Rangiora HRC - 12 October 2010 - R 1

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Chief Stipendiary Steward Mr N. R. Escott

Defendant:  Mr J. P. Reardon – Licensed Trainer (did not attend)

Information No:  69384

Meeting:  Rangiora Harness Racing Club       

Date:  12 October 2010

Venue:  Rangiora Raceway     

Race 1:  Wai Eyre Farm Stallions Mobile Pace           

Rule:  858(b)

Judicial Committee:  J. M. Phelan, Chairman - S. C. Ching, Committee Member

Plea:  Admitted           

Charge:

Chief Stipendiary Steward Mr N. R. Escott filed an Information against Licensed Trainer Mr J. P. Reardon alleging a breach of Rule 858(b).  It was alleged that the Mr Reardon failed to turn up to the races in time to start his horse “Shinny” (6) in Race 1, the Wai Eyre Farm Stallions Mobile Pace.

The Information reads as follows.

“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 858(a)(b)  in that Mr Reardon failed to turn up to the races in time to allow “Shinny” to take his place in Race 1 today.”

Rule 858(b) reads as follows.  

“Every horseman and/or person in charge of a horse shall ensure that:-

(a)   ….

(b)   the horse is on the race-track at least ten minutes before the time of starting, and at the post ready to start at least five minutes before the time of starting, or such other time as the Starter may direct.”

Facts:

Mr Escott gave evidence that Mr Reardon and his horse had not arrived at the racecourse by the required under the Rules, and that this horse was therefore scratched at 11-55am, as the race was due to start at 12-10pm.  Mr Reardon arrived at the course about seven minutes before the start time for this race, and explained that he had taken his horse to Addington Raceway by mistake.

Mr Reardon had indicated on the Information that this breach of the Rules was admitted, and also that he did not wish to attend the hearing.

Decision:

As Mr Reardon had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submissions on Penalty:

Mr Escott made submissions that the Penalty Guide suggested a starting point for a fine in this case was $200-00.  As Mr Reardon had shown remorse Mr Escott submitted that a fine of $200-00 would be appropriate in this case.

Mr Escott also made submissions that in this case Mr L. F. O’Reilly had been denied the opportunity to earn a drivers’ fee through no fault of his own.  Mr Escott said that Rule 1114(2A) enabled a Judicial Committee to order the whole or part of a fine be paid to any person as it sees fit, and that this was an appropriate case where a drivers’ fee of $74-75 should be paid to Mr O’Reilly from any fine which might be imposed.

Decision on Penalty:

We were satisfied that an appropriate penalty in this case was a fine of $200-00.  We were also satisfied that from this fine Mr L. F. O’Reilly should be paid a drivers’ fee of $74-75.

Penalty:

Accordingly Mr Reardon was fined the sum of $200-00.  There will also be an order that from this fine of $200-00 the sum of $74-75 be paid to Mr L. F. O’Reilly under the provisions of Rule 1114(2A).