Wyndham HRC 4 February 2018 – R 4 – Chair, Prof G Hall
ID: JCA15840
Meet Title:
Wyndham HRC - 4 February 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/02/04
Race Number:
R 4
Decision:
As Mr Ellis has admitted this breach of the Rules, the breach is found to be proved.
Penalty:
Mr Ellis is fined the sum of $400.
Facts:
Prior to the running of Race 4, the Placemakers Pace, an information was filed by Stipendiary Steward Mr Wallis against Mr P Ellis, the caretaker trainer of PAY ME JIMMY, alleging a breach of r 213(1)(h) in that he failed to ensure PAY ME JIMMY was in its allocated stall by the prescribed time and, as a consequence, the horse was scratched by order of the Stewards.
Mr Ellis had indicated on the Information that this breach of the Rules was admitted. He had also endorsed the information that he did not wish to be present at the hearing.
Rule 213(1)(h) reads as follows:
A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds … that the horse is not eligible to enter or start in a race.
Programming Conditions #15(a)(i) reads as follows:
15. Race meeting Attendance:
(a) The trainer of any horse engaged in any race at a totalisator race meeting shall ensure that such horse is available with an attendant in the official stabling complex (or in its allocated stall).
(i) at least one hour prior to the advertised starting time of the first race of the meeting where it is entered in that race, or, if entered in a subsequent race, at least ninety minutes prior to the advertised starting time of the race.…
Mr Wallis stated that PAY ME JIMMY was required to be on course 90 minutes before the start of race 4 (12.02 pm) and Mr Ellis had indicated to him that this was not possible as the horse was back at his stables. Mr Wallis said that PAY ME JIMMY was subsequently late scratched when it was clear the horse was not going to arrive on course in time for the race.
Submissions for Penalty:
Mr Wallis stated that these situations did not happen very often but that the most recent case with similar circumstances was McRae in December 2017 where the fine was $400. He submitted a similar penalty was appropriate in this case.
Reasons for Penalty:
Mr Ellis stated to Mr Wallis that he was not aware that PAY ME JIMMY was to race today and the horse was back at the stables. The horse had only moved to his stable on 31 January last. Mr Ellis trains out of stables at Oreti Breach. The horse was thus unable to be on the course at Wyndham before the prescribed time.
The JCA Penalty Guide does not provide a starting point for a breach of this rule but we were assisted by the decisions of McRae and Chilcott (August 2017) where the penalty was a fine of $400 in each case. We have adopted a starting point of $500 for a mid-range breach. There are no aggravating factors, and thus no uplift in penalty.
After a discount of $100 for the respondent’s clear record and his admission of the breach, the fine is one of $400.
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: da71e561b925d4ef41e37738154d0aff
informantnumber: A10218
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to ensure runner was on course by the prescribed time
plea: admitted
penaltyrequired: 1
decisiondate: 07/02/2018
hearing_title: Wyndham HRC 4 February 2018 - R 4 - Chair, Prof G Hall
charge:
facts:
Prior to the running of Race 4, the Placemakers Pace, an information was filed by Stipendiary Steward Mr Wallis against Mr P Ellis, the caretaker trainer of PAY ME JIMMY, alleging a breach of r 213(1)(h) in that he failed to ensure PAY ME JIMMY was in its allocated stall by the prescribed time and, as a consequence, the horse was scratched by order of the Stewards.
Mr Ellis had indicated on the Information that this breach of the Rules was admitted. He had also endorsed the information that he did not wish to be present at the hearing.
Rule 213(1)(h) reads as follows:
A Stipendiary Steward at any time may scratch from a race or declare ineligible to start in a race until a specific condition is met any horse on all or any of the following grounds … that the horse is not eligible to enter or start in a race.
Programming Conditions #15(a)(i) reads as follows:
15. Race meeting Attendance:
(a) The trainer of any horse engaged in any race at a totalisator race meeting shall ensure that such horse is available with an attendant in the official stabling complex (or in its allocated stall).
(i) at least one hour prior to the advertised starting time of the first race of the meeting where it is entered in that race, or, if entered in a subsequent race, at least ninety minutes prior to the advertised starting time of the race.…
Mr Wallis stated that PAY ME JIMMY was required to be on course 90 minutes before the start of race 4 (12.02 pm) and Mr Ellis had indicated to him that this was not possible as the horse was back at his stables. Mr Wallis said that PAY ME JIMMY was subsequently late scratched when it was clear the horse was not going to arrive on course in time for the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Ellis has admitted this breach of the Rules, the breach is found to be proved.
sumissionsforpenalty:
Mr Wallis stated that these situations did not happen very often but that the most recent case with similar circumstances was McRae in December 2017 where the fine was $400. He submitted a similar penalty was appropriate in this case.
reasonsforpenalty:
Mr Ellis stated to Mr Wallis that he was not aware that PAY ME JIMMY was to race today and the horse was back at the stables. The horse had only moved to his stable on 31 January last. Mr Ellis trains out of stables at Oreti Breach. The horse was thus unable to be on the course at Wyndham before the prescribed time.
The JCA Penalty Guide does not provide a starting point for a breach of this rule but we were assisted by the decisions of McRae and Chilcott (August 2017) where the penalty was a fine of $400 in each case. We have adopted a starting point of $500 for a mid-range breach. There are no aggravating factors, and thus no uplift in penalty.
After a discount of $100 for the respondent’s clear record and his admission of the breach, the fine is one of $400.
penalty:
Mr Ellis is fined the sum of $400.
hearing_type: Hearing
Rules: 213(1)(h) & Programming Conditions #15(a)(i)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr P Ellis - Licensed Trainer
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e486d30cd7ff4baff4f1fd61deb22be8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4b8578543a03c5af6a9e4726315cdc84
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2018
meet_title: Wyndham HRC - 4 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Wyndham HRC