You are here: Home / Race Days / Dummy Location - 1 January 2001 / Non Raceday Inquiry Req for Ruling A Calder hrd Te Rapa 24 April 09

Non Raceday Inquiry Req for Ruling A Calder hrd Te Rapa 24 April 09



520.3

NON-RACEDAY HEARING HELD AT TE RAPA ON 24 APRIL 2009

The Information number 41363 comes pursuant to Rule 520(3) - Request for a Ruling.
  
The basis of the inquiry and the Information reads as follows:

“Mr A Calder being dually engaged for race five at the Cambridge Jockey Club on Saturday, 25 April 2009.  Both trainers, Mr James (ISLINGTON BAY) and Mr Baker (DINKA) believe they have an engagement made through Andrew Calder’s manager, Mr Mike Dillon”.

 



NON-RACEDAY HEARING HELD AT TE RAPA ON 24 APRIL 2009

The Information number 41363 comes pursuant to Rule 520(3) - Request for a Ruling.
  
PRESENT AT THE INQUIRY:
Mr R Seabrook, Chairman
Mr B Rowe, Panelist

Mr R Sanders, Chief Stipendiary Steward, NZ Thoroughbred Racing

The three parties involved in the inquiry were not present, but gave their evidence by telephone conference.  Those parties are:

Mr R James, trainer of ISLINGTON BAY
Mr M Baker, trainer of DINKA
Mr M Dillon, agent for rider Mr A Calder

The basis of the inquiry and the Information reads as follows:

“Mr A Calder being dually engaged for race five at the Cambridge Jockey Club on Saturday, 25 April 2009.  Both trainers, Mr James (ISLINGTON BAY) and Mr Baker (DINKA) believe they have an engagement made through Andrew Calder’s manager, Mr Mike Dillon”.

Mr Sanders said he had a phone call from Mr Dillon on 22 April telling him there was a possible engagement for two horses in the Cambridge Breeders Stakes.  Mr Sanders phoned both trainers, but was unable to sort the problem out.

Mr Dillon said Mr Calder was offered three rides for the Breeders Stakes, PINOT GRIL, DINKA and ISLINGTON BAY.  Mr Dillon determined that PINOT GIRL had little chance of making the field and after conferring with the Racing Bureau was told ISLINGTON BAY was borderline. 

He then confirmed with Mr Baker at 11.40 am on Tuesday 21 April that Mr Calder would ride DINKA.  He said he was not a fool and would not dual engage. 

Mr James said Mr Dillon rang last week as he normally does to ask what rides Mr Calder had coming up.  He was certain in his mind that Mr Calder was confirmed for ISLINGTON BAY through communication with his partner, Mr Mirabelli.  However, he discovered at 4 pm on the 22 April when Mr Dillon phoned to tell him he had a problem as he confirmed Mr Calder for DINKA.  He told Mr James he could get Mr Colgan or Mr Waddell for ISLINGTON BAY, but this was declined.

Mr Sanders submitted that in his opinion there had been a breakdown in communication with Mr Dillon, but believed there was a contract between Mr Calder and Mr James.

DECISION:

The Committee carefully considered all the evidence as presented.  We are satisfied that Mr Dillon made a firm commitment for Mr Calder to ride DINKA in the Breeders Stakes, at 11.40 am on 22 April.  This was obviously made by Mr Dillon when he was told by the Bureau ISLINGTON BAY would be lucky to make the field.  It is clear he would not have confirmed for DINKA if he thought he had already confirmed for ISLINGTON BAY.

There was certainly no clear evidence given to the Committee that Mr Dillon confirmed Mr Calder for ISLINGTON BAY as was the case for DINKA.  Accordingly we rule that Mr Calder is to ride DINKA in the Breeders Stakes.

 


R M Seabrook
CHAIRMAN
41363

Document Actions