R Rotorua 13 May 2023 – R5 – Stephen Marsh

ID: RIB21504

Respondent(s):
Stephen Marsh - Trainer

Applicant:
Mr B Jones - Senior Stipendiary Steward

Adjudicators:
Hon J W Gendall KC

Persons Present:
Mr B Jones, Mr A Dooley - Stipendiary Steward

Information Number:
A19763

Decision Type:
Race Related Charge

Charge:
Failed to declare Rider by required time

Rule(s):
537(a) - Time Limit Infringement

Plea:
Admitted

Animal Name:
MARGARET JEAN

Code:
Thoroughbred

Race Date:
13/05/2023

Race Club:
Rotorua Racing Club

Race Location:
Arawa Park Racecourse - 274 - 287 Fenton Street, Glenhome, Rotorua, 3010

Race Number:
R5

Hearing Date:
13/05/2023

Hearing Location:
Rotorua

Outcome: Proved

Penalty: Trainer Stephen Marsh is fined $200

Mr S Marsh advised in writing that, pursuant to Rule 914, he did not want to be present at the hearing and admitted the charge.

Evidence:

Mr Jones, Senior Stipendiary Steward, presented an Information charging Mr S Marsh with a breach of Rule 537(a) in that as the Trainer of the horse “MARGARET JEAN”, accepted to start in Race 5, the Campbell Infrastructure Rotorua Cup, failed to declare a Rider for that horse by the required time.

The essential facts are that declaration of a Rider was required by 3pm Wednesday 10 May 2023, and Mr Marsh did not declare a Rider for “MARGARET JEAN” until 7.30am today, 13 May 2023.

The NZTR specified the time of 3pm Wednesday 10 May 2023, as being that required for declaration of Riders for that race.

Decision:

As Mr Marsh admitted the breach, it was deemed proved.

Submissions for Penalty:

Mr Marsh has had 2 previous breaches of this Rule, in February and May 2023, for which he was fined $100 on each.  This being a 3rd breach in about 5 months, was an aggravating factor.  This was a Listed Cup Race with a stake of $85,000.

Mr Marsh’s explanation to the Informant was that he had a “limited pool” of lightweight Riders (the horse was carded to carry 53kg) and had delayed in the hope that scratching’s, or other events, might make a suitable Rider available.  He eventually engaged Ms T Mitchell to ride the horse.  She would have been available as had been properly declared to ride other horses in Races 1, 3, 6 and 7.  Mr Marsh trains a large team of horses and he was endeavouring to do the best for his syndicate owner.

Reasons for Penalty:

Balancing the aggravating and mitigating factors, a fine of $200 is imposed on Mr Marsh.

Conclusion:

Mr Marsh is fined $200.

Decision Date: 13/05/2023

Publish Date: 15/05/2023