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Whangarei RC 11 August 2019 - R 8 - Chair, Mr A Smith

Created on 12 August 2019

Rules:
614(2)
Committee:
ASmith (chair)
GJones
Name(s):
Mr S Marsh - Licensed Trainer
R Mildon - Trainers Representative
Informant
B Jones - Stipendiary Steward
Information Number
A11325
Plea:
Admitted
Charge:
Neglectful in Saddling
Evidence:

Following the running of race 8, Ruakaka Christmas At The Races – Dec 17, an information was filed pursuant to rule 614(2). The Informant, Mr B Jones, alleged that Mr S Marsh presented POKURU WILD and VIS TA VIE to race with the incorrect saddles. Due to Mr Marsh being unavailable, Mr R Mildon was present as the stable representative.

Mr Mildon acknowledged that he understood the nature of the charge and the Rule. He also confirmed that he did admit the breach.

Rule 614(2) provides that:

A person must not be neglectful or careless in saddling a horse.

Mr Jones told the Committee that POKURU WILD and VIS TA VIE were both entered for Race 8 and presented to the birdcage. He said that upon presentation rider M Cameron identified that the saddle on the horse he was to ride was not his own. At this point it was determined that despite both horses being presented with the correct saddle cloth numbers, the saddles where in fact incorrect.

The Stipendiary Stewards' investigation of the incident identified that one of the saddles had fallen to the ground in the saddling stalls and at this point it was likely that saddles were “mixed up”. Mr Jones said that both saddles were very similar with the only distinguishable feature being the irons. Mr Jones added that the error was identified prior to the horses getting on to the track and the horses were re-saddled immediately.

Mr Mildon confirmed the facts as presented by Mr Jones, and advised that as soon as the error had been identified the stable took immediate action to get the horses re-saddled.

Decision:

Mr Marsh’s representative R Mildon has admitted the breach and it is therefore proved.

Submission For Penalty:

Mr Jones said Mr Marsh had a clear record in respect to a breach of this rule. Mr Jones said that the Stewards would see a breach of this nature as similar to a breach of failing to attach a lead bag and that this generally resulted in a fine around $300.

Mr Mildon submitted that he thought Mr Jones' submission on penalty was “fair” and he had nothing further to add.

Reasons For Penalty:

The Committee carefully considered all evidence and submissions presented.

The JCA Penalty Guide does not provide guidance in relation to penalty for a Trainer saddling a horse with incorrect saddles, due to each circumstance being fact dependent.

While this incident is a simple case of human error, additional care needs to be taken when a trainer has two horses engaged in the same race, particularly if they are located in the saddling area beside each other.

After taking into consideration the mitigating factors and researching similar recent cases, the Committee determined that an appropriate penalty would be a fine of $300.

Penalty:

Mr Marsh was fined $300.

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