Wairarapa RC – 21 November 2004 –

The Judicial Committee received an application by Stipendiary Steward J P Oatham acting on behalf of NZTR to determine an application under Rule 1125. This related to charges of misconduct under Rule 304 and a serious racing offence under Rule 1001(1)? laid on the day against licensed trainer P R Ayton at the race meeting of the Wairarapa Racing Club on 7 November 2004. Mr Ayton had pleaded guilty to the offences on that day and had been fined $2,000.00.

Mr Oatham presented submissions that requested those charges be quashed and the decision of the Judicial Committee be set aside.

Mr G P Tankard appearing for Mr Ayton agreed to the request. This Committee is satisfied those charges should be withdrawn and the Judicial Committee's decision relating to those charges be set aside and rule accordingly.

A fresh information number 65165 was laid by the Stipendiary Steward J P Oatham against licensed trainer P R Ayton alleging a breach of Rule 867(1)(b) relating to the use of ear plugs on the horse BACHARACH in race 3 at the Wairarapa Racing Club's meeting on 7 November 2004.

Mr Ayton admitted this charge.

In reaching a decision the Committee has carefully considered submissions from Mr J P Oatham, Stipendiary Steward, and Mr Tankard, and licensed trainer Mr P Ayton.

Mr Oatham stated that this was clearly a breach of the rule and that ignorance was no defence. He felt the breach should be treated seriously and submitted that a fine of not less than $500 should be imposed.

Mr Tankard in opening his submissions was critical of the errors involved in the laying of the original charges against Mr Ayton at Wairarapa on 7 November. He said Mr Ayton was not guilty of any of the three charges which he erroneously pleaded guilty to on the day because of the pressures he was put under. He said it was unnecessarily stressful for Mr Ayton and requested this should be considered in fixing a penalty. Mr Tankard asked for costs to be awarded of $375.

Mr Ayton said his breach of this Rule was solely one of ignorance and that he had trialled the horse using these ear plugs and no questions had been asked. He only did it to settle the horse.

After considering all submissions the Committee accept that the breach of the Rule was the result of ignorance and not intent on Mr Ayton's part. Because of the unfortunate circumstances preceding this charge the penalty imposed should not be regarded as a precedent, accordingly we impose a fine of $450.

Having regard to the background circumstances, the unnecessary stress suffered by Mr Ayton and the expenses incurred by him in seeking and receiving advice to have the charges quashed the Committee consider it appropriate to award Mr Ayton costs totalling $375 against NZTR.