Archive Decision

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Waikato RC 8 May 2021 – R 7 – Chair, Mr G Jones

ID: JCA13140

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Ms P Gerard – Co-Trainer of CHANCELLOR

Information Number:
A14033

Hearing Type:
Hearing

New Charge:
Late declaration of rider (r7)

Rules:
537(a)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 8 May 2021

Meet Chair:
GJones

Meet Committee Member 1:
BScott

Race Date:
2021/05/08

Race Number:
R7

Decision:

The charge is admitted, therefore pursuant to r 915(1)(d) the breach is deemed to be proved.

Penalty:

Ms Gerard (representing the Moroney and Gerard training partnership) was fined $250.

Facts:

Stipendiary Steward, Mr Jones filed an Information alleging Licensed Trainer, Ms P Gerard failed to declare a Rider for CHANCELLOR in race 7, the Waikato Equine Veterinary Centre 2YO Stakes (Listed $50,000).

Ms Gerard noted on the Information that she admitted the breach and was present at the hearing. Following the hearing the penalty was later conveyed to her by Stewards as Ms Gerard had to leave the course.

Mr Jones advised the Committee that Riders were required to be declared for today’s meeting by 1 pm on Wednesday 5 May 2021. He said that Ms Gerard did not declare a rider for CHANCELLOR until late on Friday afternoon.

Ms Gerard said that she did not declare a Rider by the due date because the horse drew wide, and she intended to scratch and run at the Matamata meeting on 14 May 2021. However, she said that after conferring with her Australian based Co-Trainer Mr Moroney they decided to race at today’s meeting in preference to the Matamata meeting. She said by that stage there was a shortage of available Senior Riders and they elected to declare Apprentice Rider, Mr Yanagida as CHANCELLOR'S rider.

Submissions for Penalty:

Mr Jones said that normally breaches of this nature incur a $50 fine and are dealt with by way of Minor Infringement Notice (MIN). However, this is Ms Gerard’s third breach of the Rule within the 120-day reset period. The previous breaches occurred 17/04/21 and 21/01/21 with each breach resulting in a $100 fine.

Mr Jones said that Stewards elected to file an Information because this is Ms Gerard’s third breach and it occurred in a Listed race with stakemoney of $50,000. He suggested that he would leave it to the Committee to determine an appropriate fine.

Ms Gerard submitted that she always intended to scratch her horse and it was not a deliberate attempt on her part to fail to engage a Rider. She said that in hindsight she should have made the necessary advisories concerning the horse’s Rider.

Reasons for Penalty:

After consideration of the submissions the Committee deemed that this matter can be dealt with by way of fine. The Committee is of the view that the betting public are entitled to have all available information, including Riders well in advance of raceday. Although this would normally be dealt with by was of $50 fine, given that this is Ms Gerard’s third breach of the Rule within the reset period; the Status of the Race, and in consideration of the explanation offered by Ms Gerard an uplift is deemed appropriate.

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: 4838c18c34f98ab64fc575bfc3b615b4


informantnumber: A14033


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Late declaration of rider (r7)


plea: admitted


penaltyrequired: 1


decisiondate: 08/05/2021


hearing_title: Waikato RC 8 May 2021 – R 7 – Chair, Mr G Jones


charge:


facts:

Stipendiary Steward, Mr Jones filed an Information alleging Licensed Trainer, Ms P Gerard failed to declare a Rider for CHANCELLOR in race 7, the Waikato Equine Veterinary Centre 2YO Stakes (Listed $50,000).

Ms Gerard noted on the Information that she admitted the breach and was present at the hearing. Following the hearing the penalty was later conveyed to her by Stewards as Ms Gerard had to leave the course.

Mr Jones advised the Committee that Riders were required to be declared for today’s meeting by 1 pm on Wednesday 5 May 2021. He said that Ms Gerard did not declare a rider for CHANCELLOR until late on Friday afternoon.

Ms Gerard said that she did not declare a Rider by the due date because the horse drew wide, and she intended to scratch and run at the Matamata meeting on 14 May 2021. However, she said that after conferring with her Australian based Co-Trainer Mr Moroney they decided to race at today’s meeting in preference to the Matamata meeting. She said by that stage there was a shortage of available Senior Riders and they elected to declare Apprentice Rider, Mr Yanagida as CHANCELLOR'S rider.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge is admitted, therefore pursuant to r 915(1)(d) the breach is deemed to be proved.


sumissionsforpenalty:

Mr Jones said that normally breaches of this nature incur a $50 fine and are dealt with by way of Minor Infringement Notice (MIN). However, this is Ms Gerard’s third breach of the Rule within the 120-day reset period. The previous breaches occurred 17/04/21 and 21/01/21 with each breach resulting in a $100 fine.

Mr Jones said that Stewards elected to file an Information because this is Ms Gerard’s third breach and it occurred in a Listed race with stakemoney of $50,000. He suggested that he would leave it to the Committee to determine an appropriate fine.

Ms Gerard submitted that she always intended to scratch her horse and it was not a deliberate attempt on her part to fail to engage a Rider. She said that in hindsight she should have made the necessary advisories concerning the horse’s Rider.


reasonsforpenalty:

After consideration of the submissions the Committee deemed that this matter can be dealt with by way of fine. The Committee is of the view that the betting public are entitled to have all available information, including Riders well in advance of raceday. Although this would normally be dealt with by was of $50 fine, given that this is Ms Gerard’s third breach of the Rule within the reset period; the Status of the Race, and in consideration of the explanation offered by Ms Gerard an uplift is deemed appropriate.


penalty:

Ms Gerard (representing the Moroney and Gerard training partnership) was fined $250.


hearing_type: Hearing


Rules: 537(a)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Ms P Gerard – Co-Trainer of CHANCELLOR


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e74678820e42720a39c917ca2d87acb9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 51d215d981e1d4171e70c8ea4f267f20


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/05/2021


meet_title: Waikato RC - 8 May 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: BScott


meet_pm2: none


name: Waikato RC