NZ Metro TC - 15 October 2010 - R 8
849(2)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N R Escott, Chief Stipendiary Steward
Defendant: C T Dalgety, Licensed Public Trainer
Information No: 69311
Meeting: New Zealand Metropolitan Trotting Club
Date: 15 October 2010
Venue: Addington Raceway, Christchurch
Race: 8
Rule No: 849 (2)
Judicial Committee: R G McKenzie, Chairman – S C Ching, Panellist
Plea: Admitted
FACTS:
Information No. 69311 was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Public Trainer, Mr C T Dalgety, alleging a breach of Rule 849 (2) in that Mr Dalgety, as the trainer of FEELS LIKE MAGIC, a runner in Race 8, The Stock Xchange Café and Bar Mobile Pace, he “presented FEELS LIKE MAGIC with the incorrect saddlecloth number – No.10 instead of No.4”.
Mr Dalgety had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.
Rule 849 provides as follows:
(2) The trainer, horseman or person in control of each horse in the race shall ensure that the proper numbered saddlecloth is attached prior to the horse parading in the assembly area.
SUBMISSION(S):
Mr Escott told the Committee that Stipendiary Steward, Mr N G McIntyre, had observed that when FEELS LIKE MAGIC, trained by Mr Dalgety, had gone on to the track prior to parading for Race 8, it was wearing incorrect saddlecloth number 10 instead of the correct saddlecloth number 4, as carded in the official racebook for the meeting. Mr Dalgety’s explanation to the Stewards was that he had simply put the wrong saddlecloth on FEELS LIKE MAGIC. The number 10 saddlecloth was for his runner, MATT MAGUIRE, No.10 in Race 10.
DECISION:
The breach was found proved.
SUBMISSION(S) ON PENALTY:
Mr Escott submitted that a fine of $200 was appropriate.
REASONS:
In determining penalty, the Committee took into account Mr Dalgety’s admission of the breach. It appeared that the range of fines imposed for breaches of the Rule was between $100 and $300. The Penalty Guide suggested a starting point of $150. In this case, it was significant, in the Committee’s view, that the horse had got on to the track wearing the incorrect saddlecloth number. This was an aggravating feature. Finally, the Committee noted that, under the Minor Infringement System to come into force on 1 November 2010, the penalty for a breach of the Rule will be $200.
PENALTY:
Mr Dalgety was fined the sum of $200.
