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23 Jun 2021
Counties-Rc - 3

Counties RC 23 June 2021 – R 3 – Chair, Mr A Smith

Created on 25 June 2021

Rules:
616(4)
Committee:
ASmith (chair)
Name(s):
Mr B Foote – trainer of KID ROC
Mr M Williamson – Senior Stipendiary Steward
Informant
Mr A Coles - Stipendiary Steward
Information Number
A13920
Plea:
Admitted
Charge:
Notifiable Gear Breach
Evidence:

This charge arises from the running of Race 3, A Maiden event over 1200m event. Stipendiary Steward, Mr Coles filed an Information pursuant to Rule 616(4) alleging that Ben Foote the Trainer of KID ROC presented the horse to race without gear that had been notified. (Side Winkers).

Mr Foote acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 616(4) provides: When permission has been obtained in accordance with sub-Rule (2) of this Rule 616 for the use of an item or items of Notifiable Gear on a horse, such items or items of Notifiable gear will continue to be used without variation on the horse concerned in consecutive subsequent Races unless permission has been obtained from a Stipendiary Steward before the horse is accepted or instructed by a Stipendiary Steward to change or adjust the Notifiable Gear that is to be used for that horse.

On behalf of the Stipendiary Stewards Mr Williamson outlined the details of the breach.

Mr Williamson said that he was advised by Ms Selvakumaran that KID ROC had been presented to race without Side Winkers. Mr Williamson advised Mr Foote that the Side Winkers had to be put on the horse as this was on the gear list. Mr Foote advised that if the horse was to race in the Side Winkers then he would scratch the horse. Mr Williamson then advised Mr Foote that if he was to scratch the horse he would also face an additional charge of scratching the horse after the 7.30am deadline. Mr Williamson said it was the Stewards' position that the horse should race in the Side Winkers as this was on the notifiable gear list however the Stewards made a concession, as on this occasion it was the horse's first start, so, in effect there hadn’t been a change in gear. Mr Williamson went on to say that it is the Trainer’s obligation to check the notifiable gear list of their runners to ensure they meet their obligations. Mr Williamson said that any missing gear would generally be picked up before the horse raced, therefore the issue being rectified and then a charge would occur under the Minimum Charge Schedule, however, on this occasion due to the unusual circumstances the Stipendiary Stewards chose to refer this infringement to the JCA.

Mr Foote said that he accepted everything Mr Williamson had said and he viewed himself as a very professional Horse Trainer. He added that he had not had the horse for a long period of time (1 Trial) and determined that the previous Trainer had in fact declared the gear. He advised it was an oversight on his behalf.

Decision:

As Mr Foote admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Coles produced Mr Foote’s record which he described as excellent.

Mr Foote had nothing further to add.

Reasons For Penalty:

After considering the submissions the Committee determined that this was a simple mistake on the part of Mr Foote in not checking the notifiable gear list in relation to KID ROC prior to nomination. In this regard we determined an appropriate penalty would be a fine of $150.

Penalty:

Mr Foote was fined $150.

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