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Canterbury JC 10 August 2019 - R 3 - Chair, Mr S Ching

Created on 13 August 2019

Rules:
534(1)
Committee:
SChing (chair)
RMcKenzie
Name(s):
C Trembath- Licensed Class B Trainer
Informant
J Oatham- Chief Stipendiary Steward
Information Number
A11527
Plea:
Admitted
Charge:
Alleged breach of Rule 534(1)
Evidence:

Following the running of Race 3, the Avon City Ford Premier Maiden, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Licensed Class B Trainer Ms C Trembath, alleging that she scratched CASTLEREIGH after the required time.

Rule 534(1) reads as follows;

At any time from the Withdrawal Deadline to the scratching deadline (as specified for the relevant Race Meeting in accordance with Rule 510(d)(v) or as amended by NZTR from time to time) on the relevant Race day, a person intending to scratch a horse from a Race (after it has been accepted or is deemed to have been accepted) shall give notice to that effect to NZTR and where such notice for scratching a horse refers to a Race Meeting but does not specify a particular Race at that Race Meeting, such notice shall be deemed to apply to all Races for which the horse has been accepted or deemed to have been accepted at that Race Meeting.

Ms Trembath had indicated on the Information that this breach of the Rules was admitted. Ms Trembath confirmed her admission of the breach at the hearing and that she understood the charge and rule it was brought under.

Mr Oatham informed the Committee that CASTLEREIGH was 4th emergency for Race 3 at today’s meeting. He said the horse had run at the Wednesday meeting and did get into the field off the ballot list this morning. Mr Oatham said that the Racing Bureau left a message for Ms Trembath in regard to CASTLEREIGH getting back into the field prior to official scratching time of 7.30am this morning He said that Ms Trembath eventually got in contact with the Racing Bureau to scratch CASTLEREIGH at 9am.

Ms Trembath stated that CASTLEREIGH was lame going out to the paddock this morning. She said that she received a message from the Racing Bureau at just after 7.15am to say that LINCOLN ZEPHYR had made the field. Ms Trembath then called the Bureau back and declared a rider for that horse. She said she then worked a horse and a message had been left at 7.26am on her phone from the Bureau stating that CASTLEREIGH had made the field. Ms Trembath did not hear her phone ring and just assumed that the horse had not got back into the field. She thought the Bureau would have let her know at just after 7.15am when she was talking to them about LINCOLN ZEPHYR, another horsed trained by her that was on the ballot list for Race 8, and would have scratched the horse then. Ms Trembath stated that it was no excuse and should have scratched the horse when she knew of the lameness earlier in the morning. She stated that she was alerted to the situation that CASTLEREIGH was in the field when Jan Hay called her. Ms Trembath said she then called the Bureau to scratch the horse at 9am.

Decision:

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

Submission For Penalty:

Mr Oatham stated that Ms Trembath had a clear record in regard to this rule and had been honest and cooperative with the Stewards in regard to the case. He said that there were a few mitigating circumstances involved with this situation with the horse being on the ballot and miscommunications with the Bureau. Mr Oatham stated that with the horse lame first thing in the morning, it should have been scratched straight away and not rely on the assumption that it was not going to gain entry into the field. He stated that the JCA starting point for a breach of this rule is $200 with recent breaches with similar circumstances resulting in fines of $150.

Ms Trembath elected to make no submissions on penalty.

Reasons For Penalty:

The JCA Penalty Guide starting point for a breach of this rule is a fine of $200. We determined there were no aggravating factors to consider only mitigating, therefore no uplift in penalty required. Taking into consideration Ms Trembath’s good record, her frank admission and cooperation with the Stewards in this case, we determined that a combined discount of $50 be applied.

We therefore determined that a fine of $150 was an appropriate penalty in this case.

Penalty:

Accordingly, Ms Trembath is fined the sum of $150.

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