Racing Matamata - 19 May 2010 - R 7
802(1)(a)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr Williamson
Defendant: Mr J Sargent
Information No: 7647
Meeting: Racing Matamata
Date: 19 May 2010
Venue: Matamata
Race: 7
Rule No: 802(1)(a)
Judicial Committee: R M Seabrook, Chairman – A Godsalve, Committee Member
Plea: Admitted
CHARGES:
Following Race 7 an Information was filed pursuant to Rule 802(1a). The Informant Mr Williamson alleged that Mr Sargent failed to comply with the NZTR Board directive of August 2009 in that the horse L’AVANTI was not presented on course as required for saddling.
FACTS:
Mr Williamson read to the hearing the directive form NZTR pertaining to this rule and the need for all horses to be on course at least 1 hour before the race they are starting in. The other requirement is that every horse must be saddled up at the racecourse stables prior to their race.
Mr Sargent acknowledged to the Committee he was aware of the directive and the rule.
Mr Williamson informed the Committee that the stewards were told by 2 other people on course, in addition to their own observations, that the horse L’AVANTI was saddled up at the Sargent stables and not the Racecourse stables. This was also admitted by the Sargent stable foreman, Mr H Allen, who said the horse was saddled at home 20 minutes prior to being required in the Birdcage. Mr Williamson said the directive was put in place to stop any potential advantage that could be gained from saddling up at home.
Mr Sargent, in admitting the breach, said this was the first time this had happened. He explained he had 2 horses in the race and in the case of L’AVANTI had run out of time in bringing her up to the course stables. He admitted he was careless in saddling her up at home and assured the Committee it would never happen again.
SUBMISSION(s) ON PENALTY:
Mr Williamson said this was the first time a person had been charged with this offence. He said this was a relatively serious charge as it did have the potential of gaining an advantage. He submitted a fine of $500 - $750 would be appropriate.
Mr Sargent, when asked, said he would appreciate the fine to be as little as possible.
REASON(s):
The Committee considered all evidence as presented. Mitigating factors are Mr Sargent’s guilty plea, his first time offence under this rule and his full and co-operative attitude with officials. However these factors have to be balanced against Mr Sargent’s obligations as a trainer. He knew his horses had to be saddled up at the course stables and on this occasion this was not complied with. The Committee explained to Mr Sargent the reasons for NZTR’s requirements. The perception that can arise from this type of breach is always a concern to officials.
PENALTY:
After taking the above facts into account we impose a fine of $550.
Richard Seabrook A Godsalve
CHAIR Committee Member
7647
