Archive Decision

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Whangarei RC 3 August 2012 – R 1

ID: JCA16779

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr G Barlow - Trainer of DUELISTA

Information Number:
2969

Hearing Type:
Hearing

Rules:
404(2)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 3 August 2012

Meet Chair:
RSeabrook

Meet Committee Member 1:
GTankard

Race Date:
2012/08/03

Race Number:
R 1

Decision:

As the breach was admitted we find the charge proved.

Penalty:

After taking all the above into account and in the interests of consistency we impose a fine of $500.

Charge:

Wrongful Entry

Facts:

Following Race 1 an information was filed pursuant to 404(2).  The informant Mr Williamson alleged that Mr G Barlow, trainer of DUELISTA, presented that horse with the intention to race when the horse accepted for the race was RIVALRY and thereby failed to present the correct horse.

Submissions for Decision:

Mr Williamson outlined the details regarding the charge.  He said 15 minutes prior to race 1 he received a call from assistant stipendiary steward, Mr L Tidmarsh, that the brands on the horse DUELISTA did not correspond with those of the carded runner RIVALRY.  Mr Williamson said the stewards immediately questioned Mr Barlow as to whether RIVALRY was on the course.  This was confirmed and the correct runner, RIVALRY, was presented to race in place of DUELISTA.

Mr Barlow in admitting the breach said there was no one else to blame except himself.  He said he had only been with Mr Rogerson's present stable for 6 weeks.  He added they were training 140 horses and their 4 runners today were all plain bays.  He said he simply took the wrong horse out of the stall.

Submissions for Penalty:

Mr Williamson said one previous breach of this rule attracted a fine of $1000 but under different circumstances.  He submitted a further breach of this rule and similar to this one today had attracted a fine of $500 which he said was appropriate for today's offence.

Mr Barlow had nothing to add.

Reasons for Penalty:

The committee considered all evidence and submissions.  It was explained to Mr Barlow that the penalty guide recommended a starting point of $800 for a breach of this rule.  However mitigating factors are Mr Barlow's admission of the breach and this was his first charge under this rule.  The committee is satisfied there was no malice or intent on Mr Barlow's part and he was honest and forthright immediatley the mistake was discovered.  However it was explained to Mr Barlow the serious repercussions that could have arisen had the error not been picked up by the stewards.

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: a0059d553feef20ba3ce355462777b71


informantnumber: 2969


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 26/07/2012


hearing_title: Whangarei RC 3 August 2012 - R 1


charge:

Wrongful Entry


facts:

Following Race 1 an information was filed pursuant to 404(2).  The informant Mr Williamson alleged that Mr G Barlow, trainer of DUELISTA, presented that horse with the intention to race when the horse accepted for the race was RIVALRY and thereby failed to present the correct horse.


appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson outlined the details regarding the charge.  He said 15 minutes prior to race 1 he received a call from assistant stipendiary steward, Mr L Tidmarsh, that the brands on the horse DUELISTA did not correspond with those of the carded runner RIVALRY.  Mr Williamson said the stewards immediately questioned Mr Barlow as to whether RIVALRY was on the course.  This was confirmed and the correct runner, RIVALRY, was presented to race in place of DUELISTA.

Mr Barlow in admitting the breach said there was no one else to blame except himself.  He said he had only been with Mr Rogerson's present stable for 6 weeks.  He added they were training 140 horses and their 4 runners today were all plain bays.  He said he simply took the wrong horse out of the stall.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Williamson said one previous breach of this rule attracted a fine of $1000 but under different circumstances.  He submitted a further breach of this rule and similar to this one today had attracted a fine of $500 which he said was appropriate for today's offence.

Mr Barlow had nothing to add.


reasonsforpenalty:

The committee considered all evidence and submissions.  It was explained to Mr Barlow that the penalty guide recommended a starting point of $800 for a breach of this rule.  However mitigating factors are Mr Barlow's admission of the breach and this was his first charge under this rule.  The committee is satisfied there was no malice or intent on Mr Barlow's part and he was honest and forthright immediatley the mistake was discovered.  However it was explained to Mr Barlow the serious repercussions that could have arisen had the error not been picked up by the stewards.


penalty:

After taking all the above into account and in the interests of consistency we impose a fine of $500.


hearing_type: Hearing


Rules: 404(2)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr G Barlow - Trainer of DUELISTA


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4f13332271c82e758a02a718777360f1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 930f3137d0b088f6d42f466d228985e9


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/08/2012


meet_title: Whangarei RC - 3 August 2012


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "650", "Total": "403.0", "kmprice": 403.0, "Approved": "on"}]


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: GTankard


meet_pm2: none


name: Whangarei RC