Riccarton Park – Canterbury JC 12 August 2023 – R7 – Stephen Marsh

ID: RIB26132

Respondent(s):
Stephen Marsh - Trainer

Applicant:
John Oatham, Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair) and Geoff Hall

Information Number:
A21153

Decision Type:
Race Related Charge

Charge:
Failing to Declare Rider by Required Time

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

Plea:
Admitted

Animal Name:
Fah Sai

Code:
Thoroughbred

Race Date:
12/08/2023

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R7

Hearing Date:
12/08/2023

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Class A Trainer, Stephen Marsh, fined $200

BACKGROUND:

Class A Trainer, Stephen Marsh, admitted a charge that as the Trainer of FAH SAI, an acceptor for Race 7, Stephanie Murray Mortgages Rating 65, he failed to declare a Rider for the horse by the required time.

Class A Jockey, Courtney Barnes, authorised representative for the Respondent, who was not on course, endorsed the Information Form “I do admit a breach of the rule”.

Rule 537(a) provides as follows:

The Trainer or Owner or lessee (as the case may be) or the Agent of the Trainer or Owner or lessee (as the case may be) for a horse accepted or deemed to have been accepted for a Race shall: [Amended 1 June 2013] (a) declare to NZTR the name of the Rider of that horse by the time and date specified by NZTR for declaration of Riders for that Race.

EVIDENCE:

Chief Stipendiary Steward, John Oatham, said that he had been in touch with the Respondent, who had indicated that the charge was admitted and that Jockey, Courtney Barnes, was authorised to accept service of the Information on his behalf. The Respondent also confirmed that the Stable did not wish to be represented at the hearing.

Chief Stipendiary Steward, John Oatham, said that by 7.30am on Raceday, no Rider had been declared for FAH SAI, trained by the Respondent, an acceptor in Race 7. He contacted the Racing Bureau at around 8.00am to enquire. He was informed that the Bureau had attempted to contact the Stable Foreman and were waiting to hear back from him. Mr Oatham received an email from the Bureau at 8.23 advising that Hamish McNeill had been advised as the Rider for FAH SAI.

The Respondent could offer no tangible excuse, Mr Oatham said. He leaves the matter of notifying Riders to the Stable Foreman and is disappointed that, on this occasion, it had been left so late. The Stable is a big Stable with horses all over the country, Mr Oatham said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham said that the Respondent has two previous breaches of the Rule within the 120-day period – at Rotorua on 28 April 2023 (fined by MIN $100 for 2nd breach within 120 days) and again at Rotorua on 13 May 2023 (fined $200 for 3rd breach within 120 days – Listed Race). The present charge has been brought by way of information, being a 3rd breach, he said.

The Respondent was apologetic, Mr Oatham said. The race was the biggest field of the day, thus limiting options for choice of Rider.

Mr Oatham submitted that a fine of $200 would be appropriate.

REASONS FOR PENALTY:

The Adjudicative Committee was satisfied that a fine of $200 was an appropriate penalty for the breach, having considered all of the circumstances.

CONCLUSION:

Class A Trainer, Stephen Marsh, is fined $200.

Decision Date: 12/08/2023

Publish Date: 15/08/2023