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Ashburton RC 3 July 2019 - R 5 - Chair, Mr S Ching

Created on 04 July 2019

Rules:
614(2)
Committee:
SChing (chair)
Name(s):
J Gordon-Licensed Class A Trainer
Informant
D Wadley- Stipendiary Steward
Information Number
A8144
Plea:
Admitted
Charge:
Alleged breach of Rule 614(2)(d)-Neglect in saddling
Evidence:

Following the running of Race 5, the JJ’s Ltd Open Handicap, an Information was filed by Stipendiary Steward, Mr D Wadley, against Licensed Trainer Ms J Gordon, alleging neglect in saddling (2) SHAKTI and (3) THE GORDONIAN by presenting both runners bearing the wrong saddlecloth numbers.

Rule 614(2) reads as follows;

(2) A person must not be neglectful or careless when saddling a horse.

Ms Gordon had indicated on the Information that this breach of the Rules was admitted. Mr Wadley informed the Committee that Ms Gordon had elected to not attend the hearing. He said she had informed him that she understood the charge and the rule it was brought under.

Mr Wadley informed the Committee that both SHAKTI and THE GORDONIAN, numbered 2 and 3 respectfully in the race, were presented with the wrong number cloths in position. He said that SHAKTI had the number 3 saddlecloth with THE GORDONIAN, the number 2 saddlecloth. This mistake was detected at the brand inspection area in the parade ring and as a result both horses were sent back to the stables and re-saddled prior to going to the start.

Ms Gordon had reported to the Stewards, that before receiving the saddles from the riders she had picked up the numbers. Once she received the saddles, she said she must have put the incorrect numbers on the wrong saddles and subsequently saddled the horses up.

Decision:

As Ms Gordon had admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Wadley stated that Ms Gordon had a clear record in regard to this rule. He said that there were two previous breaches on record with similar circumstances where two horses had been incorrectly saddled and presented to race. These were M Faber at Rotorua on 27 December 2018 which resulted in a $300 fine and M Daly at Timaru on 28 December 2018 which again resulted in a $300 fine. He stated that this breach was very similar to the above historic breaches and submitted that a fine of $300 was an appropriate penalty.

Reasons For Penalty:

The JCA Penalty Guide does not provide a starting point for a breach of this Rule where two horses have been presented with the wrong saddlecloth numbers. The starting point is therefore left to the individual committees to determine penalty, depending on the circumstances of the particular case. It is clear that the Daly and Faber cases were very similar in facts to this case, both resulting in $300 fines. The Penalty Guide states that its key purpose is to “ensure consistency in the imposition of penalties”. Where there is no guideline in the Penalty Guide, consistency is still an important factor in determining penalty. Mr Wadley submitted a fine of $300 as penalty and, with that in mind, determined that for the sake of consistency, a fine of $300 be imposed.

Penalty:

Accordingly, Ms Gordon is fined the sum of $300.

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