Forbury Park TC - 24 June 2010 - R 4
834(2)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mrs K Williams Stipendiary Steward
Defendant: Mr R Austin (Trainer All Mighty) and Agent D Dunn
Information No: 68804
Meeting: Forbury Park Trotting Club
Date: 24 June 2010
Venue: Forbury Park
Race: 4
Rule No: 834 (2)
Judicial Committee: N D Skelt, Chairman - J L Eagles, Committee Member
Plea: Admitted
CHARGES:
Mr Austin was charged under rule 834 (2) in that his horse All Mighty was a late scratching at 6.25pm after being sold. The scratching time was 5.00pm. Mr Austin admitted the breach and was not on the course and the hearing was conducted by telephone with the Judicial Committee and Mrs Williams.
FACTS/SUBMISSIONS:
Stipendiary Steward Mrs Williams stated that Mr Austin had wanted to start his horse All Mighty at the Forbury Park meeting however due to the pending sale of the horse he had been late in notifying Harness Racing New Zealand after the sale had been negotiated. Mrs Williams said that the horse would have been a possible favourite in the race and the scratching would have affected the turnover on the race with the horse being a late scratching.
Mr Austin confirmed he had been waiting for the sale of the horse which was negotiated very late in the day and that he had every intention of starting the horse. However the new owners were adamant that the horse was not to start.
REASON(s):
The committee felt it was clear from the statements of Mr Austin that he had simply made an error of judgment and had not been proactive ensuring that the horse was scratched before the required 5 pm deadline.
DECISION:
The committee was satisfied a breach of the rules had occurred.
SUBMISSION(s) ON PENALTY:
Mrs Williams recommended a fine of $200 be imposed.
Mr Austin made no submission.
PENALTY:
Mr Austin was fined the sum of $200 and reminded of his professional obligations under this particular rule.
N D Skelt J L Eagles
Chairman Committee Member
68804
