waikato RC