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Whangarei RC 19 June 2021 - R 1 - Chair, Hon J W Gendall QC

Created on 22 June 2021

Rules:
340
Committee:
WGendall (chair)
Name(s):
Mr N Bishara - Licensed Class A Trainer
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A14423
Plea:
Admitted
Charge:
Misconduct
Evidence:

Following the running of Race 1, the ATLAS QUARRIES maiden, Mr Williamson presented an Information alleging that Mr Bishara committed a breach of Rule 340 in that he misconducted himself when instructing Ms T Newman, the Rider of SELVAVERDE trained by Mr Bishara.

Rule 340 provides:

"A licensed person .... or other person bound by these Rules must not misconduct himself in any manner relating to the conduct of Races or Racing".

Mr Bishara admitted the breach of the Rule.

The essential facts were that the horse was fractious before commencing its preliminary and Mr Bishara was nearby, and in front of the public grandstand.  He was heard to call out, in a very loud voice, "Give it a couple under/on the arse" - that is apply the whip to it.  Mr Williamson heard this exhortation, and called to Ms Newman "No" - who must have heard this as she did not follow Mr Bishara's instructions.  Jockeys are not permitted to strike a horse with the whip other than in a race, and when governed by published Guidelines.

Mr Bishara explained to the Committee that this horse needed "some encouragement", he had never mistreated any of his horses, and felt somewhat aggrieved that he had been unfairly singled out.

Decision:

As the charge was admitted, it was deemed proved.

Submission For Penalty:

Mr Williamson said this was unacceptable conduct given by a Trainer and clearly heard by the public.  He referred the Committee to a case where a fine of $1,000 was imposed at Taupo on a Trainer for striking a horse with a rope, but accepted that Mr Bishara's breach did not fall into this more serious category.  He contended there was a need to deter other Trainers as well as to  promote the integrity of Racing to achieve the confidence of the public.

Mr Bishara left the issue of penalty to the Committee.

Reasons For Penalty:

This breach involved unacceptable and inappropriate verbal  conduct but did not warrant anything other than a modest fine.

Penalty:

Mr Bishara is fined $500.00.

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